Aluminum Man

Organize a Day of Games with Friends!

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Terms of Use

Last Updated: 02.14.2025

Last Reviewed: 02.14.2025


1. Acceptance of the Terms of Use.

These terms of use, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), are entered into by and between you and Material Man LLC ("Material Man," "Company," "we," or "us"), and govern your access to and use of (a) Material Man websites, including https://www.materialmangames.com ("Website"); (b) any Material Man mobile application; and (c) goods or services purchased through the Website or mobile application (items (a)-(c), collectively, the "Services").

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN AN ARBITRATION REQUIREMENT AND A CLASS-ACTION WAIVER BELOW.

By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years of age. If, despite the foregoing restriction, you are using the Services on behalf of someone under 18, you (a) represent and warrant that you have the ability to enter into these Terms of Use on their behalf and (b) hereby commit them to the Terms of Use.

2. Services.

Subject to your compliance with these Terms of Use, the Services will provide you with tools to put together a day spent playing games with friends. This includes all the tools necessary to choose a date to play, add games (from our library or make up your own), and invite your friends. Material Man will help manage invitations and communications, help coordinate gathering any equipment that's needed, send reminders, and help provide your friends with information about what to expect. Please note that you will at all times be responsible for ensuring your games, equipment, location(s), and participants are safe: Material Man is not responsible for any property damage or injuries arising from your use of our Services.

3. Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time so you are aware of any changes.

4. Payment.

We may charge for certain functionality. Any applicable fees will be disclosed at the time you try to access that functionality, and we may change our fees from time to time in our sole and absolute discretion.

All payments are due in advance and nonrefundable. You agree to pay all amounts (including applicable taxes and any processing fees) when due. We may terminate your access to the Services if you fail to pay all amounts when due.

5. Accessing the Services and Account Security.

Although we will use reasonable efforts to make the Services available on a regular basis, we reserve the right to withdraw or amend the Services or any of their contents in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Services.

To access certain Services, you may be asked to provide certain registration details or other information. All information you provide must be correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for all actions taken using your username, password, and other security information.

We have the right to suspend or terminate your access to the Services at any time in our sole discretion for any reason, including if we have determined that you have violated these Terms of Use.

6. Intellectual Property Rights.

Except for User Contributions (as defined below), as between you and Material Man, the Services and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Material Man or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, except as may be (a) expressly permitted under these Terms of Use, such as to plan and execute your day of games with friends, (b) necessary to access and view those materials for your personal and non-commercial use, or (c) permitted in a separate agreement signed by Material Man.

Without limiting the foregoing, you may not:
  1. Modify copies of any materials from the Services.
  2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you wish to make any use of materials available through the Services other than as set out in this section, please address your request to play@materialmangames.com.

If you breach these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Material Man. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

7. Trademarks; Affiliation with Company.

The Company name, the Material Man word and design trademarks, and all related names, logos, product and service names, designs, graphics, and slogans are intellectual property owned by Material Man or its licensors. You may not use such intellectual property without the prior written permission of Material Man.

You are prohibited from stating or suggesting that you are affiliated with or endorsed by Material Man without the prior written permission of Material Man.

8. Prohibited Uses.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
  1. In any way that violates any applicable law or regulation.
  2. For the purpose of exploiting, harming, or attempting to exploit or harm any person.
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use or our community guidelines.
  4. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  5. To impersonate or attempt to impersonate any person or entity (including, without limitation, by using email addresses or usernames associated with or suggesting an affiliation with any of the foregoing).
  6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Material Man or users of the Services, or expose them to liability.

Additionally, you agree not to:
  1. Lease, loan, trade, sell/re-sell, or otherwise monetize the Services or related materials or access to the Services.
  2. Use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.
  3. Use any robot, spider, or other automatic device or process to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  4. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use.
  5. Use any device, software, or routine that interferes with the proper working of the Services.
  6. Introduce any viruses, malicious code, or other material that is malicious or technologically harmful.
  7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services.
  8. Attack the Services via denial-of-service attack or a distributed denial-of-service attack.
  9. Otherwise attempt to interfere with the proper working of the Services.

