User Terms of Service
PLEASE READ THESE USER TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
The following constitute the terms of Terms of Service (“Terms of Service”) between you ("you", "your", "purchaser") and Metal International, LLC (referred to as the "Company," "we," or "us") with respect to your use of our web site at www.metalinternational.com (“Site”) and our services provided therein (collectively, the “Service’). The Company operates the Service including all text, reviews, audio-visual works including video, communications, content, information, communications, postings, editorial, products, pictures, product specifications, materials, documents, products, software, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content").
By accessing, using the Service and/or accessing any element of the Service, you acknowledge your agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please do not access this Service, otherwise use the Services and/or download any Content. We reserve the right to update or modify these Terms of Service at any time, and without prior notice to you. Your use of the Service following such modification or update constitutes your acceptance to be bound by these Terms of Service as changed or modified. We encourage you to read through and review these Terms of Service each time you access or use the Service.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, YOU MUST NOT USE THIS SERVICE.
THE SERVICE DOES NOT ESPOUSE OR ENDORSE ANY SPECIFIC MEMBER, ACTIVITY, PERSON, COMPANY, PRODUCT OR SERVICE CONTAINED OR OFFERED ON THIS SERVICE. NOTHING CONTAINED IN THE CONTENT OR THIS SERVICE IS INTENDED TO CONSTITUTE A WARRANTY REGARDING THE UNDERLYING ANY PRODUCT OR SERVICE REPRESENTED BY ANY OTHER MEMBER, AND THE USER SHALL SOLELY RELY UPON THE WARRANTY ISSUED BY SUCH MEMBER.
(a) Unlawful Purposes. In order to create a valuable service to our Members certain types of activities and communications are prohibited. As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Service. You also agree that you are responsible for User Generated Content that is posted by you in your profile or through other features of the Service. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(b) Unsolicited Information. This Service may provide opportunities to provide us feedback regarding the Service, the Events and the Content and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms of Service. We welcome your comments and feedback concerning the Service, but we do not accept or consider other unsolicited ideas, including ideas for new types of Events, advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you. Notwithstanding the foregoing, however, we do accept and encourage ideas and referrals for speakers you think may be of interest to the membership.
(c) Prohibition on Use by Minors. This Service is intended for adults only. MINORS UNDER THE AGE OF MAJORITY ARE NOT PERMITTED TO USE THIS SERVICE, SUBMIT ANY USER GENERATED CONTENT, PERSONAL DATA, UNSOLICITED INFORMATION OR ENGAGE IN ANY OTHER TRANSACTION THROUGH THIS SERVICE.
(d) No Monitoring of Member Postings. We cannot screen Content and/or User Generated Content for completeness, accuracy or compliance with these Terms of Service. However, we may in our sole discretion, but without the obligation, choose to monitor such Content as part of an investigation of reported abuses or otherwise where we may deem appropriate.
(e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your account information for any purpose. BE ADVISED THAT WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN USER NAMES AND PASSWORDS (“SECURITY INFORMATION”) AND THAT WITHOUT YOU ARE TO CONTACT US IMMEDIATELY IN SUCH EVENT TO CHANGE YOUR ACCOUNT ACCESS IN CASE YOUR SECURITY INFORMATION HAS BEEN COMPROMISED. YOU ARE FURTHER ADVISED TO KEEP YOUR SECURITY INFORMATION SECURE, AND TO CHANGE IT EVERY 90 DAYS ON YOUR ACCOUNT PROFILE SO AS TO MINIMIZE THE RISK OF FRAUD.
(f) Infringing User Generated Content. You shall not post or transmit any User Generated Content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
(g) Interference with Other Users’ Use. You shall not interfere with other users' use of the Service, including, without limitation, spamming or otherwise using abusive tactics to deter others from using the Service.
(h) Harmful Code. You shall not post or transmit any file to this Service or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(i) Abusive Conduct. You shall not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
(j) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services that are not otherwise authorized by the Company.
If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:
b. DISCLAIMER OF WARRANTIES. THIS SERVICE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THE COMPANY FOR THE SPECIFIC PRODUCT PURCHASED BY USER, IF ANY. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SERVICE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT OR LOSS OF YOUR PAYMENT HISTORY OR PROFILE INFORMATION, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE SERVICE, SERVICE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE SERVICE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SERVICE, THE CONTENT, OR YOUR USER GENERATED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.
METal International, LLC
4778 La Villa Marina Unit G
Marina del Rey, CA 90292
Attn: Ken Rutkowski