TERMS AND CONDITIONS

AlltheCastlesofGermany.com ("the "website") is made available by Gary B. Pitts and all content, information, designs, names, logos, text, photographs, video, audio, graphics, user interfaces, ordered or provided on or through the Website (collectively, the "Content") may be used solely under the following legally binding terms and conditions. ("Terms and Conditions").

By browsing and using this website you are agreeing to comply with and be bound by the following terms and conditions of use which govern Gary B. Pitts' relationship with you in relation to this website: AlltheCastlesofGermany.com.

About copyright

Copyright is the lifeblood of any visual artist. The granting of commercial usage licenses for third parties to use photographs commercially is the basis for the business of any photographer. If someone uses one of my pictures without permission, then they are stealing, and may be subject to criminal and civil penalties.

Image usage terms

All the images on this website are under the copyright of Gary B. Pitts. All rights are reserved, and no usage or reproduction of any type may be made of any image taken by or copyright to Gary B. Pitts without the express permission of Gary B. Pitts or one of his accredited agents.

Any usage is made under the following terms and conditions, and the use of any image, whether authorized or not, indicates a complete and unconditional acceptance of these terms and conditions.

Terms and Conditions

1. Any commercial reproduction of any image from AlltheCastlesofGermany.com website may only be made upon payment of a commercial usage license fee. This commercial usage license fee must be paid in advance before any commercial reproduction of the subject photo.
2. The right to a photo credit is asserted in accordance with the law and every image reproduction must be adequately credited. The photo credit will need to be as follows:
   Photo by Gary Pitts/AlltheCastlesofGermany.com
   The photo credit shall be in small letters in the lower corner of the photo but reasonably visible to the average human.
3. Should any image be credited to anyone else, with the intent to claim credit for any image, or to deceive as to the provenance of any image, then the agreed liquidated damages will be $25,000.
4. Gary B. Pitts asserts all of his rights in accordance with the Copyright law. This includes, but is not limited to the right to object to derogatory treatment of any image or body of images. The right to object to derogatory treatment includes but is not limited to the absolute right to decide where his work is reproduced. At his sole discretion, Gary B. Pitts may refuse the right for any reproduction of his images, for any reason, where in his opinion, that reproduction may be deemed to imply an endorsement of, or link with any product, opinion or political view.
5. Further to clause 4 above, the right to object to derogatory treatment includes, but is not limited to the absolute right to object to the alteration or editing of any image. Consequently, no alteration or editing of any image, other than cropping for publication, may be carried out without Gary B. Pitts' express permission.
6. Gary B. Pitts, at his sole discretion, reserves the right to change the commercial usage license fee pricing for purchases going forward from the time of the change.
7. Any photo image is used at your own risk. No warranty is offered or given or implied for any losses or costs of any nature, incurred by the usage of any image. This includes the costs, actions or losses of any third party for any reason whatsoever.
8. By using any image, in any way, whether authorized or unauthorized, the user warrants and agrees to indemnify Gary B. Pitts for any loss or damages, of any nature, incurred through the reproduction of that image. This includes, but is not limited to loss of reputation, loss of future work, any conflict with existing or potential image licenses or existing or potential exclusivity or the costs, actions or losses of any third party for any reason whatsoever.
9. The conditions that apply to any authorized use will be those in place at the time that the commercial usage license was granted. The continued use of any unauthorized image, indicates an acceptance of any revised terms and conditions, which will apply to the entire duration of any use.
10. This Terms and Conditions Agreement ("Agreement") is a legal agreement between you and Gary B. Pitts providing, among other things, the terms and conditions for your access to and use of this website: AlltheCastlesofGermany.com and its Contents.
11. Gary B. Pitts reserves the right, at his sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to this website. It is your responsibility to check the website periodically for changes. Your continued use of or access to the website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE OR ITS CONTENT.
12. THESE TERMS AND CONDITIONS CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE. YOU MAY BE DENIED ACCESS TO THE WEBSITE WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.
13. Limited License. The Website and Content are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You are granted a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use the website and the Content according to this Agreement. Gary B. Pitts and AlltheCastlesofGermany.com reserves all right, title and interest not expressly fully granted under this license possible under applicable laws.
14. ANY USE OF THE WEBSITE OR CONTENT NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
15. Prohibited Use. You agree that you will not: (i) use the website for any illegal purpose, and in any illegal manner, (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the website in violation of the Terms and Conditions; or (iv) use the website in any way that violates the terms of this Agreement.
16. Termination. Gary B. Pitts and AlltheCastlesofGermany.com may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.
17. SITE INFORMATION/ERRORS, INACCURACIES AND OMISSIONS

    We try to ensure that the information posted on the website is correct and up-to-date.

    Occasionally there may be information on the website that contains errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.

    Gary B. Pitts and AlltheCastlesofGermany.com undertakes no obligation to update, amend or clarify information in the website. No specified update or refresh date applied in the website, should be taken to indicate that all information in the website has been modified or updated.

18. PROHIBITED ACTS

    In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

    • (a) for any unlawful purpose
    • (b) to solicit others to perform or participate in any unlawful acts
    • (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
    • (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others
    • (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
    • (f) to submit false or misleading information
    • (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website or of any related website, other websites, or the Internet
    • (h) to collect or track personal information of other users