Introduction

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements.   "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.  "The Company", “Ourselves”, “We” and "Us", refers to our Company, Winans Imaginative.  “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These terms and conditions govern your use of this website www.winansimaginative.com.  By using our website, you agree to these terms and conditions in full.  If you do not accept or do not agree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1. License

Permission is granted to temporarily download one copy of the materials (information or software) on Winans Imaginative web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Winans Imaginative web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Winans Imaginative at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

2. Acceptable use

You must not use our website in any manner that is illegal, unlawful, fraudulent or harmful or in relation with any illegal, unlawful, fraudulent or harmful purpose or activity or in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website.

You must not use our website to copy, store, transmit, host, send,  use, publish or distribute any material which consists of or is affiliated to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software whatsoever.

Without our prior express written consent, you must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website.

You must not use our website to send or transmit unsolicited commercial communications.

You must not use our website for any objective related to marketing without our prior express written consent.

3. Restricted access

Access to particular areas of our website may be restricted.  At our discretion we reserve to the right to restrict access to areas of our website or our entire website.

Should we provide you with a User ID and password to enable you access to restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential.  At our discretion we may disable your User ID and password without notice or justification.

4. Use of Content from this Web site

Access to and use of text, artwork, photographs, audio, video and other files on the Web site are subject to the following terms and conditions:

All content is protected by copyright laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials are protected by copyright laws and may be covered by other restrictions as well.  We retain all rights, including copyright, in data, image, text, and any other information contained in these files.  Copyrights and other proprietary rights in the material on this Web site may also subsist in individuals and entities other than, and in addition to, Winans Imaginative.  We expressly prohibit the copying of any protected materials on the Web site, except for the purposes of fair use as defined in the copyright laws, and as described below.

Fair use is permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting.  Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from our web site for such uses are welcome to do so without our express permission.  Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL http://www.winansimaginative.com.

By downloading, printing, or otherwise using text, audio, video, image and other files from this Web site, whether accessed directly from this Web site or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate our or any other party’s proprietary rights.

Commercial use is restricted
Unauthorized publication or exploitation of our files is specifically prohibited.  Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission.  All requests to reproduce works of art from us should be addressed directly to tyetheshoe@gmail.com.

5. User generated content

In these terms and conditions, "your user content" is to be interpreted without limitation as being material including text, images, audio material, video material and audio-visual material that you submit to our website for whatever purpose.

You permit to us a global, irrevocable, non-exclusive, royalty-free license to use, reproduce, publish, adapt, translate and distribute your user content in any existing or future media.  You also permit to us the right to sub-license these rights and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful must not infringe upon any third party's legal rights, and must not be capable of giving rise to a legal action whether against you or us or a third party under any applicable law in each case.

You are not permitted to submit any user content to the website that is or has ever been the subject of any threatened pending or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on our website.

6. Warranties

While we try to ensure that the information on this website (excluding user content) is correct, we do not guarantee its correctness or completeness; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.  You agree that your use of our website shall be at your sole risk. 

We exclude all representations, warranties and conditions relating to this website and the use of this website including without limitation any warranties implied by law of a satisfactory quality fitness for purpose and/or the use of reasonable care and skill.

7. Limitation of liability

Nothing in these terms and conditions or elsewhere on our website shall exclude or limit our liability for fraud, death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under the appropriate law.

We assume 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 in this site or downloading of any materials from this site.

We make no representations about any technical information, advice, or report available on this site. Users should contact qualified personnel to review any information on the Web site to determine its efficacy and applicability before any use.  Placement of information on this site is not an endorsement or sponsorship of the creators or authors of the information. The display of trademark or logo does not constitute an endorsement of any person or any product or service offered by such person.

We do use chemicals in the making of some of our items.  We are not responsible for any harm if the chemicals are ingested.  

8. Indemnity

You hereby indemnify us and hold harmless from any claims, losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid to us by a third party in settlement of a claim or dispute on the advice of our legal advisors, incurred or suffered by us arising out of any breach by you of any condition of these terms and conditions, from your acts, omissions or representations in any way related to your access to, and/or use of this site.

9. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem suitable to deal with the breach, including prohibiting you from accessing the website, suspending your access to the website, blocking computers using your IP address from accessing the website, contacting your ISP to request they block your access to the website and/or bringing court proceedings against you.

10. Variation

We may revise these terms and conditions on occasion. Such revised terms and conditions shall apply to the use of our website from the date of the publication of the revised terms and conditions on our website.  To ensure you are familiar with the current version, please check this page regularly.

11. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

We do not permit you to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions

12. Severability

If a provision of these terms and conditions is determined by any court of other competent authority to be unlawful and/or unenforceable the other provision shall continue in effect.  If any unlawful and/or unenforceable provision would be shall continue in effect.

13. Exclusion of third party rights

These terms and conditions are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in connection to these terms and conditions is not to be subject to the consent of any third party whatsoever.

14. Entire agreement

These terms and conditions (together with our privacy policy) constitute the entire agreement between you and us in regard to your use of our website, and supersede all prior agreements in respect of your use of this website.

15. Law and jurisdiction

Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of Colorado. Any legal action or proceeding relating to your access to, or use of, the site or these terms and conditions shall be instituted only in a state or federal court located in the state of Colorado. You and Winans Imaginative agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Children

We do not sell products or services to children.  With a parent or guardian permission, we are happy to have children 13 and over browse our website.  If you are under 18, you may purchase from this site only with involvement of a parent or guardian.

16. Links

Winans Imaginative has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Winans Imaginative of the site. Use of any such linked web site is at the user's own risk.  We urge you to check their privacy policy.