As a user, you will be able to access material on some areas of the Sites without going through the registration process. Certain areas of the Sites are only open to you if you register.
All material on the Sites including, without limitation, any text, graphics, logos, photographs, audio or video materials, databases, HTML code and other intellectual property (the “Content”) are Copyrighted by YourWinterGarden.com and all rights are reserved. You may retrieve and display Content from the Sites on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from YourWinterGarden.com:
redistribute any of the Content (including using it as part of any library, archive or similar service)
remove the copyright or trade mark notice from any copies of Content made under these Terms
create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content
create works or materials that derive from or are based on the materials contained in the Sites including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greetings cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away
DISCLAIMER OF WARRANTIES AND LIABILITY
While YourWinterGarden.com does its best to ensure the optimal performance of the Sites, you agree that you use the Sites and rely on material contained in these Sites at your own risk.
YourWinterGarden.com does not give any warranties in respect of the Sites, content, software or services available through the Sites (collectively, “Sites services”). In particular, the Sites services are provided on an “as is”, “with all faults” and “as available” basis. To the extent allowed by applicable law, YourWinterGarden.com hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Also, YourWinterGarden.com does not provide any warranty against infringement or of title or quiet enjoyment and makes no express warranties.
NO INCIDENTAL OR CONSEQUENTIAL DAMAGES
To the full extent allowed by applicable law, you agree that YourWinterGarden.com will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the Sites services or to any breach of the terms by YourWinterGarden.com, even if YourWinterGarden.com has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.
LIMITATION ON DAMAGES; EXCLUSIVE REMEDY
You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable Sites service up to a limit of the following, at YourWinterGarden.com election: (1) a refund of the amount you paid (if any) in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the service. All limitations will apply to all legal and equitable theories.
You agree to indemnify and hold YourWinterGarden.com and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the these Terms, or your violation of any rights of another.
The Sites contain links to other World Wide Web Sites provided by independent third parties (“Third Party Sites”), either directly or through frames. Where possible, YourWinterGarden.com will make clear where such links are being made, though Third Party Sites may be co-branded with YourWinterGarden.com and so include YourWinterGarden.com trademark. YourWinterGarden.com is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.
CHANGES TO THE TERMS
Due to its policy of updating and improving the Sites, YourWinterGarden.com may wish to change these Terms (including those relating to your use of the Content). YourWinterGarden.com reserves the right to modify these Terms without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
YourWinterGarden.com reserves the right to immediately terminate your use of, or access to, the Sites at any time if YourWinterGarden.com decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that YourWinterGarden.com considers to be inappropriate or unacceptable.
ADVERTISING AND SPONSORSHIP
Part of the Sites may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. YourWinterGarden.com will not be responsible for any error or inaccuracy in advertising material.
COUNTRY OF JURISDICTION
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. For the exclusive benefit of YourWinterGarden.com, YourWinterGarden.com shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.
We reserve all rights not expressly granted here.
Last updated: June 15, 2017