Terms And Conditions

Materialsmagazine.com and Materials Magazine LLC operates as an online digital magazine that can be accessed via the web address, materials magazine .com; hereafter referred to as “Materials Magazine”. Any person or visitor who connects to the services provided by this site is referred to as “you”. This document, known as the Terms of Service or “Terms”, outlines the rules and regulations that you agree to abide by.

It is your responsibility to carefully review this User Agreement in its entirety. Materials Magazine reserves the right, at its sole discretion, to remove, alter, modify, add or terminate any part or the entirety of this agreement at any time and without prior notice. To access the most up-to-date version of these terms and conditions, please utilize the link found in the footer of the page.

Either Materials Magazine or you have the right to terminate these terms at any time. Materials Magazine also reserves the right to immediately terminate your access if, in its sole judgment, it determines that you have breached any terms or engaged in unacceptable conduct.

By connecting to and/or visiting materialsmagazine.com, you represent and warrant that you are of legal age to enter into a binding contract. Additionally, you agree and warrant that you are not prohibited from receiving services under the applicable laws of the United States or any relevant jurisdiction. You acknowledge that you are at least thirteen years old, or if under the age of 18, you are under the supervision of a parent, legal guardian, or responsible adult. Individuals under the age of 13 (children) are not permitted to visit or access Materials Magazine.

By using materialsmagazine.com and its services, you release Materials Magazine from any and all future claims of any nature, including but not limited to termination or suspension from employment or educational institutions, dependency, or loss of productivity. You hereby waive any rights to make a claim against Materials Magazine. Please be aware that all statements, opinions, and content provided by Materials Magazine have not been evaluated by the Food and Drug Administration. Furthermore, the products offered are not intended to cure, treat, diagnose, or prevent any disease.

Materials Magazine bears no responsibility for the authenticity of its content or the actions of its advertisers. All content, contests, and services provided by Materials Magazine are offered “as is,” and no warranties or guarantees are implied or made. Participation in these offerings is undertaken at the participant’s own risk. Materials Magazine does not assume any responsibility or liability for the products, content, contests, or actions of any third-party sites. It should be noted that any websites linked on materialsmagazine.com are owned and operated by third parties, and their presence does not indicate an endorsement, guarantee, or warranty from Materials Magazine.

Any products endorsed or mentioned by Materials Magazine are provided “as is,” with no warranties or assurances of any kind. Any business dealings, correspondence, or participation in promotions with advertisers and affiliates found on Materials Magazine, including the payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such transactions, are solely between you and the advertiser or affiliate. Materials Magazine shall not be held liable or responsible for any loss or damage incurred as a result of such dealings or the presence of advertisers and affiliates on Materials Magazine.

Additional Disclaimers

Materials Magazine may actively participates in affiliate advertising programs that enables us to generate advertising fees by linking to third-party site products and services. Materials Magazine may collaborate with various affiliate program partners and companies.

California & New York Residents

In compliance with the legislation that Materials Magazine does not endorse, we regret to inform you that we do not offer any services and do not have physical locations or contacts in the state of California and New York. Therefore, establishing a connection to this server is strictly prohibited. Materials Magazine retains the right to refuse access to our services based on your geo-location IP address. Additionally, Materials Magazine does not have control over any attempts made to circumvent the existing measures. If your location is restricted, we kindly request that you refrain from connecting to our server.

Additional Disclaimers

Unauthorized Crawlers and Bot Access

Accessing Materials Magazine via any bot, crawler or web service that is intended to collect data or any other information is strictly prohibited unless authorized in writing by Materials Magazine. By establishing a connection to this server, you and your company, if utilizing such bots or crawlers, agree to comply with all terms and conditions. Any violation of these terms, including the abuse of crawlers, bots, and similar tools, will result in a penalty of one million dollars. Each instance of unauthorized access will be considered a violation. If you are a client of any data collection company using these methods, you are hereby notified that such violations will warrant a one-million dollar penalty payable to Materials Magazine. It is important to note that damages do not need to be proven for this penalty to apply; a flat fee will be charged for the abuse of our services. Additionally, you agree to bear both parties’ legal costs in the event you choose to disregard these terms. Any legal action initiated by you, your company, or your client will be invalidated if you fail to comply with the terms and conditions regarding unauthorized Crawlers and Bot Access. By agreeing to these terms, you waive your right to pursue any claims indefinitely.

