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SouthernNewMexico.com

By David Burch

Last updated on Monday, December 23, 2002

Terms and Conditions of Use

By accessing or using this web site currently located at www.SouthernNewMexico.com (the "Site") and owned by Burch Media, Inc. ("SouthernNewMexico.com"), the user of this Site and any individual or entity on whose behalf a user accesses or uses the Site (collectively, "You" or "Your," as appropriate) agree to be bound by the following Terms and Conditions and to our Privacy Policy. Please read both carefully and often as they are subject to change. Your continued use of the Site after the posting of changes to these Terms and Conditions constitutes acceptance of the changes. If You do not agree to these Terms and Conditions, do not use the Site.

Privacy

SouthernNewMexico.com respects the privacy of our users. Please take a few minutes to review our privacy policy

General Disclaimer

The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before You act on information You've found on our Site, You should confirm any facts that are important to your decision. SouthernNewMexico.com is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers, by others to whose sites we link, or users who post comments or other material on SouthernNewMexico.com.

Comments, Chat Rooms, Forums, Photo Galleries And Other Public Posting Areas

SouthernNewMexico.com encourages an open exchange of information and ideas. But we cannot and do not review every posting made in comments, the chat rooms, forums, and other public posting areas. You may well read any given posting before anyone on the SouthernNewMexico.com staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than SouthernNewMexico.com. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and Your own good judgment.

Responsibility for what is posted in the chat rooms, forums, photo galleries and other public posting areas on the Site lies with each user - You alone are responsible for material You post. You agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights of others. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, or relevancy of the materials You submit. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.

Although SouthernNewMexico.com cannot monitor all the postings in comments, the chat rooms, forums, photo galleries and other public areas, we reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons or for no reason. We will not, in the ordinary course of business, review private electronic messages that are not addressed to SouthernNewMexico.com. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.

Intellectual Property Rights

You will not use the Site to violate anyone's copyright, trademark, or other intellectual property rights. By submitting material to the Site, You are representing that You are the owner of the material, or are making Your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject You to legal liability for infringement of copyright, trademark, or other intellectual property rights.

Ownership of Submitted Material

Submission of material to any SouthernNewMexico.com comments, forums, chat rooms, image critique areas, or photo sharing systems does not transfer the copyright to that material to SouthernNewMexico.com. However, by submitting the material, You, or the copyright holder in case You are acting for another, grant SouthernNewMexico.com a perpetual non-exclusive world-wide royalty-free license to modify, publish and reproduce that material for the purpose of operating, displaying, distributing and promoting SouthernNewMexico.com. However, SouthernNewMexico.com will not use Your materials without attributing them to You, without Your agreement. If You object to any modification by SouthernNewMexico.com of Your materials (except for minor edits), or, in the case of forum postings, comments on photos, or comment on the Site's static content, to the use of Your materials separate from their original context, SouthernNewMexico.com will either restore the original text and context, or delete the materials.

No Soliciting

You agree not to use the Site to advertise products or services or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

No Spamming/Email address harvesting

From time to time, users post their email addresses in our comments, chatrooms, forums, and other public posting areas, and the site makes available the email addresses of members to other logged-in members. You agree not to gather these email addresses for purposes of spamming or for any non-personal or commercial purposes.

Prohibited Usage of the Site

The materials available through the Site are the property of SouthernNewMexico.com or its licensors (the users), and most of the materials are protected by copyright, trademark and other intellectual property laws. Furthermore, SouthernNewMexico.com has expended its resources to gather these materials and to publish them or to make them available to its users. You agree not to reproduce or distribute, or cause to be reproduced or distributed, any material on the Site, without the express prior permission of both SouthernNewMexico.com and, in the case of copyrighted materials, the copyright owner, except for such reproduction as occurs in the normal course of reading or viewing the materials using a Web browser. Requests for permission to reproduce or distribute materials found on the Site should be sent both to SouthernNewMexico.com and the original author of those materials or, in the case of SouthernNewMexico.com features, to business@SouthernNewMexico.com. You acknowledge that SouthernNewMexico.com and the copyright holders will be significantly damaged by Your violation of this section in a manner that would require immediate injunctive relief. You are not relieved of your duties under this section because material was posted anonymously or under a pseudonym, because you cannot locate the copyright holder, because the materials are in the public domain, because the materials are available on any other web site or in some other form, or because you have the permission of either the copyright holder or SouthernNewMexico.com, but not both.

Robots, Spiders, Offline Readers, etc

This site is provided for your personal use. You agree not to use or launch any automated system, including without limitation "robots", "spiders", "offline readers", etc, that accesses the site in a manner which sends more request messages to the SouthernNewMexico.com server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line Web browser to read, view, and submit materials.

Teachers and Search Engines

Notwithstanding other terms of this agreement, we grant the right to teachers to print out pages from SouthernNewMexico.com for distribution to students, provided that attribution is given to the URL on SouthernNewMexico.com where the material originated. We also grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials. We reserve the right to revoke these exceptions either generally or in specific cases.

Links To Third Party Sites

The Site contains links to third party web sites ("Third Party Sites"). Because SouthernNewMexico.com has no control over Third Party Sites, SouthernNewMexico.com does not endorse, has not reviewed and is not responsible for the availability of Third Party Sites. You acknowledge that use of Third Party Sites is at Your own risk and that SouthernNewMexico.com is not responsible or liable, directly or indirectly, for any damage or loss You incur in connection with products or services available on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency or other aspect of Third Party Sites.

Hyperlinking

We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of Your site by SouthernNewMexico.com.

No Framing

Without the prior written permission of SouthernNewMexico.com, You may not frame any of the content of the Site, or incorporate or embed into another Web site or other service any intellectual property of SouthernNewMexico.com or any of its licensors. Requests for permission to frame our content may be sent to business@SouthernNewMexico.com.

Registration and Password.

You are responsible for maintaining the confidentiality of Your personal information and password. You are responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify SouthernNewMexico.com of any unauthorized use of Your registration or password.

Site Security Rules.

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing," (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SouthernNewMexico.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make SouthernNewMexico.com an interesting and enjoyable place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE INFORMATION PROVIDED THROUGH THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.

THIS SITE IS PROVIDED TO YOU *AS IS,* *WITH ALL FAULTS,* AND *AS AVAILABLE.* SouthernNewMexico.com AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL SouthernNewMexico.com., OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SouthernNewMexico.com., AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.).

Indemnity

You agree to indemnify and hold SouthernNewMexico.com, its officers, subsidiaries and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from Your use of the Web Site or Your breach of these Terms and Conditions.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, exclusive of its provisions on conflicts of laws.

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