China Machine - Digital Marketplace for China Machine

Machine365.com Member Agreement

Terms and Agreement

AS USING OF OUR WEBSITE, MACHINE365.COM ,YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND AGREEMENT (collectively referred to as "Terms") CONTAINED HEREIN.

PLEASE READ THESE TERMS AND AGREEMENT CAREFULLY BEFORE USING MACHINE365.COM.

As an owner of MACHINE365.COM and its subsidiaries, Hangzhou Vertical Net Co. reserves all the rights and authorities to modify and update these Terms at anytime, without prior notice, by updating this posting.

Any posted changes are effective immediately and your continued use of MACHINE365 contents and services constitutes your agreement that you've read all of these Terms and Agreement acceptance that you respect them in their entirety. Unless explicitly stated otherwise, any new and present features that augment or enhance MACHINE365 shall be subject to this agreement.

Copyrights & Licenses

All MACHINE365 contents, such as all the information through/at Machine365 including text, graphics, logos, button icons, and images, belong to Machine365.com and are expressly managed by Machine365.com. The compilation of the Machine365 contents and/or the contents on Machine365 is the sole property of Machine365.com and is protected by Copyright and Trademark Laws.

This site or any portion of this site can not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Machine365.com or the third party content provider to Machine365.

You further agree to grant to Machine365 a non-exclusive and royalty free with the right to sublicense, reproduce, transmit, distribute, create any derivative works of, publicly use or display any materials or information you publish or provide to Machine365 by means or by any media now known or hereafter developed.

By your acceptance of the Terms, you also grant to Machine365 all the rights to use your name or company information in connection with the submitted materials and other information as well as in connection with any or all the advertising, marketing and promotional materials related thereto.

Machine365 is only a venue for trading. Machine365.com acts as the venue for users to locate people to trade with and to negotiate the quality of goods and services. Yet, we are not certainly involved in the actual transaction between trading partners. As a result, we have no control over quality, safety or legality of the provider's items in trades, the truth or accuracy of the items and their information, the ability of traders to fulfill their obligation in any trade agreement. We will not and can not control whether traders will complete their part of a trade or not.

Membership Registration Obligation

As registering for Machine365 including membership and services, you agree to these statements:

You have provided true, accurate, current, valid, and complete information about yourself or representing company, as prompted by the member information form at "Join Now" and My Office. Therefore, you may maintain and promptly update the member information to keep it true, accurate, current, valid, and complete.

If you provide or attempt to grant any information, that is untrue, inaccurate, invalid, or incomplete, Machine365 has the rights and authorities to suspend or terminate your registration and refuse any and/or all current or future use of our service (or any portion thereof). If you have registered for Machine365 on behalf of a company or other entity, you represent and warrant that you have the authority to bind such company or other entity to the Terms so as an individual.

Membership Eligibility

Machine365 contents may be provided only to an individual or company that currently runs valid and legitimate business and can form legally binding contracts under applicable law.
Without limiting the foregoing, Machine365 services are not available to minors. If you do not qualify, you should not use Machine365 services.
Machine365 currently provides the individual or company with the three types of membership:
Free, Economy, and Premium Membership.

(1) Free Member
A Free Member is an individual or company entity that completes a Free Membership Application and is approved by Machine365.com, thereby agreeing to be bound by the Terms and Agreement as described herein.

A Free Member has initial privileges as set out at www.Machine365.com. Notwithstanding anything to the contrary in these Terms and Agreement, Machine365.com may, in its sole discretion, refuse to accept an application for membership without giving any reason or notification.

(2) Economy Member
An Economy Member is an individual or company entity that completes an Economy Membership Application, remits the applicable membership fee as set forth in Machine365 and is approved by Machine365.com, thereby agreeing to be bound by the Terms and Agreement as described herein.

An Economy Member has the privileges as set out at www.Machine365.com

---- (restricted to the Premium Member Privileges only).
Notwithstanding anything to the contrary in these Terms and Agreement, Machine365.com may, in its sole discretion, refuse to accept an application for membership without giving any reason or notification.

(3) Premium Member
A Premium Member is an individual or company entity that completes a Premium Membership Application, remits the applicable membership fee as set forth in Machine365 and is approved by Machine365.com, thereby agreeing to be bound by the Terms and Agreement as described herein.

