Open Road Integrated Media, Inc. (“Open Road Media”) is a digital publisher and multimedia content company that publishes and markets ebooks by creating connections between authors and their audiences through a new proprietary online platform.
Please read this page carefully. By accessing or using Open Road Media’s websites, applications, and/or digital services (together, the “Service”), via computer, mobile device or otherwise, you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use apply to all visitors, users and others who use or access the Service (“Users”), whether or not such Users have registered for an account with the Service. If you do not accept these Terms of Use, you may not use or access the Service.
There may be times when Open Road Media offers a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
USE OF THE SERVICE
You may use the Service only for your personal purposes and subject to these Terms of Use and all applicable laws, rules and regulations. You may not use the Service for commercial purposes without the prior written approval of Open Road Media or for any purpose that is unlawful or prohibited by these Terms of Use.
In addition to other specific prohibitions set forth in these Terms of Use, Users are prohibited from engaging in the following activities:
• Reselling use of, or access to, the Service to any third party.
• Using spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service.
• Removing copyright, trademark or other proprietary notices from content made available on or accessed through the Service.
• Defaming, harassing, threatening, or intimidating people or entities through the Service.
• Posting another individual’s private or confidential information on the Service.
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity or otherwise engaging in fraudulent conduct.
• Interfering with the proper working of the Service.
You agree that Open Road Media may immediately terminate your access to the Service if you violate these Terms of Use or if we determine, in our sole discretion, that your use of the Service is objectionable or is contrary to the intended purposes of the Service. Without limiting the foregoing, it is our policy to terminate access to the Service for any User who repeatedly violates these Terms of Use or any third-party rights.
REGISTRATION
In order to access certain features of the Service (e.g., discussion groups, posting comments and other content, making purchases, and accessing certain content), you will need to register with the Service and create a “Member” account. You are responsible for keeping the email address associated with your Member account current, and keeping your password confidential and secured. You may change the settings on your Member account to control your Member profile and how other members communicate with you. By providing Open Road Media with your email address you consent to our using your email address to send you Service-related notices, including any notices required by law, and such other uses as are specifically permitted in our Privacy Policy. You accept full responsibility for any and all activities that occur within your Member account.
OUR PROPRIETARY RIGHTS
Open Road Media and its licensors are the exclusive owners of all content made available on or accessible through the Service, including but not limited to software, images, text, videos, designs, ebooks, and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any of such materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Open Road Media.
DIGITAL CONTENT
Open Road Media may offer Users the ability to purchase or download digital content, such as ebooks, directly through the Service (the “Digital Content”). Open Road Media grants you a limited, non-exclusive, revocable license to access and have personal, non-commercial use of such Digital Content in accordance with these Terms of Use. You agree and acknowledge that there may be separate end user license agreements that you may need to accept in connection with the use or installation of third party electronic reading devices, hardware or software in order to access such Digital Content. Your failure to accept and agree to the terms of those agreements may prevent, restrict or limit your ability to use the Digital Content.
For your convenience, we also provide links to other third-party websites, applications and services that offer Users the ability to purchase or download digital content. These websites, applications and services are not owned or controlled by Open Road Media, and these Terms of Use do not apply to any digital content accessed through these third-party websites, applications and services.
ACCURACY OF SERVICE INFORMATION
We are not responsible if information on the Service is not accurate, complete or correct. The material on the Service should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Any reliance on the material on the Service is at your own risk. The Service may contain historical information, which historical information necessarily is not current and is provided for your reference only. The Service may also contain information provided by third parties, and the opinions and views of third parties. We are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of Open Road Media and are not endorsed by Open Road Media. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on the Service. You agree that it is your responsibility to monitor changes to the Service.
USER CONTENT
Certain features of the Service permit Users to submit, link to, or otherwise make available (hereinafter “post”) content, including without limitation reviews, comments, photographs, information, and other materials (“User Content”). By posting any User Content on the Service, you expressly grant Open Road Media and its agents the royalty-free, perpetual, irrevocable, non-exclusive, transferable worldwide right and license to use, reproduce, reformat, translate, sublicense, copy, modify, delete, enhance, display, archive, publish, perform, disclose, transmit, broadcast, post, create derivative works of, and distribute such User Content, together with your name, image, photograph, likeness, and other identifying information as contained in the User Content, in whole or in part, and/or to incorporate such User Content in other works, in any form, media, or technology now known or hereafter developed for any purposes in our sole discretion. Subject to this grant, you retain any and all rights which may exist in such User Content.
