Terms & Conditions
1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://showroom.windingroad.com/terms
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Winding Road Showroom does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Winding Road Showroom site and Content available through the Service may contain links to other websites, which are completely independent of Winding Road Showroom. Winding Road Showroom makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no
circumstances will Winding Road Showroom be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Winding Road Showroom does not pre-screen or approve Content, but that Winding Road Showroom shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Winding Road Showroom site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Winding Road Showroom, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
UNDER NO CIRCUMSTANCES SHALL WINDING ROAD SHOWROOM, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGESARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL,SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOMESTATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOUAGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAYCONNECTED TO THE SERVICE SHALL
NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Winding Road Showroom’ agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
Winding Road Showroom
2500 McHale Court, Suite 100A
Austin, TX 78758
Please provide our Agent with the following Notice:
a) Identify the material on the Winding Road Showroom site that you claim is infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Winding Road Showroom will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a Winding Road Showroom employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person’s explicit consent;
f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Winding Road Showroom sites which are not designated for such purposes; or emailed to Winding Road Showroom users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in “services”;
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Texas law. A partial list of prohibited items for sale and prohibited services offered is provided for your convenience:
• Obscene material or child pornography.
• Offer or solicitation of illegal prostitution.
• Weapons and related items, including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
• Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
• Fireworks, including but not limited to “safe and sane” fireworks or any destructive devices or explosives.
• Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
• Alcohol or tobacco products.
• Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
• Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
• Blood, bodily fluids or body parts.
• Household pets of any kind including but not limited to dogs, cats, primates, cage birds, rodents, reptiles, amphibians, fish.
• Pet animal parts, blood, or fluids – including but not limited to stud/breeding service.
• Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests.
• Pesticides or hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, or art or craft material containing toxic substances without a warning label.
• Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers
• Stolen property, or property with serial number removed or altered.
• Burglary tools, including but not limited to lock-picks or motor vehicle master keys
• False identification cards, items with police insignia, citizenship documents, or birth certificates.
• Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
• Counterfeit, replica, or knock-off brand name goods.
• Material that infringes copyright, including but not limited to software or other digital goods you are not authorized to sell, warez, bootlegs (without consent of the band).
• Airline tickets that restrict transfer and tickets of any kind which you are not authorized to sell.
• Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell.
• Gambling items, including but not limited to lottery tickets, sports trading card ‘grab bags’, raffle tickets, sweepstakes entries or slot machines.
• Used or rebuilt batteries or batteries containing mercury.
• Used bedding and clothing, unless sanitized in accordance with law.
• Non-packaged food items or adulterated food.
• Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
p) “stalk” or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Winding Road Showroom;
s) attempt to gain unauthorized access to Winding Road Showroom’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Winding Road Showroom website; or
t) use any form of automated device or computer program that enables the submission of postings on Winding Road Showroom without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. Manual postings are limited to 3 relistings.
u) use any form of automated device or computer program (“flagging tool”) that enables the use of Winding Road Showroom’ “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
8. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Winding Road Showroom resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Winding Road Showroom. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Winding Road Showroom.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Winding Road Showroom email addresses or through Winding Road Showroom computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Texas. Any unauthorized use of Winding Road Showroom computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
11. LIMITATIONS ON SERVICE
You acknowledge that Winding Road Showroom may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Winding Road Showroom has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Winding Road Showroom reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Winding Road Showroom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
Winding Road Showroom grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Winding Road Showroom. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Winding Road Showroom permits you to display on our website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Winding Road Showroom to do so. You may also create a hyperlink to the home page of Winding Road Showroom sites so long as the link does not portray Winding Road Showroom, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Winding Road Showroom offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Winding Road Showroom permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, © you provide, adjacent to the RSS feed, proper attribution to ‘Winding Road Showroom’ as the source, (d) your use or display does not suggest that Winding Road Showroom promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Winding Road Showroom systems. Winding Road Showroom reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Winding Road Showroom immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Winding Road Showroom.
13. TERMINATION OF SERVICE
You agree that Winding Road Showroom, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Winding Road Showroom believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Winding Road Showroom shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Winding Road Showroom. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Winding Road Showroom, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Winding Road Showroom does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Winding Road Showroom an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Service, you automatically grant Winding Road Showroom all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WINDING ROAD SHOWROOM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WINDING ROAD SHOWROOM SITE AND THE SERVICE AREPROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WINDING ROAD SHOWROOM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WINDING ROAD SHOWROOM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WINDING ROAD SHOWROOM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WINDING ROAD SHOWROOM SITE OR THESITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WINDING ROAD SHOWROOM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WINDING ROAD SHOWROOM DISCLAIMSANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WINDING ROAD SHOWROOM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WINDING ROAD SHOWROOM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WINDING ROAD SHOWROOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WINDING ROAD SHOWROOM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WINDING ROAD SHOWROOM SITE OR THE SERVICE, FROM INABILITY TO USE THE WINDING ROAD SHOWROOM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WINDING ROAD SHOWROOM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WINDING ROAD SHOWROOM SITE OR THE SERVICE OR ANY LINKS ON THE WINDING ROAD SHOWROOM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WINDING ROAD SHOWROOM SITE OR THE SERVICE OR ANY LINKS ON THE WINDING ROAD SHOWROOM SITE.THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Winding Road Showroom's Services or your breach of any law or the rights of a third party.
You agree to indemnify and hold Winding Road Showroom, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. All images have their owners. If you think that the users of the site made a mistake by posting an image, please contact us at firstname.lastname@example.org.
19. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Winding Road Showroom and govern your use of the Service, superseding any prior agreements between you and Winding Road Showroom. The TOU and the relationship between you and Winding Road Showroom shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Winding Road Showroom agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas. The failure of Winding Road Showroom to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Winding Road Showroom to pursue legal action to enforce these Terms, you will be liable to pay Winding Road Showroom the following amounts as liquidated damages, which you accept as reasonable estimates of Winding Road Showroom’ damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Winding Road Showroom one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
We welcome your questions and comments on this document. Please send an email to email@example.com