Furthermore, accessing this server through the aforementioned unauthorized methods will render any information, screenshots, logs, or other data obtained inadmissible in any legal proceedings or court of law. By engaging in unauthorized crawler or bot access for data collection purposes, you forfeit your right to initiate legal action. We take unauthorized bot and crawler access seriously, and should you disagree with these terms, it is imperative that you immediately terminate access and permanently delete any collected data.

Please be advised that Materials Magazine’s theme, logo, and other proprietary assets are protected by copyright, and storing any of this data on a web server not owned by Materials Magazine is strictly prohibited. You and your client, if applicable, are explicitly prohibited from storing the aforementioned data on any third-party server not operated by Materials Magazine, for any reason including but not limited to general documentation or page history, as doing so would constitute copyright infringement.

Digital Millennium Copyright Act

All usage, of any form of media, is done so under fair use for educational purposes. Materials Magazine is not a commercial business, it is an educational construction publication for the greater of society. Materials Magazine entirely supports the non-profit Materials Construction Museum, which is an educational institution.

Materials Magazine hereby affirms its authority to remove content without prior notice, exercising its right to do so at any time. It is explicitly stated that Materials Magazine does not tolerate any form of copyright infringement or violation of intellectual property rights. Materials Magazine is committed to promptly removing any content upon receiving proper notification indicating its infringement upon the intellectual property rights of another individual or entity.

DMCA Notice

If you are an agent or copyright holder who believes that any third-party content or other materials infringe upon your copyright, you may submit a notification in accordance with the Digital Millennium Copyright Act (DMCA). To ensure clarity and provide supplementary details, please provide our designated copyright agent with the following information in written form (refer to 17 U.S.C 512(c)(3)):

(1) A physical or electronic signature of an individual authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed;

(2) Identification of the copyrighted work claimed to have been infringed. In cases where a single notification covers multiple copyrighted works at a sole online site, please provide a representative list of such works at the stated site;

(3) Identification of the material that is claimed to be infringing or the subject of infringing activity, along with information reasonably appropriate for the service provider to locate the specific material;

(4) Information reasonably sufficient to allow the service provider to contact you, including but not limited to an address, telephone number, and, if available, an email address;

(5) A statement declaring that you genuinely believe, in good faith, that the usage of the material in the manner complained of is unauthorized by the copyright owner, its agent, or the law;

(6) A statement affirming the accuracy of the information provided in the notification and, under penalty of perjury, asserting that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Notifications of claimed infringement should be directed to Materials Magazine at the following address:

Materials Magazine
Attn: Copyright Agent
contact@materialsmagazine.com

Please be aware that failure to comply with all requirements outlined in this Section may render your DMCA notice invalid.

Notice of Counterclaim

You are entitled to submit a counterclaim if you hold the belief that your Third-Party Content, which has been removed, does not infringe upon any copyrights. Furthermore, if you possess the authorization from the copyright owner or agent, or if you are permitted to post and utilize content within your Third-Party Content in accordance with the law, you may also submit a counterclaim.

Kindly direct your counterclaim to the Copyright Agent, providing the following details:

(1) Your physical or electronic signature;

(2) A comprehensive identification of the content that has been removed or disabled, along with the location where it was originally accessible prior to removal or disability;

(3) A statement affirming that you genuinely believe in good faith that the content was erroneously removed or disabled due to a factual error or a misidentification of the content; and

(4) Your complete name, address, contact number, email address, a declaration consenting to the jurisdiction of the federal court in Boulder, Colorado, and a confirmation of your consent to accept legal process from the notifying party regarding the alleged copyright infringement.