All User Content must comply with these Terms of Use and any additional guidelines posted on the Service. User Content does not represent the views of Open Road Media or any individual associated with Open Road Media, and we do not control this content. You are not authorized to represent or suggest, directly or indirectly, Open Road Media’s endorsement of any User Content. You agree that you are solely and fully responsible for any User Content that you post and you warrant that any User Content that you post is your original work, represents your own thoughts and ideas and does not and will not infringe, violate or otherwise misappropriate third party rights of any kind, including without limitation any intellectual property rights or any rights of privacy or publicity.
Open Road Media takes no responsibility and assumes no liability for any User Content that you or any User or other third party posts on or in connection with the Service. You understand and agree that any loss or damage of any kind which occurs as a result of the use of any User Content that you send, upload, download, post, stream, transmit, display or otherwise make available or access through your use of the Service, is solely your responsibility. Through your use of the Service, you may be exposed to User Content that you may find objectionable, offensive, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Service, you assume all associated risks.
UNSOLICITED CONTRIBUTIONS
Except as expressly provided for in these Terms of Use, Open Road Media 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 or using it. You agree to waive any claim against Open Road Media or its assignees regarding misappropriation of your ideas or content submitted in violation of this paragraph.
LINKS
The Service may contain links to third-party websites, applications and services that are not owned or controlled by Open Road Media. These links are provided as a convenience to you. We do not endorse or assume any responsibility for any such websites, applications or any products or services that may be offered through other websites. These Terms of Use do not apply to any third-party website, application or service. If you access any third-party website, application or service from the Service, you do so at your own risk, and you agree that Open Road Media shall have no liability arising from your use of or access to any such third-party website, application or service.
MOBILE
The Service may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications and other materials to your mobile phone or access Service features (collectively, the “Mobile Features”). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. Instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. Typically, you will text a keyword (e.g., “STOP”) to the applicable shortcode for the Mobile Feature.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Open Road Media. Further, we may collect information related to your use of the Mobile Features consistent with the terms of our Privacy Policy. If you have registered for Mobile Features, you agree to notify Open Road Media of any changes to your mobile number and update your account(s) on the Service to reflect this change.
COPYRIGHT INFRINGEMENT
Open Road Media respects the intellectual property of others and has a policy that provides for the termination in appropriate circumstances of Users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), please provide us with the following information in writing:
i. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Open Road Media to locate the material;
iv. Information reasonably sufficient to permit Open Road Media to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
v. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law; and
vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
The above information should be submitted to Open Road Media’s designated agent for claims of copyright infringement:
Title: SVP – Marketing
Attention: DMCA Claim
Address: Open Road Integrated Media, Inc.
180 Maiden Lane, Suite 8A
New York, NY 10038
E-mail: privacy@openroadmedia.com
Please note that this procedure and contact information is exclusively for notifying Open Road Media that your copyrighted material may have been infringed. The above requirements are intended to comply with our obligations under the DMCA, including 17 U.S.C. Section 512(c), but do not constitute legal advice.
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 and disclose such information, please read our Privacy Policy.
NO WARRANTIES
THE SERVICE, INCLUDING WITHOUT LIMITATION ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, MERCHANTABILITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, OR PERSONAL INJURY/WRONGFUL DEATH) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) ANY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE; (C) ANY USER CONTENT; (D) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (E) ANY CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (F) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IF ANY PART OF THE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IN THESE TERMS OF USE 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 ($10.00).
INDEMNITY
You agree to defend, indemnify and hold harmless Open Road Media, 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 out of or in connection with any of the following: (a) your breach of these Terms of Use; (b) your User Content or your access to or use of the Service; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right, or any agreement or terms with a third party to which you are subject; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (e) any misrepresentation made by you. You will cooperate as fully required by Open Road Media in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not in any event settle any claim without our prior written consent.
GOVERNING LAW
Open Road Media is organized under the laws of the State of Delaware in the United States of America, and the Service is operated in the United States. These Terms of Use and your use of the Service shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles. YOU HEREBY EXPRESSLY AND IRREVOCABLY 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 SERVICE.
We recognize that it is possible for you to obtain access to the Service from any jurisdiction in the world. The Service has been designed to comply with the laws of the State of New York and of the United States. If any material on the Service, or your use of the Service, is contrary to the laws of the location you are in when you access it, the Service is not intended for your use and you may not use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. In the event of any legal action arising from or relating to these Terms of Use or your use of the Service, you hereby waive the right to a jury trial.
CHANGES TO THESE TERMS OF USE
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the Service. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of the Service following the posting of changes to these terms or other policies means that you accept the changes.
CONTACT INFORMATION
Should you have any questions you may contact us at marketing@openroadmedia.com.
EFFECTIVE DATE
These Terms of Use are effective as of October 4, 2017.
