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.
3.1 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.
8. Governing Law; Jurisdiction; Disputes
9. No Waiver
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, 202 E. Marcy St., Santa Fe, NM 87501, USA or by email to firstname.lastname@example.org
10.2 If You have any queries regarding the Site, please submit your query to The New Mexican by email to: email@example.com