End User Agreement Terms of Service
Welcome to 2019 Readers’ Choice Listing Contest. This service is offered free of charge to users. Your (“End User”) use of the Service is, however, conditioned upon completion and acceptance of the “End User Agreement” Terms of Service, as well as continued compliance with its provisions. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY INTERACTING WITH THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED THEREIN.
This site is operated in part by Albuquerque Publishing Company, who owns and maintains the services (the “Service”) offered on this site. End User understands and agrees that the Service is provided to him/her exclusively under this End User Terms of Service. By completing the registration process, End User is stating that he/she has read and understands the End User Terms of Service, and that he/she agrees to be bound by them. Albuquerque Publishing Company may modify this End User agreement at any time, and may terminate End User’s use of the Service or otherwise revise any or all aspects of the Service in its sole discretion and without prior notice. End User’s continued use of the Service now, or following the posting of notice of any changes in this End User Agreement, will constitute a binding acceptance by End User of such rules, changes or modifications. End User represents that he/she is at least 13 years of age and, if acting on behalf of a group or organization, has the authority to do so. Any minor using the system shall do so only with the consent of a supervising parent or guardian who shall execute an End User Agreement on behalf of such minor. End User is responsible for all use of the Service under End User’s password. End User acknowledges that he/she is aware that areas accessible on or through the Service may contain material that is unsuitable for minors (persons under 18 years of age). End User, or parent or guardian, as the case may be, agrees to supervise usage of the Service by minors, if any, whom End User permits to use the Service.
End User Responsibilities
End User is responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto. End User acknowledges and agrees that he/she is solely responsible for maintaining the confidentiality of his/her account number and/or password. End User agrees that he/she is entirely responsible for all uses of his/her account, whether or not authorized by End User. End User agrees to notify Albuquerque Publishing Company immediately of any unauthorized use of his/her account. End User agrees to ensure that any content or information he/she provides will at all times be accurate, complete and not misleading. End User agrees not to place on this site any content that violates, plagiarizes or infringes upon the rights of others, including copyright, trademark, the right of privacy or the right of publicity, or that would be abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous, offensive, or otherwise illegal. End user agrees not to solicit the performance of any activity that is prohibited by law. End User agrees to comply with all applicable laws, rules and regulations in connection with this End User Agreement. End User agrees not use the Service in connection with surveys, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). End user agrees not to restrict or inhibit any other user from using and enjoying the Service. If End User uses this site from outside the United States of America, he/she is entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Service.
Content and Monitoring
Albuquerque Publishing Company has the right, but not the obligation, to monitor and review the content on the Service and End User’s account to determine compliance with the conditions of use and operating rules established by Albuquerque Publishing Company, to satisfy any law, regulation or authorized government request, or for other reasonable purposes. If Albuquerque Publishing Company becomes aware of any use of the Service which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of End Users of the Service with law enforcement agencies. End User assumes all risk and liability with respect to use of the Service, including End User’s continued compliance with the End User Agreement. By using the Service, End User irrevocably grants Albuquerque Publishing Company and their assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) copy, display, distribute, publish, and create derivative works from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate in other works in any form, media or technology now known or later developed, solely in connection with fulfilling its obligations in this Agreement, and (ii) to use and disclose the Content in aggregated form, including, but not limited to, analysis and extrapolation of the Content and the demographic trends resulting therefrom for marketing and other geo-targeting purposes; provided, however, that such use shall not personally identify End User. Except as otherwise expressly noted on this site, End User is hereby authorized to use the contents solely for his/her noncommercial, personal use. Except as otherwise provided by copyright law, all other copying, redistribution, or publication must be with the expressed permission of owner of such material. Copying, redistribution, or publication of copyrighted material, or changes to or deletion of author attribution or copyright notice are prohibited. Downloaded software may not be reverse engineered unless specifically authorized by owner of the software. End User may download public domain content for its own use. End User assumes all risks regarding the determination of whether any content is in public domain.
Third Party Interaction
This site may be linked to other sites on the World Wide Web or Internet which are not under the control of or maintained by Albuquerque Publishing Company. Such links do not constitute an endorsement by Albuquerque Publishing Company of those sites. End User agrees that Albuquerque Publishing Company is providing these links to End User only as a convenience, and further agree that Albuquerque Publishing Company is not responsible for the content of such sites. In End User’s use of this site, he/she may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers, sponsors and other users of this site. Any such correspondence, purchase or participation, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or participation is solely between End User and the applicable third party. End User agrees that Albuquerque Publishing Company has no liability, obligation or responsibility for any such correspondence, purchase or participation between End User and any third party.
Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of Albuquerque Publishing Company or other entities. End User is not authorized to use any such marks. Ownership of all such trademarks and other intellectual property remains with Albuquerque Publishing Company or those other entities. No permission is granted to hyperlink other Internet sites with any page in this site. End User agrees not to “frame” or “mirror” any of the contents or pages contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Albuquerque Publishing Company, as applicable. This authorization terminates automatically, without notice to the End User, if he/she breaches any of the Terms of Service.
Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT END USER’S SOLE RISK. NEITHER Albuquerque Publishing Company NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PUBLISHER, NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER Albuquerque Publishing Company NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES. To the maximum extent permitted by applicable law, in no event will Albuquerque Publishing Company, or any person or entity involved in creating, producing or distributing the Service or the content included therein, be liable to End User or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Service. End User hereby acknowledges that the provisions of this section shall apply to all use of and content on the Service. End User acknowledges that the content on the Service, by its nature, may involve a level of risk, including, without limitation, personal injury, property damage or other dangers. In no event shall Albuquerque Publishing Company’s total liability to End User for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by End User, if any, for accessing the Service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, 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 the Service and content therein, under any legal theory or cause of action.
End User agrees to indemnify, defend and hold harmless Albuquerque Publishing Company, its affiliates, licensors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys’ fees) arising from End User’s use or any user of End User’s account of the Service or content therein, their violation of the Terms of Service, or their infringement, or infringement by any other user of their account, of any intellectual property or other right of any person or entity.
The Terms of Service will inure to the benefit of Albuquerque Publishing Company’s successors and assigns. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Albuquerque Publishing Company. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Albuquerque Publishing Company to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Albuquerque Publishing Company in writing. These Terms of Service constitute the entire agreement between End User and Albuquerque Publishing Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. Albuquerque Publishing Company can revise these Terms of Service at any time without notice by updating this posting, and End User agrees that their continued use of the Service after such revisions have been posted constitutes their acceptance of such revised Terms of Service. Neither party may assign or transfer this Agreement to any other person or entity without the prior written consent of the other party, (which consent shall not be unreasonably withheld), provided however that Albuquerque Publishing Company may assign the Agreement to another entity: (i) owning a majority of its outstanding stock; (ii) into which it merges, or (iii) which acquires all or substantially all of its assets. The provisions of this Terms of Service are for the benefit of Albuquerque Publishing Company and their contractors, information providers, service providers, licensors, employees, licensees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Any acknowledgment of an e-mail or other communication from End User that is in any way inconsistent with, or adds to, the provisions of these Terms of Service is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Service. Albuquerque Publishing Company may authorize or allow its contractors and other third parties to provide to Albuquerque Publishing Company and/or to End User services necessary or related to making the Service available and to perform obligations and exercise rights of Albuquerque Publishing Company under these Terms of Service. Any obligations or duties which by their nature extend beyond the termination of these Terms of Service shall survive any expiration or termination of these Terms of Service. Albuquerque Publishing Company and/or third parties may from time to time send e-mail messages to End User containing advertisements, promotions and other such information. Albuquerque Publishing Company makes no representation or warranty with respect to the content of such email messages or any goods or services which may be obtained from such third parties, and End User agrees that neither Albuquerque Publishing Company nor such third party shall have any liability with respect thereto. Recognizing the above, End User chooses to voluntarily enter this space and to use the Service and to not hold Albuquerque Publishing Company responsible for any action or inaction on either of their parts. End User chooses to use the service and to abide by the terms and conditions set forth here.
No purchase necessary. This contest Campaign is open only to those who sign up at the dealmeinnm.secondstreetapp.com/2019-Readers-Choice-Listing-Contest-/ and who are 18 as of the date of entry. Employees of Albuquerque Publishing Company, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Albuquerque Publishing Company as final and binding as it relates to the content of this Campaign.
- Campaign Period: Entries will be accepted online starting at [10 a.m. Friday, August 30, 2019, MST] and ending [11:59 p.m. Friday, Sept. 13, 2019, MST]. All online entries must be received by [11:59 p.m. Friday, Sept. 13, 2019, MST].
- How to Enter: The Campaign must be entered by submitting an entry using the online form provided at dealmeinnm.secondstreetapp.com/2019-Readers-Choice-Listing-Contest. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Albuquerque Publishing Company. Entries are limited to one per email address. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Albuquerque Publishing Company.
