Terms and Conditions of Use
Copyright Policy
All materials contained on this Web site (including text, content, photographs, video, and audio) are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, broadcast, or modified in any way without the prior written consent of NCSEA Media (together with its subsidiaries and affiliates, e.g., STRUCTURE magazine), or in the case of third-party materials, the owner of that content. You may not alter or remove any trademark, copyright, or other notice from copies of this content.
Notwithstanding the foregoing, you may download material from this Web site (one machine-readable copy and one print copy per page) for your own personal, noncommercial use only.
For further information, please contact the STRUCTURE magazine at privacy@STRUCTUREmag.org
Terms And Conditions of Use
Effective Date: October 1, 2021
Thank you for visiting our site. In these Terms and Conditions of Use, “we” or “us” or “STRUCTURE” refers to NCSEA Media and its subsidiaries, divisions, and affiliates as it relates to the STRUCTUREmag.org website.
By accessing or using a site, you agree that you have read, understand, and agree to be bound by these Terms and Conditions of Use, as amended from time to time, as well as the STRUCTURE magazine Privacy Policy.
The Sites are intended to be used by U.S. residents 18 years of age or older. You hereby represent and warrant that you are a U.S. resident at least 18 years old.
Privacy
STRUCTURE’s use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy, which is hereby incorporated by reference into these Terms and Conditions of Use. For more information, please see our full Privacy Policy.
Site Use Guidelines
Any information regarding codes, standards, specifications, technical data, etc. that are provided on any Site are for your information only. Drawings and diagrams may not be to scale. Some of the products discussed may no longer be available. Some information provided may not be current or may have changed since the last time you viewed or downloaded it. Always verify national and local codes. ALL INFORMATION AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT IN ANY WAY REPRESENT OR WARRANT THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION PROVIDED, AND ALL INFORMATION IS PROVIDED SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. All specific questions about products and availability should be addressed to the manufacturer of the particular product. You agree to use the Sites only for lawful purposes.
Specifically you agree not to do any of the following: (1) use the Sites to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) misrepresent an affiliation with any person or organization; (3) restrict or inhibit use of the Sites by others; (4) collect information about others (including e-mail addresses) without their consent; (5) download a file or software or include in a message any software, files, or links that you know, or have reason to believe, cannot be distributed legally over the Sites or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Sites); or (6) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by STRUCTURE, may harm NCSEA Media or users of the Sites or expose them to liability.
Any content and/or opinions uploaded, expressed, or submitted to any publicly available section of the Sites, and all articles and responses to questions, other than the content provided by STRUCTURE, are solely the opinions and responsibility of the person or entity submitting them, and do not necessarily reflect the opinions of STRUCTURE. You retain your rights in whatever content you submit to publicly available sections of the Sites (“User Content”) and you understand and acknowledge that you, not STRUCTURE, have full responsibility for your User Content, including its legality, accuracy, reliability, and appropriateness. By uploading or otherwise transmitting User Content to any area of the Sites, you represent and warrant that the User Content is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Sites. You grant to STRUCTURE the perpetual, worldwide, nonexclusive, irrevocable, royalty-free right and license to use all User Content you upload or otherwise transmit to the Sites in any manner STRUCTURE chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it. Such use may include, without limitation, use for syndication purposes or use on other websites and in all other forms of media now known or hereafter developed, including without limitation in e-mail, text messages, mobile applications, or print. You acknowledge that other users of the Sites may search for, see and/or use the User Content that you make available on the Sites. Please take into consideration such exposure to other users when deciding whether to make your content available as User Content. You understand that all User Content is non-confidential for all purposes.
STRUCTURE reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Sites which STRUCTURE, in its sole discretion, deems inconsistent with the foregoing commitments, including any material STRUCTURE has been notified, or has reason to believe, constitutes a copyright infringement. However, STRUCTURE can neither review all material before it is posted on the Sites nor ensure prompt removal of objectionable material after it has been posted. Accordingly, STRUCTURE assumes no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. STRUCTURE reserves the right to take any action it deems necessary to protect the personal safety of users of the Sites and the public; however, STRUCTURE has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Proprietary Rights to Content
You acknowledge and agree that, except for User Content, the entire contents of the Sites (including all information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material) and the design, selection, collection, arrangement, and assembly thereof, are proprietary to STRUCTURE or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets, and other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. You are authorized to use the content on the Sites only for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of STRUCTURE. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, distribute, remove, delete, augment, add to, participate in the transfer of, license or sell any of the material on the Sites without the prior written consent of STRUCTURE, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of a Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material on the Sites are transferred to you but remain with STRUCTURE or the applicable owner of such content. Except as expressly authorized by STRUCTURE in writing, you may not reproduce, sell, or exploit for any commercial purposes (1) any part of a Site, (2) access to a Site, or (3) use of a Site or of any services or materials available through a Site. Once you upload content to the Sites as User Content, the foregoing paragraph will apply to the User Content as it appears on and is a part of the Sites, but not to your use of such content separate from the Sites.
Access and Interference
You agree that you will not (a) use any robot, spider, or other automatic device, process, or means to access a Site, (b) use any manual process to monitor or copy any of the material on a Site or for any other unauthorized purpose without the prior written consent of STRUCTURE, (c) use any device, software, or routine that interferes with the proper working of a Site, (d) attempt to interfere with the proper working of a Site, or (e) take any action that imposes an unreasonable or disproportionately large load on STRUCTURE’s infrastructure.
