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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 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 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 or other content on the Site. The use of Our Content or other content on the Site on any other website 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.
"Submissions" means all (1) comments, feedback, suggestions, email, 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 materials; (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 intellectual 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 harmless us, our parent company and our affiliated entities (including our officers, directors, owners, agents, and employees) 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, email, 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.
Our Site is not owned by, or affiliated with, any sportsbook, online casino, or daily fantasy sports site. It is wholly owned by Lee Enterprises, Incorporated.
However, our Site does draw financial support from advertising relationships with various third-party regulated gaming and gambling websites. In some cases, we may receive a commission or other financial compensation on a cost-per-acquisition fixed rate when you visit a gambling website via a link, contained in sponsored content or otherwise, on our Site and make a purchase.
The editorial independence of the news that you consume through the Site is important to us. Our financial relationship with advertisers does not influence the news on our Site.
Sponsored content on our Site may have been created, in whole or in part, by our advertising partners. Our news and editorial departments have no role in the creation or display of sponsored content from our advertising partners.
Fair Housing Act
In accordance with the federal Fair Housing Act, we do not accept for publication any real estate listing that indicates any preference, limitation, or discrimination based on race, ethnicity, color, religion, sex, sexual orientation, gender identity, disability, family status, or national origin. The federal Fair Housing Act prohibits real estate advertisements that indicate any preference, limitation, or discrimination because of race, ethnicity, color, religion, sex, sexual orientation, gender identity, disability, familial status, or national origin.
If you believe a real estate advertisement on this website states such a preference, limitation, or discrimination, please contact us. For further information on the Fair Housing Act, see https://portal.hud.gov/.
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.
The Omaha World-Herald is a Lee Enterprises Newspaper and is published daily. USPS: 68102. Postmaster send address changes to 1314 Douglas St., Suite 1500, Omaha, NE, 68102. Periodical postage paid at Omaha.
The subscription price includes all applicable sales tax and a charge for the convenience of having the paper delivered. To avoid delivery charges, call 800-234-6942 to arrange pickup of your paper at a local office. A nonrefundable account setup fee will be charged to qualifying new starts. We reserve the right to change your subscription rate at any time. Contact at 800-234-6942 or email firstname.lastname@example.org for additional information.
All subscription offers available at omaha.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 delivery and billing will continue beyond the initial order period unless you cancel your subscription as detailed in the next paragraph. Rates may change after introductory offer period. There is a non-refundable one-time account set up fee of $6.99 for all new subscribers.
Auto-Renewal, Cancellation, Refund, and Subscription Renewal Policy
If you register for EZ Pay or debit banking (ACH) payments, your Digital Only or Print + Digital subscription service (your “Subscription”) will automatically renew. 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 BY EMAILING US WITH THE SUBJECT LINE “CANCEL” AT email@example.com OR CALLING US AT 800-234-6942.
Prior to the Cancellation Date, we will send you a notice reminding you about the renewal of your Subscription. Subscribers who prefer to receive paper renewal notices in the mail will be charged $4.99 for each renewal notice; this fee is waived for subscribers who sign up to receive their renewal notices via email. If you wish to receive renewal notices via email, please contact us at firstname.lastname@example.org or call 800-234-6942.
IF YOU DO NOT AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION BEFORE YOUR CANCELLATION DATE, YOU WILL BE CHARGED FOR AN ADDITIONAL TERM FOR THE SUBSCRIPTION 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.
We reserve the right to change your Subscription rate at the next renewal period. If you are not satisfied with your Subscription rate or service, you may cancel your Subscription at any time. No refunds will be returned if remainder of the Subscription term is under thirty (30) days. The refund amount of any balance over $25.00 will be returned minus an early termination fee of $25.00. No refunds for Digital Only subscriptions are provided.
Print subscribers get the benefit of newspaper home delivery and digital access. Therefore, if you register for a subscription plan, you are subject to the Auto-Renewal, Cancellation, Refund and Paper Renewal Policy described above, as well as the additional terms and conditions set forth below.
All Subscriptions include unlimited digital access, but there may be links to content on other websites owned by our parent company that can be accessed only through an additional paywall. In such cases, your Subscription to content behind a separate paywall will be governed by any additional terms that are associated therewith. To access these benefits, you must first provide your email address, register with omaha.com/services, and activate your account online. To activate your digital account visit omaha.com/activate.
You can manage your account at omaha.com/services
Vacation holds up to thirty (30) days will continue to bill at regular rate while full digital access is maintained, and you may request a vacation pack (print copies of the newspapers held and delivered upon return) of up to thirty (30) days. Extended vacations of thirty-one (31) days or more will not incur charges and all Subscription benefits will be suspended during that time.
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 REPRESENTATIONS AND 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 MAKES 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 REPRESENTATIONS OR 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 BUT NOT LIMITED TO 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:
Copyright Agent Lee Enterprises, Incorporated 4600 E 53rd St Davenport, IA 52807 email@example.com Facsimile: 563-327-2692
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 us at Complaints@Lee.Net and 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.