These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Copyright Notice Copyright © 2013 Gilbert H. Castle, III. All rights reserved.
Ownership / Restrictions on Use The CitiesBeautiful.org website is owned and operated by Gilbert H. Castle, III (“OWNER”). Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website (collectively, the "CONTENT") contained in this Website are proprietary to the OWNER, its affiliates and/or third-party licensors. The CONTENT is protected by United States and international copyright and trademark laws. Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any CONTENT without the express prior written consent of OWNER. You may download, print and reproduce the CONTENT for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such CONTENT, and to cite the URL Source of such CONTENT. Reproduction of multiple copies of the CONTENT, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of OWNER. To obtain written consent for such reproduction, please contact the OWNER via the “About Us” tab at www.citiesbeautiful.org.
Acceptable use You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. 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 this website without OWNER’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without OWNER’s express written consent.
Linking It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from OWNER and that OWNER has no control over the content of such websites. Consequently, OWNER cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites. The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
Payments, Taxes and Refund Policy Your total price will include the price of the product plus any applicable tax; such tax is based on the bill-to address and the tax rate in effect at the time you download the product. No customers are eligible for tax exemptions. All sales of products are final. Prices for products offered may change at any time. There will be no refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid.
Your Account As a registered CitiesBeautiful.org Member, you may establish an account ("Account"). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify CitiesBeautiful.org of any security breach of your Account. CitiesBeautiful.org shall not be responsible for any losses arising out of the unauthorized use of your Account.
Intellectual Property You agree that the CitiesBeautiful.org website contains proprietary information and material that is owned by OWNER, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except as is in compliance with this Agreement. No portion of the CitiesBeautiful.org website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the CitiesBeautiful.org website in any manner. Notwithstanding any other provision of this Agreement, OWNER reserves the right to change, suspend, remove, or disable access to any CONTENT or other materials comprising a part of the CitiesBeautiful.org website at any time without notice. In no event will OWNER be liable for making these changes. OWNER may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.
Warranties THIS INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST DATA OR PROFITS), OR ANY OTHER DAMAGES WHATSOEVER WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. THIS INFORMATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OWNER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND OWNER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. OWNER DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND OWNER DISCLAIMS ANY LIABILITY RELATING THERETO. OWNER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME OWNER MAY REMOVE THE CONTENT FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE CONTENT AT ANY TIME, WITHOUT NOTICE TO YOU.
Limitations of liability OWNER will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Changes and Termination OWNER reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, OWNER reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from OWNER to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any CONTENT available through the Website, is to stop visiting and using the Website.
Entire agreement These terms and conditions constitute the entire agreement between you and OWNER in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