- Prizes: The Winner(s) of the Campaign (the “Winner”) will receive a gift card. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Albuquerque Publishing Company. No cash or other prize substitution shall be permitted except at Albuquerque Publishing Company discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Albuquerque Publishing Company to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be selected by a drawing under the supervision of Albuquerque Publishing Company. Winner will be notified by email within five (5) days following selection of Winner. Albuquerque Publishing Company shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize by Sept. 30, 2019, the prize may be forfeited. Awards must be picked up at 7777 Jefferson St. NE, Albuquerque, NM 87109 between 8 a.m. and 5 p.m. Monday through Friday. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT ALBUQUERQUE PUBLISHING COMPANY’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Albuquerque Publishing Company anyone acting on behalf of Albuquerque Publishing Company and Albuquerque Publishing Company’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion Albuquerque Publishing Company. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Albuquerque Publishing Company from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Albuquerque Publishing Company may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Terms & Conditions Albuquerque Publishing Company reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Albuquerque Publishing Company’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Albuquerque Publishing Company may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Albuquerque Publishing Company. Albuquerque Publishing Company reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Albuquerque Publishing Company has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Albuquerque Publishing Company reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: By entering, You agree to release and hold harmless Albuquerque Publishing Company and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
- Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF United States of America AND New Mexico, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New Mexico having jurisdiction. Participant further waives all rights to have damages multiplied or increased.
- By participating, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
Our Commitment to Privacy
Personally Identifiable Information
Online privacy concerns focus on the protection of “personally identifiable” information which an individual or customer reasonable expects to be kept private. As the term suggests, “personally identifiable” information is information that can be associated with a specific individual or entity.
The only personally identifiable information Albuquerque Publishing Company obtains about individual users through our web sites is information supplied voluntarily by the user. Users interacting with our sites may provide Albuquerque Publishing Company with name, address, telephone number, e-mail address, domain name or URL or other personally identifiable information that Albuquerque Publishing Company may use for its own business purposes. Albuquerque Publishing Company will collect and use this information for the ability to provide and change service, to anticipate and resolve problems with your service, for billing purposes, or to create or inform you of products and services that better meet your needs.
Non-Personally Identifiable Information
Albuquerque Publishing Company does collect some non-personally identifiable generic information about our users as a means of measuring the effectiveness of our web sites. Albuquerque Publishing Company identifies certain user information in the normal course of operation, but such information does not reveal a user’s personal identity. We collect this information only in the aggregate and use it to evaluate and improve our web sites. The following are examples of non-personally identifiable generic information:
IP Addresses: An IP address is a number that is assigned to a user’s computer whenever that user is using the World Wide Web. Web site servers must be able to identify individual computers by their IP address. Albuquerque Publishing Company collects IP addresses for the purposes of system administration security and to report aggregate usage information. Albuquerque Publishing Company does not link IP addresses to any personally identifiable information.
Computer settings: Settings, technical and other information from your computer, such as your operating system, browser version, connectivity, various communication parameters and other information related to the operation and interaction of Albuquerque Publishing Company web sites may be collected by Albuquerque Publishing Company. Except as otherwise provided in this policy, Albuquerque Publishing Company will use such information solely in order to provide technically appropriate formatting of information provided by Albuquerque Publishing Company. The collection of this information will not include any personally identifiable information about you or any individual user.
Albuquerque Publishing Company will not sell, trade, or disclose to third parties any personally identifiable information derived from registration for or use of a Albuquerque Publishing Company service without the consent of the customer, except as required by subpoena, search warrant, or court order pursuant to applicable law, regulation or legal process or in the case of imminent physical harm to the customer or others.
Any user who does not wish to receive further contacts from Albuquerque Publishing Company may write to PO Box J, Albuquerque, NM 87103-1136.
Albuquerque Publishing Company will protect the confidentiality of its customer’s personally identifiable information to the fullest extent possible and consistent with law and legitimate interests of Albuquerque Publishing Company and its employees. To protect the loss, misuse, and alteration of such information, Albuquerque Publishing Company has appropriate physical, electronic and management procedures in place.
Albuquerque Publishing Company is not responsible for the content or the privacy practices of non-Albuquerque Publishing Company web sites, including web sites reached through a link on a Albuquerque Publishing Company web site. Other web sites may have different privacy policies, or no policy. Users should review the privacy policies of any web site before providing personal information.