Consequence of Counterclaim

Upon receipt of a counterclaim by the Copyright Agent, the Services retain the right to forward a duplicate of the counterclaim to the initially complaining party, notifying them that the removed content may be reinstated or its disabling may cease in a period of 14 business days.

Unless the copyright owner pursues legal action through a court order against the content provider, member, or user, the removed content may be reinstated or the access to it reestablished within a period of 14 to 21 business days, or longer, at the sole discretion of the Services.

Unsolicited Material and Ideas

The Services and Materials Magazine shall not be held liable for any similarity between its content in any media and materials or ideas provided by users to the Services. If you choose to transmit unsolicited submissions to us through the Services or otherwise, you hereby grant Materials Magazine a worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, copy, reproduce, distribute, publish, publicly perform, modify, publicly display, adapt, translate, archive, store, and create derivative works from such submissions. Additionally, Materials Magazine has the right to sub-license, assign, and transfer this license to others. Please be aware that any submissions may be adapted, broadcasted, altered, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Materials Magazine as they see fit.

By utilizing the Services and transmitting an unsolicited submission to us, you acknowledge and agree that you are not entitled to receive any form of compensation, credit, or notice in relation to said submission. Furthermore, by sending such an unsolicited submission, you waive any right to make any claim against the Services, Materials Magazine, and its affiliated companies, officers, directors, or employees regarding the use of your submission. This includes, but is not limited to, claims of unfair competition, infringement of proprietary rights, breach of implied contract, or breach of confidentiality, even if the material or idea submitted is or may be substantially similar to the idea you transmitted.

Indemnification Provision

You hereby agree to assume the responsibility of defending, indemnifying, and holding Materials Magazine (together with its affiliated entities, officers, directors, employees, and agents) harmless against any and all claims, damages, losses, liabilities, costs or debts, expenses, and obligations, including attorney fees, that may arise from the following:

1. Any third-party content that you post, consent to repost, or submit.
2. Your use of the Services or access to them.
3. Violation of the terms specified in the provided terms of use.
4. Violation of any US law, rule, regulation or the legislation of any other country.
5. Infringement upon third-party rights, which may include but is not limited to copyright, trademark, property or privacy rights.
6. Another party’s access and use of the services with your account.
7. Claims arising from third-party content that was posted, submitted, or consented by you or using your account, which caused damage to another third party.

Please note that this defense and indemnification obligation will continue to be valid even after the termination of your use of the services and will persist in accordance with these terms of usage.

Applicable Law and Conflict Resolution

By agreeing to these terms, you acknowledge that the services provided are based solely in the State of Colorado. The services are considered a passive website that does not establish personal jurisdiction over Materials Magazine in any jurisdiction other than Colorado.

You consent and agree to the exclusive jurisdiction of the state and federal courts located in Boulder, Colorado. You also waive any objection to personal jurisdiction, venue, or the convenience of the forum.

Any dispute, claim, or controversy relating to the services, this agreement, or its breach, termination, enforcement, interpretation, or validity, including the determination of the scope or applicability of this arbitration agreement, will be resolved through arbitration in Boulder, Colorado. The arbitration will be conducted by a single arbitrator, and the party initiating the arbitration may choose either JAMS or the American Arbitration Association for administration in accordance with their respective rules.

The arbitrator is prohibited from awarding consequential, indirect, exemplary, special, or incidental damages arising from or relating to your use of the services. This includes damages for loss of business profits, business interruption, loss of business information, or other financial losses. The arbitral award may be entered as a judgment in any court with jurisdiction. Each party will bear half of the costs and expenses of the arbitration, and each party will separately cover their own attorney’s fees and expenses. Despite the agreement to resolve disputes through arbitration, either party may initiate a legal action in a state or federal court in Boulder, Colorado to protect its intellectual property rights. However, this provision does not include disputes or claims within the jurisdiction of a small claims court.

Statute of Limitations. You must file any claim related to the services or these terms within six months from the start of the events giving rise to the claim, or you agree to waive that claim.