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
- 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.
- 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.
- This website is not intended for use by children under the age of 13.
- 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.
- 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.
- 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.
- While we are always happy to hear from you, it is the policy of Winchester Mystery House, LLC not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as screenplays, stories, original artwork, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post, including without limitation any text, graphics, art, processes, characters, stories, music, lyrics, or other information or materials (the “Submittals”) 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.
- Images of people or places displayed on the Site are either the property of, or used with permission by, Winchester Mystery House, LLC. 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
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. 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. 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. 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.
- By Mail:
Winchester Mystery House
525 S. Winchester Blvd.
San Jose, CA 95128
- By Phone: (408) 247-2000
- By e-mail: email@example.com
Last Modified 11/ 12/2009
If you have any further questions about our policies, please feel free to contact us.
- Types of Information Collected
- Personal Data
- Aggregate and Anonymous Data
- Disclosure to Affiliates
- Disclosure to Third Parties
- Disclosure to Others
1. Types of Information Collected:
Aggregate and Anonymous Data:
3.Our Use of Your Data:
We will use your Personal Data for the purposes for which it was provided. For example, if you provide Personal Data to register for a newsletter or a text messaging service, to enter a contest or a sweepstake, or to purchase goods or services, we will use it to register you for or provide you with those goods or services. We may also use your Personal Data to provide you with information about features, services and other offerings that may be of interest to you. We also may send information or offers to selected groups of Site users on behalf of other businesses. When we do this, we do not give those businesses your name or address. Under certain circumstances (for example if you win a contest) we may post your Personal Data on the Site. We will notify you of this possibility when you provide the Personal Data and, if possible, when the Personal Data is posted. Cookies and similar tools may be used to relate your use of the Site and AA Data to Personal Data obtained from you. If any AA Data is linked with Personal Data, the linked AA Data will then be treated as Personal Data.
We may also use Personal Data in aggregate form for purposes of research or analysis. In order to better understand and serve the users of the Site and Other Services, Winchester Mystery House often conducts research on its customer demographics, interests and behavior based on Personal Data we gather. Although this aggregated data may be based in part on Personal Data, it does not identify you personally and is treated as AA Data. Winchester Mystery House may share this type of AA Data with a variety of third parties, including its affiliates, agents, and current and prospective business partners. We may use AA Data collected from the Site for site administration, advertising and promotional purposes, and we may share such information with various affiliated and unaffiliated entities for such purposes. For example, IP addresses are used for the purposes of system administration and to provide AA Data to advertisers about the volume of use on the Site, and Clickstream Data and demographic AA Data may be shared with our advertisers and business partners. We may also enter into agreements with outside companies that possess technology that allows the Site to customize the advertising and marketing messages you receive on the Site. This data (including Clickstream Data about your activities on our Site) may be shared with these companies for this purpose.
4. Disclosure of Personal Data: Disclosure to Affiliates:
We reserve the right to share Personal Data with our affiliates. If you do not want us to share your Personal Data with our affiliated companies for their marketing purposes, you may opt-out of such sharing by contacting us at firstname.lastname@example.org
(see "Your Choices" below).
Disclosure to Third Parties:
Winchester Mystery House, like many businesses, sometimes hires other companies to perform certain business-related functions on our behalf such as hosting specific portions of the Site, maintaining databases, administering contests, providing wireless services, mailing information and processing payments. When we employ a third party to perform these functions, that third party will only be provided with the particular Personal Data it needs to perform its function, and is required to protect the Personal Data. For third-party sponsored sweepstakes, contests or promotions, we may request Personal Data from you that may be shared with the sponsor upon request.
Disclosure to Others:
5. Third-Party Advertising and Links to Other Sites:
6. Your Choices:
You can use the Site and certain Other Services without providing any Personal Data, but if you decline to provide Personal Data, you may not be able to use certain services or features. If you have previously provided Personal Data to the Site and have subscribed to one or more email newsletters or are receiving emails or other communications from the Site and you do not want to receive such emails, please discontinue your subscriptions by selecting the "unsubscribe" link at the bottom of any message, visiting the Unsubscribe section of the Site or contacting us at email@example.com
. You may opt-out of receiving offers from us by adjusting your Site preferences at our Unsubscribe link on this page. If you ask that we stop using your Personal Data, we will honor that request. However we will retain records of your Personal Data as needed in order to comply with applicable federal, state, or local law.
