TERMS AND CONDITIONS OF USE
WELCOME TO THE WEB SITE OF MODERN STEEL CONSTRUCTION magazine ("MSC"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.BY USING THIS SITE YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE FOLLOWING TERMS, CONDITIONS AND NOTICES.IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE FOLLOWING TERMS, CONDITIONS AND NOTICES PLEASE DO NOT ACCESS OR USE THIS SITE.
This Agreement was last updated on October 1, 2007.
1. Scope of Agreement
This Terms and Conditions of Use Agreement ("Agreement) is between you ("You" and "Your") and MSC. This Agreement governs Your access to and use of this Web site (including without limitation, all Content (as defined below), software, HTML and other code, and script forming a part of this Web site, and all goods, services and transactions offered through this Web site, the "Site").
2. Binding Agreement
A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records. AISC recommends that You print a copy of the most current version of this Agreement for Your records.
3. Modification of Site
MSC may, at any time and in its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all services or transactions offered through this Site), in whole or in part, without notice or liability to You.
(a) Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, nonexclusive and nontransferable license, without the right to sublicense, to access and use this Site only for (i) displaying this Site on Your Internet browser; and (ii) printing or copying portions of this Site. Your access and use of this Site is further limited to personal, internal and noncommercial purposes only.
(b) Except as permitted in the limited license set forth in paragraph (a), above, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site.
(c) You may not upload to, or distribute or otherwise publish through this Site any Content, information, or other material that (i) violates or infringes the rights of any persons, including without limitation, rights in copyrights, patents, trademarks, service marks, trade secrets, and other proprietary rights; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
5. Availability and Use of Site
The availability of this Site depends on many factors, including some factors that are beyond MSC’s control, such as Your connection to the Internet and the Internet backbone. MSC shall not be liable to You if You cannot use this Site.
6. Financial Information
No offering of securities is made or is intended to be made through this Site or any of the documents and other materials that may appear on this Site. Due to the inherent hazards of electronic distribution, there may be omissions or inaccuracies in the information posted on this Site. The posting of financial information on this Site does not and should not be deemed to mean that there have been no changes in the affairs of MSC. All financial information presented on this Site is valid only as of the date of posting. Therefore, reliance on any financial information is at Your own risk and You should consult qualified professional advisors. AISC is not obligated to update such information.
7. Termination; Effect of Termination
In addition to any other legal or equitable remedies, MSC may, without prior notice to You, deny Your access to and use of this Site, in whole or in part, and/or revoke any or all of Your other rights granted under this Agreement. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the date of termination. The provisions of Sections 2, 3, 4, (b), (c), and (d), 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, and 18 shall survive any termination of this Agreement.
8. Intellectual Property
(a) U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. MSC shall aggressively enforce its intellectual and proprietary rights to the fullest extent of the law.
(b) All information and data that is part of this Site, including without limitation, text, graphics, photos, illustrations, images, video and audio clips (collectively, "Content") and all trademarks, service marks, trade dress, logos and tag lines displayed on this Site (collectively, the "Marks") are the sole and exclusive property of MSC or their respective owners. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of AISC or any of the goodwill associated with any of the foregoing. To the extent that You use any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity or other intellectual or proprietary right of MSC, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of MSC.
(c) You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site.
9. Notice of and Procedure for Copyright Infringement
(a) MSC respects other's intellectual and proprietary rights. In accordance with the Digital Millennium Copyright Act, AISC has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If any You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send AISC's Designated Agent a notice containing the following elements:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of Web site where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3) A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that MSC can locate the material;
(4) Your address, telephone number and email address;
(5) A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(b) Send the notice containing the above information to the following Designated Agent:Name of Designated Agent: Web OverlordMailing Address: 1 E. Wacker Drive, Suite 700 Chicago, IL 60601
(6) A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
Telephone number: 312-670-2400
E-mail Address: email@example.com
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING AISCTHAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO AISC'S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED "CONTACT INFORMATION".
10. Links To Other Internet Sites; Links to this Site (a) This Site may contain links to Internet sites owned, operated or maintained by third parties not under MSC’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be MSC’s endorsement of the organization or individual associated with the linked site. MSC is not responsible for the content, quality, or accuracy of any materials referenced or linked through this Site. You assume sole responsibility and liability for Your use of such linked sites.
11. Warranty Disclaimer; Limitation of Liability
(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN "AS-IS" and "AS AVAILABLE" BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. AISCDOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. AISCDISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AISCOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF MSC HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless MSC, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of information or content submitted to this Site by You, Your violation of a third party's intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. MSC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with MSC’s defense of such claims.
You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of MSC’s successors, assigns and licensees.
15. Injunctive Relief; Remedies
(a) You agree that MSC’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that MSC shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that MSC may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys' fees.
(b) All rights and remedies granted to MSC under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to MSC at law or in equity.
16. Governing Law and Jurisdiction; Limit on Commencing Actions
(a) This Agreement is governed by the laws of the State of ILLINOIS, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in ILLINOIS, U.S.A. in all disputes arising out of or relating to the use of this Site.
(b) You must commence any cause of action or claim against AISC within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
17. Unenforceable Terms
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
18. Contact Information
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to: firstname.lastname@example.org or by regular mail to Webmaster, 1 E. Wacker Drive, Suite 700, Chicago, IL 6060119. Reservation of Rights
MSC reserves to itself any and all rights not expressly granted herein.
20. Posting Messages You agree, through your use of this website, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.
The staff of this website reserves the right to remove any content for any reason. You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.
MSC specifically disclaims any and all liability arising from any content posted by a third party on any bulletin board, forum, list serve or other medium contained in this web site, including any content that may be offensive, profane, obscene, incomplete, or inaccurate in any way.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.
After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.
Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.
Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.
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