The Terms & Conditions Agreement (hereinafter referred to as ''Agreement'') is by and between: MachUsed.com (hereinafter referred to as ''MachUsed'' and/or ''Website'' and/or ''Site'' and/or ''We'' and/or ''Us'') and YOU as an individual user or as an individual but on behalf of your Company (hereinafter referred to as ''User'' and/or ''Customer'' and/or ''You'' and/or ''Your'').
If you are agreeing to the Agreement, you are agreeing the Agreement as an individual Customer or as an individual Customer on behalf of your Company. In addition to, if you are use Website for Advertising with us (hereinafter referred to as ''Service''), MachUsed will deem this action of agreeing our Agreement as agreeing to our Advertising Agreement (hereinafter referred to as ''Ads Agreement'').
The Services available on our website is owned and operate by us. The Services we offer is subject to your acceptance without modification of all Terms and Conditions contained herein and procedures that may published from time to time on Site.
MachUsed.com have and reserve the right, at its sole discretion, to modify the Terms and Conditions Agreement, Advertising Agreement and Privacy Policies from time to time as we deem appropriate to MachUsed.com, and by posting such changes on MachUsed.com, these changes shall be applied immediately. Any changes, modifications, deletion, addition are applied and effective immediately upon posting on Site otherwise shall be indicated by MachUsed. Your continue utilize and use the site after such modifications are posted, this will be deemed and constitute to us your agreeing and accepting of such modifications. This Agreement from time to time, subject to the terms in Section (Changes to this Agreement) below.
MachUsed reserve all the right to refuse, and cancel Services at our discretion, including but not limited to terminate and deactivate accounts, if we believe that Customer conduct violates applicable law, or is harmful to the our interests or our business, or our Customers, or affiliates, or licensors, or licensees of MachUsed.com.
Now therefore and in consideration of the mutual covenants, Terms and Conditions herein stipulated as following:
User represents and warrants (for individual or on behalf of company) to MachUsed that:
As a condition to using our Service, User may be required to register with MachUsed by unique email and select a password and user name (here in after referred to "MachUsed User ID"). User shall provide MachUsed with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account.
User may not (i) change email as it taken once in registration of first time; or (ii) select or use as a MachUsed User ID an email and/or name of another person with the intent to impersonate that person; or (iii) use as a MachUsed User ID an email and/or a name subject to any rights of a person other than User without appropriate authorization. MachUsed reserves the right to refuse registration of or cancel a MachUsed User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's password. If User allows third party sites or services to provide information to MachUsed, User is consenting to have such information from those accounts transmitted to User's MachUsed account. User agrees that User shall only use accounts owned by User, and not by any other person or entity. You must also update your information so that MachUsed may send notices, statements and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
Access to certain areas of this Site is restricted. MachUsed reserves the right to restrict access to other areas of this Site, or indeed this entire website, at MachUsed's discretion. When this Agreement has been accepted and agreed to by the User, the password that the User creates will soon be activated to enable you to access the Site. If User is provided with a user ID and password to enable access to restricted areas of this Site or other content or services, User must ensure that the user ID and password are kept confidential. MachUsed may disable your user ID and password in MachUsed's sole discretion without notice or explanation.
In the event your password is lost or stolen it is your responsibility to notify MachUsed by email in the "Contact Us" section.
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard and help prevent unauthorized access of, maintain data security for and correctly use the information we collect online. However, while such reasonable efforts are made to ensure the confidentiality of your private and personal information available as a result of your use of this Website, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.
User is solely responsible for User's interaction with other Service users (e.g. payment obligations). Because MachUsed is not the agent of either User or any other Users, MachUsed will not act as an agent to User or in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Service. If User has a dispute with one or more other Users of the Service, User shall and hereby does release and shall indemnify, defend and hold harmless MachUsed (and its officers, directors, agents, subsidiaries, joint ventures, employees and investors and their related entities) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Service and its contents are intended solely for the business use of the Service by users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Service (including, but not limited to text, graphics, articles, links, photographs, video, images, illustrations (also known as the "Content," and which includes User Submissions (as defined below)) may be protected by copyright. User shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by User: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
In the course of using the Service, User and other users may provide information which may be used by MachUsed in connection with the Service and for its business purposes, and which may be visible to certain other users. User understands that by posting information or "user content" (including without limitation text, images, links, audio material, video material and audio-visual material) on the Service such as for sale submissions, or other information meant to be visible and used by other users (collectively, "User Submissions"), MachUsed hereby is and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with providing the Service.
