VisitWimberley.com

Terms of Service

 

Welcome to VisitWimberley.com. VisitWimberley.com is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users.

To offer our users the maximum amount of interactivity we can provide,  we post these Terms of Service to govern the use of VisitWimberley.com, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these Terms of Service. Before framing any page(s) from this website or using material found at or derived from this website, please read them carefully. These Terms of Service constitute a binding contract between you and Hill Country Publications, LLC. If you do not agree with any of these terms, please exit VisitWimberley.com.

Copyright:

All of the information, content, services and software displayed on, transmitted through, or used in connection with VisitWimberley.com, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Hill Country Publications, LLC, and its affiliated companies, licensors and suppliers, except where specifically noted with other copyright notices. Hill Country Publications, LLC actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service. Hill Country Publications, LLC respects the intellectual property of others.

You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of Hill Country Publications, LLC.

Trademarks:

The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by Hill Country Publications, LLC and its affiliated companies, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance by Hill Country Publications, LLC. 

Links to, and frames of, VisitWimberley.com:

If you operate a Web site and wish to link to VisitWimberley.com, you may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of VisitWimberley.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through VisitWimberley.com, not to insert any code or product or manipulate the content of VisitWimberley.com in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of VisitWimberley.com.

Membership and Registration:

Certain areas of VisitWimberley.com, such as the forums, also referred to as the BB, may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of VisitWimberley.com. When you register or become a Member of VisitWimberley.com or provide information to VisitWimberley.com in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited (except in those specific areas of VisitWimberley.com that specifically ask for unique, fictitious names, e.g., the forums/BBs). You agree that VisitWimberley.com may use the information you provide to us according to the Privacy Policy on our site. If you become a Member of VisitWimberley.com, please note that you are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access VisitWimberley.com using your name in whole or in part. VisitWimberley.com reserves the right to terminate Membership and deny access to the site to any person who violates this Terms of Service.

User-Created Content:

By placing material on, or communicating with, VisitWimberley.com, including for example communication during registration, communication on any VisitWimberley.com bulletin board or message area, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant Hill Country Publications, LLC, its affiliates and related entities, including VisitWimberley.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize VisitWimberley.com to include the information you provide in a searchable format that may be accessed by users of VisitWimberley.com and other web sites. You also grant VisitWimberley.com and its affiliates and related entities the right to use your name and any other information that you provide. VisitWimberley.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to VisitWimberley.com.

Additional Specifics About Interactive Areas (Message Boards, Forums, etc.):

VisitWimberley.com bulletin boards, forums and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of VisitWimberley.com and the volume of messages and postings, VisitWimberley.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. VisitWimberley.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content. 

Posting Rules for Forums and User-updateable pages:

Interactive areas, discussion boards, forums, etc., are intended to encourage public debate. We expect people to differ and encourage freedom of speech and ideas. But by using these areas of VisitWimberley.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by VisitWimberley.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using VisitWimberley.com, please do not post material that contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; violates any right of VisitWimberley.com or any third party; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation. unfairly interferes with any third party’s uninterrupted use and enjoyment of VisitWimberley.com; advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; uploads copyrighted or other proprietary material of any kind on VisitWimberley.com without the express permission of the owner of that material; uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of Service; includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability; uploads or transmits viruses or other harmful, disruptive or destructive files; disrupts, interferes with, or otherwise harms or violates the security of VisitWimberley.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through VisitWimberley.com or affiliated or linked sites; “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. A violation of the foregoing guidelines may be referred to law enforcement authorities.

Communications with Third Parties Through VisitWimberley.com:
Your dealings or communications through VisitWimberley.com with any party other than VisitWimberley.com are solely between you and that third party. For example, certain areas of VisitWimberley.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will VisitWimberley.com or Hill Country Publications, LLC be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

General Disclaimer and Limitation of Liability:

While VisitWimberley.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. VisitWimberley.com does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on VisitWimberley.com may be provided and/or hosted by third parties. VisitWimberley.com has not reviewed all of the sites linked to VisitWimberley.com and is not responsible for the content of any off-site pages or links to or from any other sites. While VisitWimberley.com encourages such third parties to abide by these Terms of Service, VisitWimberley.com has no responsibility for actions of third parties.

You expressly understand and agree that use of VisitWimberley.com is at your own risk. All content available through VisitWimberley.com is provided on an "as is" and "as available" basis. Neither VisitWimberley.com, nor any of its affiliated or related companies, or any of its or their employees, agents, content providers or licensors, makes any representation or warranty of any kind regarding VisitWimberley.com, the content, any advertising material, or the results that may be obtained from use of such services or sites. VisitWimberley.com makes no warranty that VisitWimberley.com will meet your requirements, be uninterrupted, timely, secure or error free, or that VisitWimberley.com or the server that makes it available are free of viruses or other harmful components or destructive files.

VisitWimberley.com contains facts, views, opinions, statements and recommendations of third party individuals and organizations. VisitWimberley.com does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the VisitWimberley.com. You acknowledge that any reliance upon any such opinion, advice, statement or information is at your sole risk. 

VisitWimberley.com specifically disclaims any and all express or implied warranties regarding VisitWimberley.com or any content, services or products provided through or in connection with VisitWimberley.com, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through VisitWimberley.com. VisitWimberley.com assumes no responsibility, and is not 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, VisitWimberley.com or your downloading of any materials, data, text, images, video, or audio from VisitWimberley.com.

In no event shall VisitWimberley.com or any of their affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages.

Some jurisdictions do not allow the limitation or exclusion of certain warranties and conditions, and/or the disclaimer of some types of damages, so some of the above may not apply to you.

Indemnity: You agree to indemnify, defend and hold harmless, VisitWimberley.com and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, interruption of service, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (a) your use of VisitWimberley.com (b) VisitWimberley.com's use of any content or information you provide, as long as our use is not inconsistent with this agreement; (c) information or material posted or transmitted through your membership account, even if not posted by you; and, (d) any violation of this agreement by you.

International Users: VisitWimberley.com is controlled, operated and administered from within the United States. VisitWimberley.com makes no representation that materials or Content available through VisitWimberley.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use VisitWimberley.com or export the Content in violation of U.S. export laws and regulations. If you access VisitWimberley.com from a location outside the United States, you are responsible for compliance with all local laws.

Miscellaneous: VisitWimberley.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of VisitWimberley.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. In addition, Digimuse Services LLC Terms of Service apply to all advertising, links, or other web media products offered by VisitWimberley.com and/or Hill Country Publications LLC. 

VisitWimberley.com may modify, suspend, discontinue or restrict the use of any portion of VisitWimberley.com, including the availability of any portion of the Content at any time, without notice or liability. VisitWimberley.com may deny access to any person or user at any time for any reason. In addition, VisitWimberley.com may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires VisitWimberley.com or any of its assets.
All community websites and/or pages and content residing at VisitWimberley.com are subject to the Digimuse Services LLC Terms of Service.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to VisitWimberley.com must be filed in a federal or state court located in Austin, Texas, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of VisitWimberley.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to VisitWimberley.com, and all other provisions for which survival is equitable or appropriate.


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