Terms of Use

ACCEPTANCE OF TERMS THROUGH USE

By using TEXAS MONTHLY’s Web site, www.texasmonthly.com (the "Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

PERMITTED USE

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of TEXAS MONTHLY and is protected by U.S. and international copyright laws.

LIMITED LICENSE

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. TEXAS MONTHLY may change, suspend, or discontinue any aspect of the Site at any time. TEXAS MONTHLY may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

VIOLATION OF THE TERMS OF USE

You understand and agree that in TEXAS MONTHLY’s sole discretion, and without prior notice, TEXAS MONTHLY may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if TEXAS MONTHLY believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of TEXAS MONTHLY, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to TEXAS MONTHLY for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. TEXAS MONTHLY may release user information about you if required by law or subpoena.

COPYRIGHT POLICY

We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

REPRESENTATIONS BY YOU

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

ACCOUNTS

During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (iv) you will ensure that you exit from your account at the end of each session. Please notify us by clicking here of any potential unauthorized use(s) of your account, or breach of security.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that TEXAS MONTHLY in its sole discretion deems offensive.

LICENSE GRANTED BY YOU

By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

NO COMMERCIAL USE

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain TEXAS MONTHLY’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. TEXAS MONTHLY will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

LINKS AND SEARCH RESULTS

The Site contains links to sites operated by third parties throughout the World Wide Web. TEXAS MONTHLY has no control over these sites or the content within them. TEXAS MONTHLY does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. TEXAS MONTHLY does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against TEXAS MONTHLY for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us by clicking here.

INTELLECTUAL PROPERTY

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by TEXAS MONTHLY or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. TEXAS MONTHLY, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by TEXAS MONTHLY. The use or misuse of any of these materials is strictly prohibited.

BLOGS AND COMMUNITY AREAS

Readers and Site users are solely responsible for the content of the text, photographs, music or other content they post, upload or submit to our blogs and community areas, including, but not limited to, Textalk and the Recipe swap. All such content is subject to the site’s terms and conditions of use and do not necessarily reflect the opinion or approval of TEXAS MONTHLY.

TEXAS MONTHLY may add, change, discontinue, remove, edit or suspend such content at any time for any reason without notice to you, without your permission, and without liability.

DMCA POLICY

If TEXAS MONTHLY determines that an account holder is a repeat infringer under the Digital Millennium Copyright Act, TEXAS MONTHLY will remove or prohibit access to the infringing activity and will terminate that account holder’s ability to upload, post or submit content to the Site.

If you are notifying TEXAS MONTHLY of alleged copyright infringement, please be sure to provide all of the following information to the designated agent for notification in the form required by 17 U.S.C. Section 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of the an exclusive right that is allegedly infringed;

A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

A description of the allegedly infringing material and information sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

A statement by you that the information in the notification is accurate and that, under the penalty of perjury, you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement

NAME: Director of Internet Technologies ADDRESS: Emmis Operating Company, 40 Monument Circle, Suite 500, Indianapolis, Indiana 46204 EMAIL:copyright@emmis.com PHONE: (317) 684-6546 FAX: (317) 684-8810

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER TEXAS MONTHLY, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TEXAS MONTHLY, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold TEXAS MONTHLY, Emmis Communications and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

INTERNATIONAL USE

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. TEXAS MONTHLY makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

CHOICE OF LAW

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

INTEGRATION AND SEVERABILITY

This Terms of Use constitutes the entire agreement between TEXAS MONTHLY and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

HEADINGS

Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.