User understands that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that MachUsed will not be liable for any errors or omissions in any content. User acknowledges that all Content accessed by User using the Service is at User's own risk and User will be solely responsible for any damage or loss to any party resulting therefrom.
User may not use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site.
Subject to the terms and conditions of this Agreement, the software, and services provided in connection with the Service are solely for User's own business use, and not for the use or benefit of any third party. For clarity, User will not sell the Services or otherwise re-rent. MachUsed may change, suspend or discontinue the Service, including the availability of any feature, database or content, at any time. MachUsed may also impose limits on certain features and services or restrict User's access to parts or all of the Service without notice or liability.
Trademarks and Ads marks that may be referred to on this Site are the property of MachUsed or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of MachUsed or the MachUsed logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. Users are not authorized to use our logo as a hyperlink to this Site unless the User obtains MachUsed's written permission in advance, although MachUsed permits the User to use certain designated features of the Site to use the MachUsed logo as a hyperlink for designated purposes.
User agrees, obliges and warrants that User will not contribute any Content or otherwise use the Service in a manner that:
User warrants that User possesses all rights necessary to provide such content to MachUsed and to grant MachUsed the rights to use such information in connection with the Service and as otherwise provided herein. MachUsed reserves the right to remove any Content and Ads at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if MachUsed is concerned that User may have breached the immediately preceding sentence), or for no reason at all. User, not MachUsed, remains solely responsible for all Content that User uploads, transmits, posts, emails, or otherwise disseminates using, or in connection with, the Service. User is responsible for all of User's activity in connection with the Service. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to access or use the Service. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Service. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Service, or any processes that run or are activated while User is not logged on to the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service's infrastructure. You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any portion of the Service is strictly prohibited. User will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service. User will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with User activity in connection with the Service. User is prohibited to use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal or unlawful material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity.
User understands, obliged and agrees that MachUsed shall have the sole right to decide whether User is in violation of any of the restrictions set forth in this Section or to the entire terms of this Agreement, and shall have sole discretion regarding the course of action to take in connection therewith. MachUsed reserves the right to edit or remove any material submitted to this Site, or stored on MachUsed's servers, or hosted or published upon this Site. Notwithstanding MachUsed's rights under these terms and conditions in relation to user content, MachUsed does not undertake to monitor the submission of such content to, or the publication of such content on, this Site. Nor does MachUsed make any representations as to the accuracy of any information contained on the Site. User understands and agrees that should MachUsed request the deletion of a link or any other things that MachUsed see it violates to our Site that is within your control and User will delete the link promptly.
MachUsed not in or has a relationship with or representative to User and User acknowledges that MachUsed has no control over, and no duty to take any action for: what Content User accesses via the Service; which users gain access to the Service; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content; or any interactions amongst Users. User agrees to releases MachUsed from all liability for User having acquired or not acquired Content through the Service. MachUsed makes no representations concerning any content contained in or accessed through, or products or services obtained through the Service, and the SITE will not be responsible or liable for the copyright compliance, accuracy or legality material contained in or accessed or products or services obtained through the Service. MachUsed makes no representations or guarantees regarding the accuracy of descriptions anywhere on the Service or regarding suggestions or recommendations of services or products offered or purchased but not limited to through the Service. User guarantees' that it has undertaken its own investigation of all matters relating to the Services provided, including an investigation as to the condition of any Services provided by another User, and therefore has not received or relied upon any statements or representations by MachUsed concerning such matters.