9. User Contributions.

The Services provide certain features that allow users to add games, invite others to events, communicate with invitees, send reminders, and to transmit to Material Man and other users content, including without limitation photos, videos, audiovisual content, and written questions, answers, and comments (collectively, "User Contributions").

All User Contributions must comply with these Terms of Use.

Any User Contribution you transmit will be considered non-confidential and non-proprietary. By transmitting any User Contribution, you grant us the right to use, reproduce, modify, perform, display, distribute, make derivative works of, and otherwise disclose to third parties any such material for any purpose. This includes, without limitation, the ability to use and share any games you share with Material Man with other Material Man users.

You represent and warrant that:
  1. You own or control all rights in and to the User Contributions, or otherwise have the right to grant the license granted above.
  2. With respect to the people you invite to participate in events, you have their permission to share their contact information with Material Man.
  3. All of your User Contributions will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Material Man, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

10. Community Guidelines.

We will require users of our Services to treat each other with respect, and expect that interactions will focus on planning and participating in games. We set forth the following community guidelines so users can understand our expectations.
  1. Keep comments and other feedback positive and productive. Recognize that users of the Services will be at different levels of experience and expertise.
  2. No personal insults, harassment, bullying, threats, or aggressive language should be used.
  3. Do not repeatedly contact others with unwanted messages or use any information from the Services to engage in repeated unsolicited communications or otherwise harass other users.
  4. No advertising your business services.
  5. No sharing, or threatening to share, other users' personal or confidential information without their consent.
  6. No sharing content that violates the intellectual property rights of others.
  7. You may use a user ID or screenname that is different from your real name, but you may not impersonate another person or entity.

If you believe there has been a violation of these community guidelines, please contact us at play@materialmangames.com. A violation of these community guidelines is a violation of the Terms of Use and may result (in Material Man's sole discretion) in you being suspended from using, or permanently banned from using, the Services.

11. Monitoring and Enforcement; Termination.

We have the right to:
  1. Remove or refuse to post any User Contributions for any reason in our sole discretion.
  2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Material Man.
  3. Disclose your identity or other information about you to investigate third-party complaints, such as complaints related to intellectual property or privacy rights.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  5. Terminate or suspend your access to all or part of the Services for any reason, including without limitation any violation of these Terms of Use.

Please note that we cannot review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

Complaints concerning content posted or shared to the Services may be sent to play@materialmangames.com.

12. Copyright Infringement.

If you believe that any content accessible on or from the Services infringes your copyright, you may request removal of that content (or access to it) under the Digital Millennium Copyright Act ("DMCA") by providing a written notice to our copyright agent (DMCA-1062239) containing the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work that you claim has been infringed;
  3. Identification of the allegedly infringing material and where that material is located on the Service, in a sufficiently precise manner to allow us to locate the material;
  4. Your name, address, telephone number, and email address;
  5. A written 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; and
  6. A signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our copyright agent for notice of claims of copyright infringement can be reached as follows: play@materialmangames.com.

It is the policy of Material Man to terminate the user accounts of repeat infringers.

13. Reliance on Information Posted.

The information presented through the Services is made available solely for general information and entertainment purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Without limiting the foregoing, the Services may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Material Man. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.

14. Changes to the Services; Feedback.

We may update the Services from time to time, but content available through the Services is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

If you provide suggestions or other feedback regarding the Services, we may use and share such feedback for any purpose without compensation or credit to you.

15. Information About You and Your Visits to the Services.

All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy.

16. Other Terms and Conditions.

Additional terms and conditions may apply to specific portions, services, or features of the Services, or goods or services available for purchase through the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

17. Links from the Website.

> If the Services contain links to other sites or resources provided by third parties, these links are provided for your convenience only. This includes without limitation advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party advertisements, sponsored links, or websites linked from the Services, you do so entirely at your own risk and subject to the applicable third party's terms and conditions.

18. Geographic Restrictions.

Material Man is based in the United States and the Services are intended for use only in the U.S. We make no claims that the Services are accessible or appropriate outside of the U.S. Accessing the Services from countries or territories where such access is illegal is prohibited. If you access the Services from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.

