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Terms of Use

INTRODUCTION

Welcome to the Conley Publishing Group (hereinafter "Conley") Internet sites. The Conley sites include, but are not limited to, tusconlifestyle.com, sanantoniomag.com, tusconhomeandgarden.com, tusconlifestyleweddings.com, and gmtoday.com.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ANY CONLEY SITE. By using any Conley site, you assent to these terms of use. If you do not agree to these terms of use, do not use these sites. We may, at our discretion, change, modify, add, or remove portions of these terms at any time in accordance with the procedures set forth below in the section entitled "Amendment." Please check these terms periodically for changes. Continued use of any Conley site following the posting of changes to these terms (including our Privacy Policy) means you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

These sites are owned and operated by Conley (referred to as "we," "us," or "our" herein). All information, materials, and content contained on our sites are our property or the property of our licensees or licensors. All trademarks, trade names, service marks, and trade dress are proprietary to us and/or our licensees and licensors. No material, content, or information from this site or any Web site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download and print one copy of the materials on any single computer for your personal, non-commercial use only; provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any purpose is a violation of our copyright and other proprietary rights. You may not use the information, materials, or content in a manner that suggests an affiliation with us. You may also not download information so as to avoid future downloads from any Conley site.

The Conley sites may not be used for commercial purposes or in any way that is unlawful or harms us or any other person or entity, as determined by our sole discretion.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. You own the medium on which the Software is recorded, but we retain all rights, title, and ownership of the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS

VERSION 2 - We greatly appreciate and value your feedback on our services and products. We also appreciate your submissions. You represent and warrant that any submission you provide to Conley will be complete and accurate. You acknowledge that you are responsible for the submissions that you provide, and that you, not Conley, have full responsibility for the submissions, including their legality, reliability, appropriateness, originality, and copyright. If we decide to use your submission, we will pay you a mutually agreed-upon fee. Further, we shall have the right to not publish any submission submitted by you, and no fee will be due to you for any such submission. You also recognize that Conley develops content and other creative materials on its own and receives the same from others. Thus, it is possible that Conley may already be in possession of materials that are similar to yours and has no obligation to pay you for the use of such materials.

 

REGISTRATION INFORMATION AND SECURITY

You agree to provide, maintain, and update accurate, true, complete, and current information about yourself as prompted by our registration processes. We have the right to suspend or terminate your account and refuse use of any Conley site, if you do not comply with this provision.

Maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s) is entirely your responsibility.

If you become aware of any unauthorized use of your username, password, other account information, or any breach of security involving or related to any Conley site, you agree to immediately notify us at webmaster@conleynet.com. You are required to exit from your account at the end of each session.

We disclaim liability for any and all losses and damages arising from your failure to comply with this section.

PUBLIC FORUMS, COMMUNICATION, AND CONTENT LINKED TO ANY CONLEY SITE

As a feature of its sites, Conley may enable users to post or view user-generated content and/or communicate or share user-generated content with other Conley users and members of the general public.

Anything you submit to a Conley site by way of any public forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public. Accordingly, you have no expectation of privacy with regard to any such submission. Features offered as part of Conley sites are for public and not private communications. Whenever you give out personal information online, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose through any media. You make such disclosures at your own risk.

In addition, Conley may provide links to external sites that are beyond our control. These may include, without limitation, links to advertisers, sponsors, content partners, and blogs. For example, if you click on a banner advertisement, the click may take you off the Conley site. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to third-party sites, but are under no obligation to do so.

We are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users either on the Conley sites or the externals sites we link to. We make no representations concerning the content of sites listed on our site and cannot be held responsible for the content or legality of any material contained in sites linked to a Conley site. We specifically disclaim any and all liability in connection herewith.

RULES

You will not upload to, distribute through, post, or otherwise publish through this site any content that is libelous, defamatory, harassing, bigoted, hateful, violent, obscene, pornographic, sexually explicit, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law. You will not engage in any criminal activity, or conspiracy to commit any criminal activity, including, without limitation, fraud, drug dealing, harassment, theft, child pornography, stalking, sexual assault, and trafficking in obscene or stolen material.

You shall not communicate through this site for any commercial purposes, or solicit, promote, advertise any goods or services.

You own or have all the necessary rights, licenses, and permissions to use and to authorize us to use, distribute or exploit in all manners permitted by these terms and conditions of use, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and/or other proprietary rights contained in or associated with any content that you upload, distribute through, post or otherwise make available or transmit.

You will not upload to, distribute through, post, or otherwise publish through this site any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Conley sites.

You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

You will not delete any legal notices, disclaimers, or proprietary notices such as trademarks or copyright symbols, or modify any logos that you do not own or have permission to modify.

