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Pittsburgh Quarterly Terms of Use

Last Updated: Tuesday, 22 March 2016 11:03

These Terms of Use apply with respect to your access and/​or use of www​.pitts​burghquar​terly​.com, as well as any mobile application/​s or digitally delivered products or services of Bending Oak Publishing LLC and/​or Pittsburgh Quarterly. All of such services are hereinafter collectively referred to as the “Services”). The following is important information regarding this Site, our copyright to its contents and the terms for your use of the Site as a visitor to or registered member of the pitts​burghquar​terly​.com community. These Terms of Use govern your use of the Site. Registration and certain other information submitted by you are subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see our full Privacy Policy at www​.pitts​burghquar​terly​.com. You understand that through your use of this Site, you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, including the transfer of this information for storage, processing and use by pitts​burghquar​terly​.com By using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site and update the “Last Updated” date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.

Your Limited Right to Use Site Materials. This Site and all the materials available on the Site are the property of us and/​or our contributors, affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or those of our affiliates or licensors or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/​or print one copy of individual pages of the Site for your personal, non-​commercial use, provided that you keep intact all copyright and other proprietary notices.

Our Right to Use Materials You Submit or Post. When you submit or post any material (including any photos or videos) via the Site, you grant us, and anyone authorized by us, a royalty-​free, perpetual, irrevocable, non-​exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/​or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-​mail address or screen name, as we deem appropriate. Pittsburgh Quarterly has no obligation of any kind with respect to such content, materials or information and is free to reproduce, use, disclose and distribute any portion of the submissions, including any ideas or information contained in the submissions for any purpose whatsoever. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

Limitations on Linking and Framing. You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by Pittsburgh Quarterly, pitts​burghquar​terly​.com or Bending Oak Publishing LLC. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.

Site Registration Process. To access certain features of our Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-​up for a particular feature of the Site, such as discussion forums, blogs, photo– and video-​sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and e-​mail address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Responsibility for Your User Name and Password. To use certain features of our Site, you may need a user name and password, which you will receive through the Site’s registration process or through your purchase of a digital subscription. We reserve the right to reject or terminate the use of any user name that we deem offensive or inappropriate. It is a violation of these Terms of Use to share this user name or password with any other person. In addition, we also reserve the right to terminate the use of any user name or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you 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 protect your password or account information.

Online Commerce. Certain sections of this Site may allow you to purchase different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on our Site, or on a third-​party website that you have accessed via a link on our Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/​or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates, arising from your purchase or use of any products or services made available by third parties through the Site.

Responsibility for User-​Provided Content. This Site may include a variety of features, such as discussion forums, blogs, photo– and video-​sharing pages, e-​mail services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and e-​mail services, which allow users to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules (described below); (ii) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, (iv) that you are 13 years of age or older; (v) that the materials will not violate the rights of, or cause injury to, any person or entity; and (vi) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by you or by others using your username and password. You also grant us a license to use the materials you post or submit via such features, as described above under the header “Rights and Restrictions Relating to Site Content.”

Responsibility for what is posted on discussion forums, blogs, photo– and video-​sharing pages, and other areas on the Site through which users can supply information or material, or sent via any e-​mail services that are made available via the Site, lies with each user — you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Site.

You understand that we have no obligation to monitor any discussion forums, blogs, photo– or video-​sharing pages, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/​or refuse to accept any content that in our judgment violates these Terms of Use or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; © respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of our Site, us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/​or the public.

Community Rules. This Site may include a variety of features, such as discussion forums, blogs, photo– and video-​sharing pages, e-​mail services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site. This Site also may include other features, such as personalized home pages and e-​mail services, which allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not:

  • Restrict or inhibit any other user from using and enjoying the Site;
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site;
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site;
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component;
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
  • Gather for marketing purposes any e-​mail addresses or other personal information that has been posted by other users of the Site;
  • Contact anyone who has asked not to be contacted
  • Gather for the purpose of spamming e-​mail addresses that have been posted by other users of the Site or otherwise engage in any acts that would constitute a violation of the CAN-​SPAM Act of 2003, 15 U.S.C. §7701, et seq., or any state law prohibiting or regulating unsolicited commercial e-​mails.
  • Engage in personal attacks, harass or threaten, question the motives behind others’ posts or comments, deliberately inflame or disrupt the conversation, or air personal grievances about other users;
  • Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • Take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Site (such as submitting an excessive number of messages — i.e. a flooding attack), or that otherwise negatively affects other users’ ability to use the Site and/​or services; or
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Site. Exception is made for Internet search engines (e.g., Google) and non-​commercial public archives (e.g., archive​.org) that comply with our Terms of Use.

We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Community Rules or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Pittsburgh Quarterly, 1140 Fox Chapel Road, Pittsburgh, Pa. 15238, Attn: Editor, or by email to . Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-​mail address; (4) a statement by you indicating that you have a good-​faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.

RSS, wireless and other feeds from this Site (“Feeds”) are provided solely to allow individuals to view excerpts from the Site within newsreaders, RSS-​enabled web browsers, wireless devices or other methods for their personal, noncommercial use. The Feeds are content of Pittsburgh Quarterly and are protected by U.S. and international copyright laws and our Terms of Use.

If you display one or more of the Site’s Feeds on your personal web site or personal blog, you must display the Pittsburgh Quarterly logo that is included in the Feed or otherwise state that the information is provided by the Pittsburgh Quarterly. Information within the Feed(s) may not be changed, deleted or redistributed. Feeds from this Site may not be used on personal web sites or blogs that have advertising content appearing on the same page(s) as the Feeds.

A business or organization that wishes to distribute the Site’s Feeds on a web site, blog or other digital publication must first contact Pittsburgh Quarterly and receive permission, by emailing us at

Pittsburgh Quarterly reserves the right to disable, change or discontinue Feeds at any time, as well as the right to require any person, business or organization to cease the display of our Feeds at any time and for any reason. Pittsburgh Quarterly does not accept any liability for its Feeds. Use of the Feeds does not imply that Pittsburgh Quarterly endorses, promotes or supports any third-​party organization, cause, product or service.

Site Copyright. All copyright rights to this Site, including rights to the work and designs provided by Pittsburgh Quarterly and compilations of listings materials organized for this Site, are owned by Bending Oak Publishing LLC Copyrighted © 2006 through 2016. All rights reserved. You cannot re-​transmit, print or photocopy the materials on this Site for re-​distribution in any medium without the written permission of Pittsburgh Quarterly and Bending Oak Publishing LLC.

Disclaimers. Throughout our Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-​party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-​PARTY 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 AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-​FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT 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 SITE OR MATERIALS ON THIS SITE OR ON THIRD-​PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/​or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/​or software.

Your interactions with companies, organizations and/​or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/​or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/​or our Site.

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE, OR OUR SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-​PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification. You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Site, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Suspension and Termination of Access. You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-​party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/​or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Notice of Modification/​Changes at Will. This Site is provided as a service to its visitors. Pittsburgh Quarterly reserves the right to delete, modify or supplement the content of this Site, or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. Pittsburgh Quarterly reserves the right to terminate operation of this Site entirely at any time for any reason without prior notice. In addition, Pittsburgh Quarterly may update and modify these Terms of Use at any time by posting such updates and/​or modifications to this Site and any further use of this Site is subject to such updated and/​or modified Terms of Use. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

Other. These Terms of Use, and the Privacy Policy incorporated herein by this reference, constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms of Use and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-​party terms and conditions and these Terms of Use, these Terms of Use will govern. These Terms of Use will be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. These Terms of Use are personal to you and you may not assign it to anyone. If any provision of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.