19. Risks; Liability Waiver.

YOU UNDERSTAND AND ACCEPT THAT THERE ARE A VARIETY OF INHERENT RISKS ASSOCIATED WITH PLAYING GAMES OFFERED THROUGH THE SERVICES, AND THAT THESE RISKS CANNOT BE CONTROLLED OR ELIMINATED BY MATERIAL MAN. THESE INCLUDE, WITHOUT LIMITATION, RISKS ASSOCIATED WITH FALLING, OVEREXERTION, VARIABLE CONDITIONS SUCH AS TERRAIN, VEGETATION, ROCKS, AND OTHER OBSTACLES, FACILITIES, WEATHER, WILDLIFE, VEHICLE TRAFFIC, ACTIONS OF AND COLLISIONS WITH OTHER PEOPLE, DEFECTIVE, BROKEN, OR IMPROPERLY MAINTAINED EQUIPMENT, GROUNDS, FACILITIES, OR PROPERTY, LACK OF ADEQUATE HYDRATION OR NUTRITION, AND THE ACTIONS OR OMISSIONS OF OTHERS, INCLUDING OTHER PARTICIPANTS, PASSERS-BY, OR SPECTATORS. YOU UNDERSTAND AND ACCEPT THAT YOUR USE OF THE SERVICES MAY RESULT IN DAMAGE TO YOUR PROPERTY, THE PROPERTY OF OTHERS, AND SERIOUS INJURIES RESULTING IN DISABILITY, PARALYSIS, OR DEATH. YOU VOLUNTARILY AGREE TO ACCEPT ALL SUCH RISKS BY USING THE SERVICES, AND TO BE RESPONSIBLE FOR YOUR OWN HEALTH, WELL-BEING, AND SAFETY.

BASED ON THE FOREGOING, YOU FULLY AND FINALLY RELEASE, EXONERATE, WAIVE, AND DISCHARGE MATERIAL MAN, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "COMPANY INDEMNITIES") FROM ANY CLAIM FOR ANY BODILY INJURY, DEATH, DISABILITY, PARALYSIS, PROPERTY DAMAGE OR THEFT, OR OTHER LOSS OF ANY KIND CAUSED BY OR ARISING FROM THE SERVICES. YOUR RELEASE EXTENDS TO YOUR SPOUSE, PARTNER, CHILDREN, PARENTS, GUARDIANS, HEIRS, NEXT OF KIN, AND ANY LEGAL OR PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS.

20. Disclaimer of Warranties.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation of Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ANY COMPANY INDEMNITEE BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ON THE SERVICES, OR ANY GOODS OR SERVICES OBTAINED THROUGH USE OF THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Indemnification.

You agree to defend, indemnify, and hold harmless Company Indemnitees from and against any claims, liabilities, damages, judgments, awards, losses, costs, fees (including reasonable attorneys' fees), or expenses (collectively, "Claims") arising out of or relating to your violation of these Terms of Use or your use of the Services. Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Company Indemnitees from and against any Claims asserted by any third party arising from any injuries or property damage resulting from use of the Services.

23. Governing Law; Mandatory Arbitration; Class-Action Waiver.

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

To the fullest extent provided by law, any dispute arising out of or relating to the Services or these Terms of Use will be resolved by individual, confidential, and binding arbitration in White Salmon, Washington, administered by Arbitration Service of Portland, Inc., or its successor in interest, in accordance with its then-current commercial arbitration rules. The arbitration will be held before a single arbitrator. Nothing in these Terms of Use prohibits a party from seeking emergency relief (e.g., preliminary injunction) from a court of competent jurisdiction pending resolution by arbitration. You understand and acknowledge that arbitration will be on an individual basis, and you are therefore waiving your right to participate as a plaintiff or class member in any purported class action or representative proceeding. If you wish to opt out of the class-action waiver or arbitration requirement, you may do so by emailing us at play@materialmangames.com with "Opt-Out" in the subject line. To be effective, we must receive your opt-out message within 30 days of when you first access the Services.

24. Waiver and Severability.

No waiver by Material Man of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Material Man to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

25. Entire Agreement.

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Material Man regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If you have any questions or would like to request additional information, you may contact us at play@materialmangames.com.

© 2024-2025 Material Man LLC. All Rights Reserved.