As between you and us, you assume all risk of harm or injury resulting from any lack of compliance by other users of Conley sites, as we cannot and do not guarantee the conduct of such users.

CONLEY CONTENT REMOVAL RIGHTS

We may change or modify the Conley sites or delete features or content in any way, at any time, and for any reason or no reason.

We reserve the right, but do not have any obligation or responsibility, to remove any user-generated content from any Conley site that violates these terms of use and/or to comply with any subpoena, order, or to otherwise cooperate with law enforcement officials. If we deem appropriate, we also reserve the right to preserve a record of any such user-generated content and turn it over to law enforcement officials.

Any information contained on any Conley site regarding price, availability, and other information is subject to change without notice.

DISCLAIMER

THE CONLEY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONLEY SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES OR ANY THIRD PARTY SITES LINKED TO FROM ANY CONLEY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SAFETY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from our sites from third parties. We cannot and will not be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Any health-related information on any Conley site is provided for information purposes and is not meant to substitute for the individualized advice provided by your own physician or other medical professional. You should not use any information obtained herein for diagnosing or treating a health problem or disease, or prescribing any medication.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM 1) THE USE OF, OR INABILITY TO USE, THE CONTENT, INFORMATION, MATERIALS OR FUNCTIONS IN THESE SITES, OR 2) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A CONLEY SITE OR ANY OTHER PERSON OR ENTITIY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY CONLEY SITE.

UNDER NO CIRCUMSTANCES SHALL WE OR OUR LICENSEES AND LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILUES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, RIOTS, CIVIL DISTURBANCES, STRIKES, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASON BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSEES OR LICENSORS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR LICENSEES OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR 1) ANY INCOMPATIBILITY BETWEEN THE CONLEY SITES AND ANY WEB SITE, SERVICE, HARDWARE, OR SOFTWARE OR 2) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE CONLEY SITES IN AN ACCURATE OR TIMELY MANNER.

THE EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS, DISCLAIMERS, OR EXCLUSIONS MAY NOT APPLY TO YOU.

JURISDICTION, VENUE, AND GENERAL PROVISIONS

You agree that any action at law or in equity arising out of or relating to these terms shall be filed, and that venue properly lies, only in state or federal courts located in Milwaukee, Wisconsin, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. This site is controlled and operated by us within the United States. We make no representation that materials in these sites are appropriate or available for use in other locations. Those who choose to access a Conley site from other locations do so on their own initiative and are responsible for compliance with all applicable laws, including, without limitation, any applicable local laws.

Without giving effect to any principles of conflicts of laws, these terms and conditions of use are governed by and construed in accordance with the laws of the State of Wisconsin and the laws of the United States. If any provision of these terms shall for any reason be unenforceable, then that provision shall be deemed severable from these terms and all remaining provisions shall remain valid and enforceable. No waiver of any part of these terms and conditions of use by us shall be deemed a further or continuing waiver of such part or any other part, and our failure to assert any right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CONLEY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

AMENDMENT

We may amend these terms and conditions of use at any time without notice. It is your responsibility to review these terms and conditions of use for any modifications. Your use of any Conley site following any amendment of these terms and conditions of use will constitute and signify your acceptance of and assent to such revised terms and conditions of use.

TERMINATION

These terms and conditions of use are effective until terminated by either party. You may terminate these terms at any time by ceasing use of all Conley sites and destroying all materials obtained from our sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. If you terminate these terms and conditions of use, you agree to notify us by certified United States mail, postage pre-paid to:

Conley Publishing Group

119 Monroe Street

P.O. Box 478

Beaver Dam, WI 53916

We may, in our sole discretion, immediately terminate these terms with respect to you (including your access to Conley sites) without cause and without notice to you. Upon termination, you must discontinue use of all Conley sites and destroy all materials, copies, and installations obtained from such sites.

We also have a policy that provides for the termination, in appropriate circumstances, of users who are copyright infringers.

The provisions of these terms and conditions of use which by their nature should survive the termination of these terms and conditions of use, shall survive such termination.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider: The Conley Publishing Group

Name of Agent Designated to Receive Notification of Claimed Infringement: Hays Goodman

Full Address of Designated Agent to Which Notification Should be Sent:

119 Monroe Street

P.O. Box 478

Beaver Dam, WI 53916

Telephone Number of Designated Agent: 920-885-7800

Facsimile Number of Designated Agent: 920-887-0439

E-Mail Address of Designated Agent: webmaster@conleynet.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of the 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, and 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 the exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any Conley site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a results of a mistake or misidentification of the material to be removed or disabled; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Conley may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

NOTICES

Third-party text, graphic, photo, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these third-party materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Third parties will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing.

This is the entire agreement between you and us relating to the subject matter herein, and shall not be modified except as provided herein.