Terms of Use

Composites and Architecture’s Terms of Use

(Last Modified: August 16, 2014)

 Composites and Architecture (“C&A”) is a blog created to provide information and inspiration on composite material use in architecture and design. It is intended for non-commercial, educational, and informational uses only.

All use of the Composites and Architecture web pages, any information, and content included therein (the “C&A Site”) is subject to the terms and conditions set forth in this terms of use policy (“Terms of Use Policy” or “Terms of Use”). By using the C&A Site, you represent that you are 13 years old or older and agree to abide and be bound by the following terms and conditions.

The terms “You” or “User” refer to the person who uses the C&A Site.

  1. Intellectual Property

The C&A Site and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, and/or third parties. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the C&A Site are owned by C&A, our licensors, or third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

These Terms of Use permit You to use the C&A Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the C&A Site in any way that would infringe the intellectual property rights of C&A, its licensors, or third parties.

  1. Copyright Take Down Procedure

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the C&A Site infringe your copyright, you may request removal of those materials (or access to them) from the C&A Site by submitting written notification to the designated contact listed below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the C&A Site, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Direct your Notices to:

Joshua Zabel
Kreysler and Associates
501 Green Island Road
American Canyon, CA  94503
+1 707-552-3500
joshua@kreysler.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Furthermore, it is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

  1. Website Access and Use

Access to the C&A Site including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. You may not rely on any information and opinions expressed on the C&A Site for any other purpose. When using the C&A Site, you agree to comply with all applicable federal, state, and local laws including, without limitation United States copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

  1. Website Content and Third Party Links

In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

In many instances, Website Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the C&A Site by anyone other than authorized personnel or spokespersons while acting in their official capacities.

If there is a dispute between persons accessing the C&A Site or between persons accessing the C&A Site and any third party, You understand and agree that we are under no obligation to become involved. If there is such a dispute, You hereby release C&A and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

The C&A Site may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for Your use of third-party links. We are not responsible for any content posted on third-party websites or liable to You for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.

  1. User’s Content

Users entering material into the C&A Site are responsible for the content of that material. By entering material into the C&A Site, Users grant to C&A a perpetual, irrevocable, worldwide, transferable, royalty-free and non-exclusive license to use, distribute, reproduce, modify, and publicly display the submitted material. However, C&A bears no responsibility for User’s content, including the content of any messages or information posted by Users or others, or for the content of information accessible by direct or indirect hyperlinks from the C&A Site. However, C&A retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete User’s material which C&A deems to be defamatory, illegal, offensive, in violation of the Terms of Use or otherwise inappropriate.

Users may not input, distribute, upload, post, email, transmit or otherwise make available any other content through the C&A Site that:

(1)  is promotional in nature, including solicitations for funds or business, without the prior written authorization of C&A, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;

(2)  is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(3)  You do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(4)  infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(5)  contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; or

(6)  is harmful to minors.

If you see any violations of these terms and conditions on the C&A Site, please email us at joshua@kreysler.com.

  1. No Warranties and Limitations on Liability

C&A makes no guarantees or warranties as to the accuracy or completeness of access and using the C&A Site, C&A’s content, content of third parties, or any other material that can be access by direct or indirect hyperlink or otherwise through the C&A Site. C&A shall not be liable to the User or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom. In no event will C&A or any of its third-party licensors be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or good will, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the C&A Site. User agrees that all demands of whatever kind assessed against C&A or any of its third-party licensors arising out of or relating to the use of the C&A Site shall not exceed one-hundred dollars ($100.00).

  1. Changes in Terms of Use Policy

C&A reserves the right to change the terms of this Terms of Use Policy. Changes will be posted on the C&A Site at the Terms of Use page. Use of the C&A Site following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

  1. Indemnification

You shall defend, indemnify, and hold harmless C&A, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the C&A Site, or otherwise from your User materials submitted to C&A, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. C&A reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with C&A in asserting any available defenses.

  1. Governing Law and Alternative Dispute Resolution

This Terms of Use Policy (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law. Any controversy or claim arising out of or relating to this Terms of Use Policy shall be settled by arbitration administered by the American Arbitration Association in according with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.