You are responsible for maintaining the confidentiality of any usernames or passwords for your access to this Site and you agree not to allow any other person or entity to use your usernames or passwords. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason.
USE OF THIS SITE
Our Intellectual Property
This Site and the content on the Site that we provide (“Our Content”) is owned by us and third party providers and is protected by U.S. and international copyright, trademark and other intellectual property laws. This Site and Our Content may not be copied, reproduced, republished, uploaded, posted, sold, leased, licensed, sublicensed, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of Our Content presented on this Site on a single computer for your personal, non-commercial use only. You are solely responsible for verifying the accuracy, completeness, and applicability of Our Content and for your use thereof. Except as set forth in these Term of Use, you are granted no licenses or rights in or to any of Our Content, or any intellectual property rights therein or related thereto. "Deep-linking," "embedding" or using analogous technology with respect to Our Content or other content on the Site is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or Our Content or other content on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in Our Content and other content on the Site The use of Our Content or other content on the Site on any other web site or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of Our Content or other content on the Site or incorporate into another website or other service any of our intellectual property.
Content Submitted by You ("Submissions")
"Submissions" means all (1) comments, feedback, suggestions, e-mail and similar information or materials you submit to us including comments to blogs, stories, and community forums, letters to the editor, manuscripts, articles, photographs, videos, artwork or any other material; (2) and any content, including photographs, videos, artwork, and comments, that you post to our social media properties (e.g., our Facebook page) or that you tag us in by using our social media handles (e.g., our Twitter or Instagram handle). With respect to each Submission, you represent and agree that:
• You are the author of the Submission or that you are making the Submission with the express permission of the author/owner;
• The Submission is free from restrictions on publication and does not infringe or violate any existing copyright or other property right that exists in favor of any other person or entity;
• You are granting us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, repost, and/or display such Submission, in whole or in part, in any manner or medium now known or hereafter developed;
• You automatically waive any claim that any use of such Submission violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way we use such Submission;
• You are responsible for the content of such Submission and acknowledge that third parties may hold you responsible for content related claims;
• You shall indemnify, defend and hold us, our parent company and our affiliated entities (including our officers, directors, owners, agents and employees) harmless from all liability and costs incurred in connection with any claim arising out of any breach by you of the above representations and warranties and for any claims related to such Submission; and
• We have the right to disclose any information related to such Submission that we believe necessary to comply with any law, regulation, or governmental request and provide information related to such Submission that could prevent or assist in the resolution of any criminal, illegal, or inappropriate activity.
• Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications;
• Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property;
• Use the Site to upload, post, e-mail, transmit or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights of any party;
• Use the Site to upload, post, email, transmit or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
• Post any information that is false, misleading or inaccurate or attempt to interfere with any other person's use of the Site;
• Use the Site in any manner that could damage, disable, overburden, or impair the Site;
• Use automated scripts to collect information from, or otherwise interact with, the Site;
• Monitor the availability, performance, or functionality of the Site;
• Interfere with the operation or hosting of the Site;
• Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting "pyramid" schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site;
• Hold yourself out as sponsored by, endorsed by, or affiliated with us;
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site; or,
To report a complaint, please use the Report Abuse button next to the content you wish to report.
Some areas of our Site may allow you to purchase items or services from us or from third parties. We are not responsible for any interactions between you and third parties or for the timeliness, accuracy, or quality of items purchased from them. You should review the practices and policies prior to purchasing items from third parties as their practices and policies may differ from ours. When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing. You are financially responsible for all purchases made by you or someone using your account.
Links to Other Sites
Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site). We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly.
All subscription offers available at http://www.stlpinchhits.com, including those advertised through our email promotions, on-site messaging, social media, and any external means of promotion, are valid for new subscribers only. You must not have been a subscriber in the past thirty (30) days to register for a new subscription offer. You understand that billing will continue beyond the initial order period unless you cancel your subscription as detailed in the next Section. Rates may change after introductory offer period.
Auto-Renewal, Cancellation, and Refund Policy
Your STL Pinch Hits subscription automatically renews each month or after each term you originally purchased. On the last day of your current term (your “Renewal Date”), your subscription will automatically renew for the same length of time, at the then-current subscription rate, which we may change in our discretion, unless you choose to cancel more than twenty-one (21) days before your Renewal Date (your “Cancellation Date”). YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT Stlpinchhits@bhmginc.com OR CALLING US AT 844-517-8885.
IF YOU DO NOT AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION BEFORE YOUR CANCELLATION DATE, YOU WILL BE CHARGED FOR AN ADDITIONAL TERM FOR THE PLAN YOU INITIALLY SELECTED AT THE RATES IN EFFECT AT THE TIME OF RENEWAL. If you have provided us with a valid credit card number or an alternate payment method saved in your account, and you have not cancelled by your Cancellation Date, your subscription will be automatically processed up to fourteen (14) days in advance of your Renewal Date, and the payment method you provided to us at or after the time of your initial subscription purchase will be charged.
If you cancel your subscription, the full amount of any balance over $5.00 will be returned. We do not provide refunds prorated for the remainder of the payment period for subscriptions.
TERMINATION AND SUSPENSION
EXCLUSION OF WARRANTY
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, OTHER WEBSITES, AND THIRD-PARTY SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE. OTHER WEBSITES, OR THIRD-PARTY SERVICES, OR THEIR RESPECTIVE CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE SITE, OTHER WEBSITES, OR THIRD-PARTY SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SAME.
LIMITATION OF LIABILITY
WE, AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR COLLECTIVE LIABILITY, INCLUDING THE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, CONTRACTORS, SUCCESSORS, AND ASSIGNS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
COPYRIGHT ACT AGENT
We respect the intellectual property rights of others and we prohibit users from posting to or through the Site or services any materials, content, or data that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright that you own has been posted on our Site without authorization you may send a written notification to our Designated Agent at:
Lee Enterprises, Incorporated
4600 E 53rd St
Davenport, IA 52807
In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
If you have any dispute with us, you and we agree that before taking any formal action, you will contact firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information (including your email address associated with your account, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue with you.
Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. The parties agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
There are only two exceptions to this agreement to arbitrate: (a) First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. (b) Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
Unless you and we agree otherwise and except for claims in small claims court, in the event that the agreement to arbitrate above is found not to apply to you or to a particular Covered Dispute Matter, either as a result of your decision to opt out of the agreement to arbitrate, or as a result of a decision by the arbitrator or a court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court presiding over Davenport, Iowa. You and we agree to submit to the exclusive personal jurisdiction and venue of the courts presiding over within Davenport, Iowa for the purpose of litigating all such claims or disputes.
BY AGREEING TO THIS AGREEMENT to ARBITRATE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A CLASS REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, EVEN IF ARBITRATION IS NOT REQUIRED HEREUNDER, AND (iii) TO A TRIAL BY JURY.