7. Access and Correction:
If you would like to review, correct or change the Personal Data that you have previously provided us, please contact us at firstname.lastname@example.org
We will take reasonable steps to update or correct Personal Data in our possession.
8. Children and Privacy:
We encourage parents and guardians to spend time with their children online and to be fully familiar with the sites visited by their children. At various places on the Site or Other Services, we may ask users for their age. By using the Site or Other Services you agree to respond truthfully and accurately about your age. Children under the age of 13 years of age are expressly prohibited from submitting or posting any Personal Data on the Site or Other Services.
9. Message Boards, Chat Rooms, Blogs and Other User Forums:
Please remember that information posted to message boards, chat rooms, blogs and other user forums becomes public information. Use caution when posting. Individuals under the age of 18 should be especially careful not to provide any personally identifiable information when participating in any area of the Site where postings might become public. Please see our Terms of Service for the standards of behavior that must be followed when using these portions of the Site or Other Services.
10. Data Security Disclaimer:
Winchester Mystery House takes reasonable security precautions to secure the Personal Data that you choose to provide against the loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Winchester Mystery House to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Data, we cannot ensure or warrant the security of any Personal Data you transmit to us. Any such transmission is done at your own risk. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at email@example.com
12. Other Terms and Conditions:
Your access to and use of this Site or Other Services is subject to the Terms of Service.
13. Applicable Law:
We control and operate this Site from the United States. The Site is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Site is appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own initiative and are responsible for complying with all local laws, rules and regulations.
15. Contacting Winchester Mystery House, LLC Regarding Your Privacy:
, or at the address listed below.
SHIPPING AND RETURNS
14 Day Return Period
Unwashed, unworn, or defective merchandise may be returned within fourteen days from the date merchandise was received. Item(s) must be returned in condition received with all tags intact or merchandise will be returned to the sender. **All sales final on sale item(s).
Refunds will be credited to original credit card only. Shipping is not refundable.
Shipping Fee Refund
Return shipping charges will only be refunded due to discrepancies and errors of Winchester Mystery House or House of Winchester Online Shops. We will only refund up to the price of "standard ground/economy" shipping.
Missing Item or Damaged Product Fee
Additional fees, up to 15% cost of product, will be charged for any product missing the original box, content, accessories, etc. All products need to be returned in original sellable condition.
Retail Stores & Authorized Dealers
Items purchased from Winchester Mystery House or House of Winchester Retail stores or any authorized dealers must be returned to the place of purchase.
To contact customer service for questions email us at: firstname.lastname@example.org
Customer service operates Monday to Friday from 10am - 5pm PST.
- A Return Authorization number (RA#) and return form must be obtained from customer service for all returns. The RA# must be written on the outside of the packaging. If RA# is not visible or provided, package may get misdirected or returned back to you.
- On the packing slip, circle the item(s) being returned. Please indicate the reason for return.
- Pack merchandise securely. If you do not have the original packing slip, please include the following information with your return: bill-to name, address and phone number; ship-to name, address and phone number; order number; reason for return.
- Send return to the following address:
Winchester Mystery House Fulfillment Attn: Online Web Department 630 The City Drive #100 Orange, CA 92868
All returns are recommended to be sent via a traceable carrier such as USPS (with delivery confirmation), UPS or FedEx. Winchester Mystery House and House of Winchester Shops are not responsible for packages not received if sent via a non-traceable carrier. Returns must be shipped prepaid. We do not accept C.O.D deliveries.
Returns may take up to two weeks to process and at least one billing cycle for the credit to appear on your credit card statement.
Winchester Mystery House
525 S. Winchester Blvd.
San Jose, CA 95128
Last Modified on 11/16/2009
Wander through 110 of the 160 rooms of this Victorian mansion, designed and built by the Winchester Rifle heiress. Tour the estate daily.
Keep up to date on all the happenings, worldly and otherwise, only with the exclusive "13th Hour" newsletter.
Stephen King's 2002 thriller "Rose Red" was based on Sarah Winchester's world famous San Jose home.