Terms of Use
Welcome to the santafenewmexican.com website (this "Site"). Use of this Site is conditioned on the acceptance, without modification, of these terms and conditions ("Terms of Use"). By using this Site You represent that You have read and understand these Terms of Use and agree to be bound by them. If You do not wish to bind Yourself to these Terms of Use, do not access or use this Site or access any materials from this Site. The New Mexican reserves the right, at its sole discretion, to modify these Terms of Use at any time, such modification effective immediately upon posting.
1. Intellectual Property
1.1 This Site is owned and operated by The Santa Fe New Mexican. All of the content elements displayed and/or downloadable on this Site, including photographic images, graphic images, text, captions, video, audio-visual files, digital files and software (collectively, the "Content"), and all of the features of this Site, including this Site's designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from this Site (together with the Content, collectively, the "Site Elements") is the exclusive property of The New Mexican or its licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content accessed or downloaded by You (whether or not such access or download was authorized) transfers no right, title or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of The New Mexican and/or its licensors. No Content may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. The New Mexican hereby expressly reserves all rights in relation to the Site and Site Elements not expressly granted herein.
1.2 For the protection of The New Mexican and its licensors, Content may use electronic measures to protect this Site and the Site Elements. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.
1.3 For personal, non-commercial use ONLY, You may make a single printed copy of any item of Content on the Site PROVIDED that You do not remove or cause to be removed any copyright, trademark, watermark or other proprietary notices or visual marks or logos from the Content. You may not archive or retain any Content without the express prior written consent of The New Mexican to the address shown at Section 10.1 below.
2. Use of the Site
2.1 This Site and Site Elements are intended solely for users of the Site. Any and all access to this Site is provided to You at The New Mexican's sole discretion. You agree that The New Mexican shall not be liable to You or any third party for any termination of Your access to this Site. The New Mexican reserves the right to modify, update, suspend, discontinue or restrict the use of or access to the Site (or any portion of the Site) at any time and without notice or liability.
2.2 You may not (i) deep link or employ software or any automatic device, technology or algorithm, to "crawl", "scrape", search or monitor this Site and/or retrieve or copy Content or related information; (ii) violate the mechanical restrictions of this Site, or bypass other measures employed to prevent or limit access to this Site or Site Elements by hacking or other means; (iii) copy, redirect, or exploit this Site or any Site Elements; (iv) probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on visitors to this Site or personal information of The New Mexican’s customers; (v) use or upload to this Site any device, software or routine that would interfere with the proper functioning of this Site, or any transaction conducted via this Site; (vi) copy, modify, or display The New Mexican’s name, logo, trademarks or service marks, text, or graphic images in any way, or include The New Mexican’s names or trademarks or service marks or any The New Mexican executive's name, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement; (vii) use devices (including software) that are designed to provide repeated automated access to this Site, other than those made generally available by The New Mexican, or probe, scan, or test the vulnerability of any system or network related in any way to this Site, without proper authorization from or by The New Mexican; (viii) engage in any unlawful or illegal activities in connection with the use of this Site; or (ix) frame this Site or Site Elements using "framing" or any other similar technology.
2.3 The New Mexican controls and operates this Site from its offices within the State of New Mexico, United States of America. The New Mexican does not claim that this Site and/or any Site Elements are appropriate or available for use in locations other than the United States. If You choose to access this Site from other locations, You do so at Your own initiative and will be solely responsible for compliance with any applicable local laws.
3. Confidentiality
3.1 In the course of using this Site, You may receive certain pricing, technical, marketing or other confidential information. "Confidential information" includes any information that is either designated as confidential by The New Mexican or that, under the circumstances surrounding its disclosure, a reasonable person would conclude is confidential. You acknowledge that such confidential information constitutes valuable trade secrets of The New Mexican and is proprietary to The New Mexican. You agree that You will maintain the confidentiality of all such confidential information and that You shall not use or disclose such confidential information without the prior written consent of The New Mexican.
4. Disclaimers and Limitations on Liability
4.1 THE SITE AND THE SITE ELEMENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, The New Mexican EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SITE ELEMENTS AND ANY OTHER PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) OF NON-INFRINGEMENT AND TITLE; (3) THAT ANY USE OF THE SITE WILL BE FREE FROM ANY INTERRUPTIONS, DELAYS, INACCURACIES, SERVER DOWN-TIME, ERRORS OR OMISSIONS; (4) THAT THE SITE WILL BE SECURE, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS; (5) THAT THE SITE AND/OR THE SITE ELEMENTS WILL SATISFY YOUR REQUIREMENTS OR EXPECTATIONS; AND (6) THAT INFORMATION, DATA OR MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.
