Terms of Use

OPEN ROAD 

TERMS AND CONDITIONS

Welcome to Open Road.  These Terms and Conditions are between you and OpenRoad Integrated Media, LLC concerning your use of the website located at www.openroadmedia.com (the "Web Site").

Please read this page carefully. By using the Web Site, you agree to be bound by all of the terms and conditions set forth below. If you do not accept these Terms and Conditions, please do not use the Web Site. 

USE OF THE WEB SITE

This Web Site is provided for your informational use only.  You may use this Web Site only for your personal purposes and subject to these Terms and Conditions and all applicable laws, rules and regulations.  You may not use this Web Site for commercial purposes without the prior written approval of Open Road.  Open Road authorizes you to view and download a single copy of the Web Site for your personal use. You agree to retain all copyright and other proprietary notices contained in the Web Site on any copy you make of such material.   You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web Site.  You may not resell use of, or access to, the Web Site to any third party without our prior written consent.  

OUR PROPRIETARY RIGHTS

Open Road or its licensors are the exclusive owners of all content, software, images, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Web Site.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms and Conditions are reserved by Open Road.

UNSOLICITED CONTRIBUTIONS

Open Road does not accept any unsolicited ideas from users, including without limitation suggestions about books, themes, stories or other ideas or content. Therefore, you must not submit any such unsolicited materials.  If, notwithstanding this policy, you submit an unsolicited idea or content to us, you understand and acknowledge that such idea or content is not submitted in confidence and we assume no obligation, expressed or implied, by considering it.  You agree to waive any claim against Open Road or its assignees regarding misappropriation of your ideas or content submitted in violation of this paragraph.

PRIVACY

The privacy of your personally identifiable information is very important to us.  For more information on what information we collect and how we use such information, please read our Privacy Policy.

NO WARRANTIES

THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten dollars ($10).

INDEMNITY

You agree to defend, indemnify and hold harmless Open Road, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms and Conditions or (ii) a violation by you of applicable law, third party rights or any agreement or terms with a third party to which you are subject.  

GOVERNING LAW

The laws of the State of New York shall govern these Terms and Conditions.  YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.  

CONTACT INFORMATION

Should you have any questions you may contact us at marketing@openroadmedia.com

EFFECTIVE DATE

These Terms and Conditions were last updated on April 27, 2011