themachinemarket.com (“The Machine Market”) provides the The Machine Market Web site including the The Machine Market Home Page and other The Machine Market content (collectively, the “The Machine Market Site”) subject to your compliance with the terms and conditions below.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH themachinemarket.com OFFERS YOU ACCESS TO OUR SERVICES .
Please note: underlined words and phrases are links to these pages and websites.
We may amend this Agreement at any time by posting the amended terms on our site.
1. Membership Eligibility. Our services are available only to individuals and businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. You will provide true, accurate, and current information about yourself as requested by the sign up, registration or billing process. themachinemarket.com may refuse to offer the services to any person, corporation or organization and may change the criteria for eligibility, at any time, in its sole discretion. themachinemarket.com retains the right to terminate your account and your rights to use the services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current, inappropriate or incomplete, or if you are in breach of the terms and conditions of this Agreement.
2. Fees and Services. We charge commission for sales made through the site. Standard listings and featured listings are priced accordingly.
3. themachinemarket.com is a Venue.
3.1 1 themachinemarket.com is not a retailer or store, our site acts as a venue to allow anyone to offer, sell, and buy machines and parts and related items. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
3.2 Identity Verification. themachinemarket.com cannot and does not confirm each user’s purported identity. We encourage you to communicate directly with potential trading partners through the information available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release themachinemarket.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretence. Additionally, there may also be risks dealing with international trade and foreign nationals.
3.5 Monitoring themachinemarket.com has no obligation to monitor the themachinemarket.com However, you agree that themachinemarket.com has the right to monitor the themachinemarket.com electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the themachinemarket.com properly, or to protect itself or its subscribers. themachinemarket.com will not intentionally monitor or disclose any private electronic-mail message unless required by law. themachinemarket.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
4. Listing and Selling.
4.1 Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
4.2 Fraud. Without limiting any other remedies, themachinemarket.com may suspend or terminate your access if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
4.3 Manipulation. Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user’s listings or transactions.
4.4 Spam. themachinemarket.com will from time to time review submitted listings and reserves the right to remove any listings that appear to contain spam content. Users found to be submitting spam content will be removed from the site and no refunds will be issued for paid listings containing spam content.
5. Your Information.
5.1 Definition. “Your Information” is defined as any information you provide to us or other users in the listing or buying process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
5.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
5.3 License. Solely to enable themachinemarket.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
6. Access and Interference. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the themachinemarket.com site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to themachinemarket.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of themachinemarket.com or the appropriate third party.
7. Breach. Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
8. Privacy. We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of users’ privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United Kingdom that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
9. No Warranty. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. themachinemarket.com takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the themachinemarket.com Further, themachinemarket.com makes no representations about the suitability of any of the information contained in software programs, documents and related graphics on the themachinemarket.com for any purpose. All such software programs, documents and related graphics are provided without warranty of any kind. In no event shall themachinemarket.com be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
10. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
12. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
13. No Agency. You and themachinemarket.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to themachinemarket.com Attn: The Greene Partnership LLP, 10th Floor Maple House, Suite A, Potters Bar, Herts, EN6 5BS, United Kingdom (in the case of themachinemarket.com) or to the email address or postal mail address you provide to themachinemarket.com (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to themachinemarket.com In such case, notice shall be deemed given 3 days after the date of mailing.
15. Additional Terms. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
16.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by themachinemarket.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the themachinemarket.com site operations, intellectual property, and our services shall be submitted to the exclusive jurisdiction of the English Courts.
16.2 We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
16.3 You agree that this Agreement and all incorporated agreements may be automatically assigned by themachinemarket.com, in our sole discretion, to a third party in the event of a merger or acquisition.
16.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
16.5 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16.6 This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 11 (Liability Limit), 12 (Indemnity) and 16 (Arbitration) shall survive any termination or expiration of this Agreement.
16.7 If you are dissatisfied with the themachinemarket.com services or with any terms, conditions, rules, policies, guidelines, or practices of themachinemarket.com in operating the website, your sole and exclusive remedy is to discontinue using the themachinemarket.com
17. Disclosures. The services hereunder are offered by themachinemarket.com, having its registered office at 10th Floor Maple House, Suite A, Potters Bar, Herts, EN6 5BS, United Kingdom. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Disputes between you and themachinemarket.com regarding our services may be reported to Customer Support by email to [email protected] . We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.