Trademarks
The STRUCTURE name, and all related names, logos, product and service names, designs and slogans are service marks or trademarks of STRUCTURE. They may not be used or displayed without our prior written consent. All other trademarks, product names, and company names and logos appearing on the Sites are used for identification purposes only and may be the trademarks of their respective owners.
Dealings with Other Merchants
If you choose to correspond, participate in a promotion, or engage in transactions with any merchant (or other third party) found on or through the Sites, you acknowledge and agree that STRUCTURE is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that STRUCTURE will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on a Site.
Liability of STRUCTURE and its Licensors
STRUCTURE does not assume any liability for the materials, information, and opinions provided on, or available through, the Sites. You expressly understand and agree that: a.) YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, THE SITES’ CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ALL USER CONTENT IS THE RESPONSIBILITY OF THE OWNER OF SUCH USER CONTENT, NOT STRUCTURE. NEITHER STRUCTURE NOR ANY PERSON ASSOCIATED WITH STRUCTURE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABLITY OF THE SITES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. b.) SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER STRUCTURE NOR ANYONE ASSOCIATED WITH STRUCTURE WARRANTS OR REPRESENTS THAT THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITES, THE SITES’ CONTENT, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SITES, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. c.) ANY DOWNLOADING OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. d.) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL STRUCTURE OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, THE SITES’ CONTENT, ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PROVIDED ON OR THROUGH THE SITES OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF DATA, FILES OR ELECTRONIC COMMUNICATIONS, ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE SITES’ CONTENT OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, WHETHER OR NOT THERE IS NEGLIGENCE BY STRUCTURE AND WHETHER OR NOT STRUCTURE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
Waiver of Jury Trial
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR ANY TRANSACTIONS ENTERED THROUGH THE SITES.
Indemnification
You agree to indemnify and hold harmless STRUCTURE and its officers, directors, agents, co-branders or other partners, employees, third-party information providers, licensors, contractors and others involved in the Sites or the delivery of products, services or information over the Sites, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use (including without limitation the Privacy Policy), your use of any Site or any products, services or information obtained from or through the Sites, your submission of any User Content, your connection to the Sites, or your violation of any rights of another.
Export Control
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Sites to either a foreign national or a foreign destination in violation of such laws. You are responsible for the compliance with such laws of any User Content that you submit.
Links to Third Party Sites
The Sites may contain links to other websites on the internet. STRUCTURE is not responsible for the content, products, services, or practices of any third-party websites, including without limitation sites linked to or from the Sites, sites framed within a Site or third-party advertisements, and does not make representations regarding their quality, content, or accuracy. The presence of links from a Site to any third-party website does not mean that we approve of, endorse, or recommend that website. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any third-party website. Your use or third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Social Media Sites
A Site may contain links to third party social media sites, such as Facebook, Twitter, or YouTube. STRUCTURE makes pages available on any such sites for informational purposes only, subject to the guidelines and/or disclaimers applicable to such pages. Your use of STRUCTURE’s pages on social media sites are subject to the guidelines and disclaimers posted by STRUCTURE on such sites as well as these Terms and Conditions of Use. Any such guidelines and/or disclaimers are hereby incorporated by reference into these Terms and Conditions of Use:
Submissions
Any and all communications or materials that you send for use by STRUCTURE or its advertisers or business partners by electronic mail or otherwise, including without limitation any comments, data, materials, techniques, questions, suggestions, proposals, ideas, copyrightable subject matter, or the like (“Submissions”), are and will become the property of STRUCTURE. You agree that all intellectual property rights in and to your Submissions are transferred to STRUCTURE and that you give up any claim that any use of the Submissions violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such Submissions. Any Submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by us anywhere in the world, in any medium, forever. Furthermore, we are free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to a Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. However, you understand and agree that we are not obligated to use any such Submissions and you have no rights to compel such use.
Applicable Law
These terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions of Use will be filed exclusively in the state or federal courts located in Illinois, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
International Use
We make no representation that materials on the Sites are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
General Information
These Terms and Conditions of Use, as they may be amended from time to time, constitute the entire agreement and understanding between you and STRUCTURE governing your use of the Sites, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use a particular Site, affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect. Neither a course of dealing or conduct between you and STRUCTURE nor any trade practices shall be deemed to modify these Terms and Conditions of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use. Any rights not expressly granted herein are reserved by and for STRUCTURE.
Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on a Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. a description of the copyrighted work that you claim has been infringed; 3. identification of the URL or other specific location on the Site where the material that you claim is infringing is located; 4. your address, telephone number, and e-mail address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on the Sites can be reached at: Legal Department (20 N. Wacker Drive, Suite 750, Chicago, IL 60606 or by email privacy@STRUCTUREmag.org.
Modification of Agreement
Notice of all changes to these Terms and Conditions of Use will be posted on the Sites. Such revised Terms and Conditions of Use will apply to the use of the Sites after they are posted. You will have the time set forth in such notice to inform us if you do not agree with the changes. If you do not agree with the changes in the Terms and Conditions of Use, your sole remedy is to discontinue the use of the Sites. BY USING THE SITES AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS OF USE, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.
Notices
All notices provided for under these Terms and Conditions of Use are to be provided by posting. Any inquiries concerning these terms and conditions of use should be directed to the STRUCTURE Legal Department by clicking here.