To the greatest extent permitted by law, User will indemnify, defend and hold harmless MachUsed, its parents, subsidiaries, affiliates, officers, directors, employees, investors, successors and assigns (here in after referred to "indemnitees") from all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of actions, fines, or penalties (including without limitation, expert and attorneys' fees) directly or indirectly arising out of User's access to the Service, use of the Service, rental or use of equipment of any User, User's violation of this Agreement, or the infringement by User or any third party using User's account of any intellectual property or other right of any person or entity; the obligations under this paragraph shall apply notwithstanding active or passive negligence on the part of the indemnitee and regardless of whether User is at fault or has breached its obligations hereunder. This provision shall survive completion of any Services and shall continue in effect notwithstanding the termination or breach of any agreements between or among MachUsed and any Users. The obligations of this paragraph shall apply notwithstanding the existence of any insurance or rights, benefits or defenses under workers compensation laws, and shall survive the completion of any transactions or the termination of any agreements. If and to the extent that it is determined that this provision is subject to law, then the indemnity, defense, and hold harmless obligations hereunder shall be deemed to apply to the extent permitted by law, but no greater.
Used agrees that will not bring any personal claim against MachUsed's officers and employees in respect of any losses User suffer in connection with SITE or Services.
MachUsed Services may contains links to Third Party Websites or Services (hereinafter referred to as ''Third Party Services''). When User access Third Party Services, this action does so at User's own risk. User hereby represents and warrants that User have read and agree to be bound by all applicable policies of any Third Party Services relating to User's use of the Services and that User will act in accordance with those policies, in addition to User's obligations under this Agreement.
For any Third Party Services are completely out of MachUsed responsibility whatsoever content, privacy policies, sexual images or animation, accuracy or practices of or opinions expressed in. In addition, MachUsed will not and cannot control, monitor, verify, censor or edit the content of any Third Party Services. By using the Services, User expressly relieves and holds harmless MachUsed from any and all liability arising from User's use of any Third Party Services.
User's can terminate the Agreement at any time. MachUsed may terminate the Agreement or suspend User's access to the Services or User's membership at any time, for any reason, and without warning, which may result in destruction of all information associated with User's membership. If User breaches any of the Terms and Conditions of this Agreement, MachUsed will terminate or suspend any and all Services and access to the Site immediately without prior notice or liabilities. If User's account terminated whatsoever by User or MachUsed, The User's right to use the Services, access the Site and any content will immediately cease. All provisions of this Agreement shall survive termination including limitation of liability.
The captions and headings contained in this Agreement are constitute the entire Agreement between you as User and MachUsed in relation to your use of the Site and Service, and supersede all previsions Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MachUsed shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MachUsed's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by User except with MachUsed's prior written consent. MachUsed may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind MachUsed in any respect whatsoever.
MachUsed is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in the User's state or country.
MachUsed reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement, including any referenced policies and other documents, at any time. It is User's responsibility to check this Agreement periodically for changes. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. User's continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
The Article headings of this Agreement are for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Whenever the Agreement so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. The terms "hereof", "herein", "hereby", "hereto" and similar words refer to this entire Subcontract and not to any particular Article, Section, Exhibit or any other subdivision of this Subcontract. The words "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to" whether or not they are followed by such phrases or words of like import. Whenever this Subcontract refers to a number of "days", such number shall refer to calendar days unless Business Days are specified. Any reference to a "month" or a "year" shall be construed as a reference to a calendar month or year. The parties have participated jointly in the negotiations and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
User, in its use of the Service and its obligations hereunder shall fully comply with the provisions of all applicable laws, codes, ordinances, rules, regulations, standards, orders and decrees of any government or quasi-government entity having jurisdiction as modified during the existence of the Agreement (collectively, "Legal Requirements"). User agrees to indemnify and hold harmless MachUsed and its respective officers, directors, employees, and agents against any and all loss, cost, damage, fine, expense, or liability by reason, in whole or in part, of User's failure to comply with all applicable Legal Requirements. This provision shall survive completion or termination of this Agreement.
COPYRIGHT NOTICE - Copyright © 2016 MachUsed
Subject to the express provisions of these terms and conditions: (i) MachUsed and you, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (ii) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MachUsed’s Copyright Agent the following information required: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; (iv)Information reasonably sufficient to permit us to contact the complaining party by email address at ''email@example.com; (v) A statement that the complaining party has a good faith belief that use of the material is unauthorized; and (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you become aware of any use of MachUsed's copyright materials that contravenes or may contravene the license above, please report this by email at machused.com to ''firstname.lastname@example.org''.
Date of Last Revision: March 01, 2017