CHANGES AND UPDATES
Use of the Site is void where prohibited by law. By using the Site, you represent and warrant that:
(1) all information you submit to us is truthful and accurate;
(2) you are at least 18 years of age when using the Site; and
(3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions. No one under the age of 18 may use the Site.
RESERVATION OF RIGHTS
Your use of the Site is a privilege, and NOT a right. Accordingly, the Flags For Fort Snelling expressly reserves the following rights:
(2) the right to terminate your use of the Site, should we determine, in our sole discretion that you are a repeat or knowing copyright infringer; and
You may NOT make any illegal, unlawful, abusive, harmful or improper use of the Site or any Content, or do anything that interferes with other users’ access and use of the Site or any Content. Without limitation to the generality of the foregoing, you are expressly and strictly prohibited from:
(1) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or any system, network or server associated with the Site;
(2) making unauthorized access (including access that exceeds the scope of authorization) to the Site or any system, network or server associated with the Site, or to any user account on the Site; and
(3) using any automated programs, tools or processes (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any system, network or server associated with the Site, or to extract, collect, harvest or gather any Content from the Site.
1. Trademarks. The “Flags For Fort Snelling” name, the “Flags For Fort Snelling” logo, and any and all other word, design and logo marks and slogans of the Flags For Fort Snelling, whether existing now or in the future (collectively, the “Flags For Fort Snelling”), are trademarks and service marks of the Flags For Fort Snelling and are protected by federal, state and international laws. Except for purposes of making truthful or otherwise lawful references or attribution to the Flags For Fort Snelling, you may not use any of the Flags For Fort Snelling, or any variations thereof, for any purpose or in any manner, without the Flags For Fort Snelling’s express prior written permission. Without limitation to the generality of the foregoing, you may not use any of the Flags For Fort Snelling for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or in the Flags For Fort Snelling’s sole judgment gives the appearance or impression of, any association, connection or affiliation with the Flags For Fort Snelling (other than a truthful, non-misleading indication that you are a member of or donor to the Flags For Fort Snelling), or any endorsement, sponsorship or approval by the Flags For Fort Snelling. In addition, you may NOT use any of the Flags For Fort Snelling in meta tags or as ad keywords without the Flags For Fort Snelling’s express prior written permission.
Unless otherwise noted, all other trademarks and service marks appearing on the Site are the property of their respective owners.
2. Copyrights. All content and material residing on and/or associated with the Site, including, without limitation, text, literature, newsletters, publications, articles, editorials, images, photographs, graphics, artwork, animations, audios, videos, audiovisual material, software programs, user interfaces, social media applications and plug-ins, and all design, layout, and “look and feel” elements of the Site (collectively “Content”), belong to the Flags For Fort Snelling and its licensors, and are protected by U.S. and international copyrights. You may access and use the Site and Content for PERSONAL AND NON-COMMERCIAL USE ONLY, including downloading, printing, and storing for your own personal and non-commercial use copies of Content that has been made available for download and print, and sharing such copies with families and friends for their own personal and non-commercial uses; provided that:
(1) you do NOT remove, delete, alter or temper with any copyright, trademark, or other proprietary notices appearing on or within the Site or any Content; and
(3) Notwithstanding the above, bona fide news media users may make editorial uses of press releases. If you are a news media user, you agree that: you will not use Content for any personal or commercial use; you will indemnify, defend and hold the Flags For Fort Snelling harmless for any and all unauthorized use you may make of any Content, you acknowledge the unauthorized use of the Content could cause irreparable harm to the Flags For Fort Snelling and its officers and directors, and that in the event of any unauthorized use, the Flags For Fort Snelling shall be entitled to an injunction in addition to any other remedies available at law or in equity against you.
3. User Material. As used herein, “User Material” means any written, visual, graphic, pictorial, photographic, audio, audiovisual, or other material furnished to the Flags For Fort Snelling by any user of the Site. By furnishing any User Material to us:
(1) you hereby expressly and irrevocably grant to the Flags For Fort Snelling a non-exclusive, perpetual, worldwide, gratis, royalty-free, fully paid up, sub licensable, assignable and transferable license to copy, reproduce, publish, distribute, publicly display, publicly perform, create derivative works from, and make other uses of such User Material, in whole or in part, to further the Flags For Fort Snelling’s purposes, missions and activities and to promote the Flags For Fort Snelling and its causes, projects and programs, in any and all media now known or hereafter devised, without notice or compensation or payment of any kind to you; you further acknowledge and agree that, if and to the extent such User Material contains personal identification of you (whether by name, likeness, voice or otherwise), the foregoing license shall automatically cover and extend to the use of your identity as embodied therein as part of such User Material;
(2) you hereby represent and warrant that you own or otherwise control all of the rights in and to such User Material and that no use of such User Material will infringe or violate anyone’s copyright, trademark, trade dress, patent, trade secret, right of privacy, right of publicity, reputation, or other property, personal or proprietary right, or violate any applicable law; and
4. Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed by any User Material or Content on the Site, please notify us in writing:
To enable us to investigate your alleged infringement or violation, please include the following in your notice:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Flags For Fort Snelling will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions as required or permitted by law.
Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.
THIRD PARTY WEBSITES
For your convenience, the Site may contains links to third-party websites. Such linked third-party sites are not owned, controlled, operated or maintained by the Foundation. Accordingly, the Flags For Fort Snelling is not responsible for the content, products, services, policies or activities of such linked third-party sites. The inclusion of any link or reference to a third-party site does not constitute or imply the Flags For Fort Snelling’s endorsement, sponsorship or approval of, or the Flags For Fort Snelling’s affiliation or association with, such third-party site or its content, products, services, views, opinions, policies or activities.
LINKING TO OUR SITE
You may only link to the homepage of the Site, provided that:
(1) your linking and your use of the Flags For Fort Snelling for linking purposes are conducted in a truthful and non-misleading manner, and you do NOT misrepresent or falsely suggest that your website, or any of your content, products, services, views, opinions, policies or activities, is endorsed, sponsored or approved by, or is otherwise affiliated or associated with, the Flags For Fort Snelling;
(2) your link must be a text-only link to the home page of the Site, and you do NOT use the Flags For Fort Snelling logo or any other design or logo mark of the Flags For Fort Snelling for linking purposes;
(3) you do NOT publish false, misleading or inaccurate information about, or otherwise disparage, the Flags For Fort Snelling, Gary Sinise, or the Site;
(4) you do NOT frame or otherwise create a browser or border environment around, or make deep linking, in-line linking or similar forms of linking to, the Site or any page of the Site or any Content;
(5) you do NOT link to the Site from any adult or sexually oriented website;
(6) you represent and warrant that the content of your website is appropriate and consistent with the stated purposes of the Flags For Fort Snelling and applicable law; if this is not the case, please do not link to the Site;
(7) you do NOT link to the Site for commercial or fundraising purposes, unless you have the written approval of the Flags For Fort Snelling; and
The Flags For Fort Snelling reserves the right to rescind your privilege to link to the Site at any time in its sole discretion. Upon request by the Flags For Fort Snelling, you agree to immediately remove any link to the Site and to discontinue use of any of the Flags For Fort Snelling for linking purposes.
MAKING DONATIONS ON THE SITE
You may make donations to the Flags For Fort Snelling directly on the Site. By making a donation on the Site, you represent and warrant that:
(1) you are a legal U.S. citizen and are at least 18 years of age when making such donation;
(2) all information you provide to the Flags For Fort Snelling is truthful and accurate, and you will update the information to keep it accurate; and
(3) any donation you make is legal in your jurisdiction.
Donations made on the Site, once processed by the Flags For Fort Snelling, are NOT cancelable, refundable or returnable.
Any information, literature or other material we may send you regarding your donation is solely for your personal, non-commercial use, and may NOT be redistributed, displayed or copied.
THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOUNDATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, THE FOUNDATION DOES NOT WARRANT OR GUARANTEE THAT:
(1) THE SITE AND ALL CONTENT ON THE SITE WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(2) RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING, WITHOUT LIMITATION, RESULTS OF ANY SEARCHES PERFORMED ON THE SITE) WILL BE RELIABLE;
(3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
(4) YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE WILL NOT INFRINGE THIRD-PARTY RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE FLAG FOR FORT SNELLING, OR ANY OF THE FLAGS FOR FORT SNELLING’S EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, ADVISORS OR VOLUNTEERS (COLLECTIVELY “THE FLAGS FOR FORT SNELLING AND ITS RELATED PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, SALES OR PROFITS) RESULTING FROM
(1) YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT ON THE SITE OR
(2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER RELATING TO THE SITE OR ANY CONTENT ON THE SITE, EVEN IF THE FLAGS FOR FORT SNELLING AND ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL CONTENT ON THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE FLAGS FOR FORT SNELLING AND ITS RELATED PARTIES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY SUCH DAMAGES OR LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold the Foundation and Its Related Parties harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys’ fees) awarded to, any third party due to or resulting from:
(1) your misuse of the Site or any Content;
(3) your breach of any of your representations and warranties set forth herein; or
(4) any User Material provided by you.
Effective Date: April 12, 2023