Welcome to The Always Open House® web site (the "Site"). Please scroll down to read the following Terms of Use carefully and completely, before using the Site.
1. Agreement to Terms of Use.
Use of the Site signifies your agreement to these Terms of Use. If you do not agree to the Terms of Use, please do not use the Site. Mighty Pretty Media, LLC reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Use at any time. Such modifications shall be effective immediately upon posting. Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes.
2. Ownership.
This Site is owned and operated by Mighty Pretty Media, LLC. The contents of this Site are protected by United States copyright and trademark law, international conventions and other applicable laws. All materials contained in the Site, including but not limited to text, images, illustrations, audio clips and video clips, are protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and/or licensed by Mighty Pretty Media, LLC, or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Mighty Pretty Media, LLC. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. The Always Open House® and all logos, characters, artwork, video, information, names, and other elements associated thereto are the sole and exclusive property of Mighty Pretty Media, LLC. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent from Mighty Pretty Media, LLC, is expressly prohibited. The creation of derivative works based on the materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. You may download one copy of the materials on any single computer for your personal use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Mighty Pretty Media’s copyright and other proprietary rights.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party's use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, computer system or network connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
3. Links.
This Site contains links to other Internet sites solely as a convenience to users. Mighty Pretty Media, LLC does not control or endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Mighty Pretty Media, LLC makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user’s own risk.
4. Communications.
You agree that your activities on the Site (including without limitation submission of any Messages or email) will not:
a. infringe Mighty Pretty Media, LLC or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Messages, you represent to Mighty Pretty Media, LLC that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);
b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for Mighty Pretty Media, LLC or cause Mighty Pretty Media, LLC to lose (in whole or in part) the services of our ISPs or other suppliers;
c. transmit content Mighty Pretty Media, LLC considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;
d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
e. unless specifically authorized by us, link directly or indirectly to any sites that violate the restrictions set forth in these Terms of Use.
f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Site in any way; or
g. are libelous, or an invasion of privacy or publicity rights or any other third party rights.
5. Disclaimer of Warranties.
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIGHTY PRETTY MEDIA, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER MIGHTY PRETTY MEDIA, LLC, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. MIGHTY PRETTY MEDIA, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MIGHTY PRETTY MEDIA, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MIGHTY PRETTY MEDIA, LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH MIGHTY PRETTY MEDIA, LLC, EVEN IF MIGHTY PRETTY MEDIA, LLC OR OUR AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MIGHTY PRETTY MEDIA, LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR TWENTY DOLLARS, WHICHEVER IS GREATER.
7. Indemnification.
You agree to indemnify, defend, and hold harmless Mighty Pretty Media, LLC, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.
8. Termination.
You agree that Mighty Pretty Media, LLC, in its sole discretion, may terminate, remove and discard all or any part of the Site, for any reason whatsoever. Mighty Pretty Media, LLC may also in their sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and you agree that Mighty Pretty Media, LLC shall not be liable to you or any third-party for any such termination.
9. International Matters.
Unless otherwise specified, the materials in the Site are presented solely for your convenience and/or information. The Always Open House and this Site are controlled and operated by Mighty Pretty Media, LLC from United States offices in California. Mighty Pretty Media, LLC makes no representation that content in its Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Miscellaneous.
These Terms of Use may not be transferred or assigned by you but may be assigned by Mighty Pretty Media, LLC without restriction. We may give notice to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address on our records, or by written communication sent by first-class mail to a user’s address on our records. The failure of Mighty Pretty Media, LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California. If any provision of these Terms of Use shall be unlawful, null and void, or for any reason invalid or unenforceable, then the remaining provisions shall remain in and have the full force and effect of the law. Upon any dispute under or relating to these terms of use, the breach thereof, or any claims arising from or related to Mighty Pretty Media, LLC, this Site or its Terms of Use, you agree that the matter shall be submitted for arbitration before a single arbitrator to the Better Business Bureau in Los Angeles, California, in accordance with the then prevailing rules of that association. It is further agreed that such arbitration shall take place in Los Angeles, California.