4.2 UNDER NO CIRCUMSTANCES SHALL The New Mexican OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SITE ELEMENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIRS ARISING FROM USE OF THE SITE.
4.3 Your access to this Site or any Site Element is at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any Site Elements. The New Mexican shall not be responsible or liable for any damage caused by theft, systems failure, communications line failure or other occurrences beyond the control of The New Mexican.
4.4 Although The New Mexican endeavors to ensure the accuracy, completeness and reliability of the Content, The New Mexican disclaims all representations and warranties concerning the accuracy, completeness and/or reliability of the Content or any data or metadata appurtenant thereof. You assume all risk and responsibility relying on such information. The New Mexican also disclaims any responsibility for the accuracy, completeness and/or reliability of any search feature provided by this Site and/or any search results.
4.5 This Site may from time to time contain links or pointers to Internet sites maintained by third parties. These links do not imply endorsement by The New Mexican of the products or services offered by such third party Internet sites. The New Mexican does not operate or control in any way any information, products or services on these third-party sites and The New Mexican expressly disclaims any responsibility for such third party sites, which are provided for Your convenience on an "as is" basis without warranties of any kind, express or implied. You hereby waive any and all claims against The New Mexican regarding the inclusion of links to third party Internet sites or the use thereof.
5. Potentially Offensive Material
5.1 This Site contains an extensive archive of news and historical Content. Accordingly, certain Content may describe or depict persons, institutions or events that reflect social attitudes, beliefs and circumstances of a particular place and/or time that may be viewed as insensitive, offensive or inappropriate by You, or the community in or to which You intend to publish, transmit, display or broadcast such Content. The New Mexican shall not be liable or responsible to You, or any other person or entity with respect to such Content.
6. Indemnification
6.1 You hereby agree to indemnify, defend and hold harmless The New Mexican and its officers, directors, employees, agents and representatives from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys' fees and costs, arising out of or in any way connected with its access to Your use of this Site or any Site Elements in violation or breach or alleged violation or breach of these Terms of Use, Your violation, alleged violation or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary rights of a third party (including defamation, libel, violation of privacy or publicity) or any other applicable laws or regulations.
7. Severability
7.1 If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. The affected provision shall be modified to the extent necessary to make it lawful, not void or enforceable, as the case may be, in such a manner as comes closest to preserving the intentions of such provision.
8. Governing Law; Jurisdiction; Disputes
8.1 These Terms of Use will be governed and construed in accordance with the laws of the State of New Mexico without regard to its conflicts of law provisions. These Terms of Use shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. You agree to submit to the jurisdiction of the state and federal courts located in Santa Fe County in the State of New Mexico. You agree not to bring any of action relating to the use of this Site or the interpretation of these Terms of Use in any court in any jurisdiction other than the state and federal courts located in Santa Fe County, State of New Mexico. The New Mexican shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms of Use. In any dispute between You and The New Mexican where The New Mexican prevails, The New Mexican shall be entitled to recover its reasonable attorney fees, court costs, disbursements, and other legal expenses.
9. No Waiver
9.1 The failure of The New Mexican at any time to require performance by You of any provision of these Terms of Use shall in no way affect the right of The New Mexican to enforce the such provision, nor shall the waiver of any breach by You of any provision herein constitute a waiver of any succeeding breach or the provision itself.
10. Contacting AP
10.1 Requests for the archiving, republication or retention of any item of Content accessible on the Site should be submitted by You in writing to The New Mexican at the following address: Web Editor/Copyright Team, The New Mexican, P.O. Box 2048, Santa Fe, NM 87504-2048, USA or by email to webeditor@sfnewmexican.com
10.2 If You have any queries regarding the Site, please submit your query to The New Mexican by email to: webeditor@sfnewmexican.com
HOW WE USE PERSONAL INFORMATION
A. Use and Purpose of Processing Your Personal Information
We use and process your Personal Information for the following types of purposes (the examples provided are illustrative and not intended to be exhaustive).
To provide you with the Products, and other promotions, newsletters and information we think you may be interested in
To respond to your inquiries and provide you with requested information and to provide other communications, including by email, chat or text messages, and including alerts, notification of promotions, contests, and events
For marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and other third parties, provided that you have not already opted-out of receiving such communications
For billing and payment processing
To deliver personalized advertising and content, including textual and audio-visual ads and content
To comply with our Terms of Service and Terms of Use for various Products
To perform analytics for business purposes, such as monitoring traffic to our Products, counting ad impressions, and auditing legal and regulatory compliance
To comply with any applicable laws and regulations and respond to lawful requests; and/or
For any other purposes disclosed to you at the time we collect your Personal Information and/or pursuant to your consent .
If we decide to use the Personal Information for materially different purposes, we will update this Privacy Policy.