Terms of Service

Terms of Service

Welcome to WinchesterMysteryHouse.com. This site (the “Site”) is maintained by Winchester Mystery House, LLC for your personal entertainment, information, education, and communication. Please feel free to browse the Site. Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING AND USING THE SITE. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.

Terms and Conditions

  1. Winchester Mystery House, LLC grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Winchester Mystery House, LLC and your use of this website may be terminated at any time.
  2. You may download material displayed on the Site only for your non-commercial, personal use, provided you do not delete or alter any of our copyright and other proprietary notices, or use downloaded material in any fashion that suggests to others that you are affiliated with or that you or your use is endorsed or approved by Winchester Mystery House, LLC. You also may not distribute, modify, transmit, reuse, re-post, or use the content of the Site, including the text, images, audio, and video, for public or commercial purposes without the written permission of Winchester Mystery House, LLC.
  3. This website is not intended for use by children under the age of 13.
  4. You should assume that everything you see or read on the Site is the property of Winchester Mystery House, LLC or its content suppliers, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Unless otherwise noted, content or any portion of the Site may not be copied, redistributed, used or published by you, except as provided in these Terms and Conditions without the written permission of Winchester Mystery House, LLC.
  5. While Winchester Mystery House, LLC uses reasonable efforts to include accurate and up to date information in the Site, Winchester Mystery House, LLC makes no warranties or representations as to the accuracy of information on the Site. Winchester Mystery House, LLC assumes no liability or responsibility for any errors or omissions in the content of the Site.
  6. Your use of and browsing in the Site are at your risk. Neither Winchester Mystery House, LLC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Winchester Mystery House, LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
  7. While Winchester Mystery House, LLC uses reasonable efforts to include accurate and up to date information in the Site, Winchester Mystery House, LLC makes no warranties or representations as to the accuracy of information on the Site. Winchester Mystery House, LLC assumes no liability or responsibility for any errors or omissions in the content of the Site.
  8. Your use of and browsing in the Site are at your risk. Neither Winchester Mystery House, LLC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Winchester Mystery House, LLC assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
  9. While we are always happy to hear from you, it is the policy of Winchester Mystery House, LLC not to accept unsolicited materials, or consider creative materials, ideas, or suggestions other than those we specifically request. This policy is necessary for administrative reasons, and to avoid any misunderstandings if your ideas are similar to those we have developed independently. Accordingly, please do not send to us any original creative materials such as screenplays, stories, original artwork, etc.
  10. You agree that any communication or material you do transmit or post to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. You further agree that anything you transmit or post, including without limitation any text, graphics, art, processes, characters, stories, music, lyrics, or other information or materials (the “Submittals”) will be the property of Winchester Mystery House, LLC, without obligation or restriction, and may be used by Winchester Mystery House, LLC or its affiliates for any purpose, including, but not limited to, reproduction, modification, creation of derivative works, performance, display, disclosure, transmission, publication, broadcast and posting (“Use”). Furthermore, Winchester Mystery House, LLC is free to use, modify any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products for itself or others (“Development”). You release Winchester Mystery House, LLC and its affiliates from all claims and liability arising from the Use or Development of any Submittals.
  11. Images displayed on the Site are either the property of Winchester Mystery House, LLC or used with the permission of the owners of such images. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  12. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Winchester Mystery House, LLC and other respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Winchester Mystery House, LLC or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Winchester Mystery House will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
  13. Winchester Mystery House has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
  14. Although Winchester Mystery House, LLC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Winchester Mystery House, LLC is under no obligation to do so and assumes no responsibility or liability arising from the content of any such material whether posted to the Site or linked from other locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information.
  15. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Winchester Mystery House, LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Winchester Mystery House, LLC to disclose the identity of anyone posting any such information or materials.
  16. You agree to indemnify, defend and hold Winchester Mystery House, LLC and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Winchester Mystery House, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Winchester Mystery House, LLC in the defense of such claim.
  17. The Site is controlled and operated by Winchester Mystery House, LLC from its offices within the State of California, United States of America. Winchester Mystery House, LLC makes no representation that the materials or content of the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
  18. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • 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 copyright owner’s behalf.If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

    Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:

    By Mail:
    Winchester Mystery House
    CONSUMER FEEDBACK
    525 S. Winchester Blvd.
    San Jose, CA 95128

    By Phone:
    (408) 247-2000

    By E-mail:
    publicrelations@winchestermysteryhouse.com

  19. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Winchester Mystery House, LLC bring to enforce this agreement or in connection with any matters related to this site shall be brought only in either the State or Federal courts located in Santa Clara County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
  20. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  21. A Special Note about Spirits and Ghosts: The stories, reports, pictures, and other information and evidence posted or linked to the Site by others regarding the presence or absence of spirits, ghosts and paranormal phenomena are the views, opinions and information of others, and are not those of Winchester Mystery House, LLC. Winchester Mystery House, LLC neither confirms nor denies such reports.
  22. Winchester Mystery House, LLC may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

Last Modified 9/20/2015