A Premium Member has the privileges as set out at Machine365.com

Machine365.com may change, add, or remove services and/or privileges available to any types of Membership at any time without notice.
  
Fees 
Premium & Economy Members pay an Annual / 2 Years / 3 Years membership fee to incurred when using Machine365 fee based contents related to their membership.
Member is responsible for paying all applicable taxes and costs that the member incurs in using Machine365.com.

Machine365.com may at its sole discretion add to, delete, or change some or all of the contents of Machine365.com or its functionality, or change the applicable fees for using Machine365.com at any time.

All paid membership fee will not be refunded although you request to terminate your membership before the expiry of the membership period.

Membership ID & Password and Protection 
During the registration process, you will be assigned a member ID and Password. You are solely responsible for maintaining the confidentiality of your Member ID and Password, and for all activities that occur under your Member ID and password.
You agree to immediately notify Machine365 of any unauthorized use of your Member ID or Password or any other breach of security, and ensure that you properly log out from the web site at the end of each session.

Machine365 cannot and will not be liable for any damage arising from your failure to comply this paragraph.

User Rules of Conduct 
As using Machine365, you should agree to the following rules.
Any violation of the following rules is automatically considered a material breach of these Terms and forfeiture of any access to Machine365:

Using Machine365 in violation of local, state, national, or international laws;

Posting or transmitting any trade leads, information, data, text, files, links, chat, communication, or any other materials that are unlawful, harmful, illegal, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by Machine365.com in its sole discretion

Providing false information on your registration form or impersonating any person

Crude talking, harassing, or otherwise harming others

Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, "junk mail," "spam," "chain letters," or any unsolicited mass distribution of email

Posting surveys, contests, or pyramid schemes

Posting material that infringes on the intellectual property rights of others

Distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another computer

Engaging in any other conduct that inhibits any other user from accessing or enjoying Machine365.

Acting in any other manner, which in Machine365.com , in its sole discretion finds unacceptable
Please refer to Privacy Policy and Machine365 24hours Scam Alert regarding the policy upon scams, frauds, and their attempts and intentions. 
 
Security and Non-assign Ability 
Members should not assign or transfer access privileges to any other person or entity. Members must promptly inform "Machine365.com" of the following:

(1) Changes in contact information
   (2) Apparent breaches of security, such as theft or unauthorized disclosure of data.
         Unless Machine365.com is notified on a breach in security, the Member will remain liable for both any unauthorized and authorized use of the services.
  
Releases 
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Machine365 from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with such disputes. 
 
Links to Other Websites 
This web site may contain links to other websites that are controlled by parties other than Machine365.com. Please be aware that Machine365.com is not responsible for any use of such other websites, even when said website is accessed through a link from Machine365. Machine365.com does not control these websites and bears no responsibility or liability for, nor should Machine365.com be deemed in any way to endorse or approve of, the contents, products, services and information on the linked website. Any questions concerning your use of other websites must be directed to the respective website's owners. 
 
Use by Minors 
Machine365 provides its content and services to users involved in international trade and is not intended for use by minors. Pursuant to the Children's Online Privacy Protection Act, Machine365.com does not knowingly register or collect any information by a minor, under the age of 13. 
 
Disclaimer of Warranties 
We will try very hard to maximize your profit with Machine365. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions.
For this reason, you expressly understand and agree that your use of the service is at your own risk.
Machine365 expressly disclaims 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. Machine365 makes no warranty that:

The service will meet your requirements.

The service will be uninterrupted, timely, secure, or error-free.

The results that may be obtained from the use of the services will be accurate or reliable.

The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

Any material downloaded or otherwise obtained through use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Machine365 or through or from the service shall create any warranty not expressly stated in the agreement. 
 
Limit of Liability 
You expressly understand and agree that Machine365 shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Machine365 has been advised of the possibility of such damages), resulting from:

The use or the inability to use the service

The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchases or obtained or messages received or transactions entered into through or from the service

Unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; any other matter relating to the service 
 
Indemnification 
You agree to indemnify and hold Machine365 and our affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a 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. 
 
Entire Agreement 
The Terms contained within this Agreement constitute the entire agreement and understanding between Machine365.com and the User, superseding any previous understanding between Machine365.com and the User. Furthermore, User agrees that they have not relied upon any representations or warranties that are not set forth expressly in these Terms. 
 
Choice of Law and Venue; Export Control 
The agreed upon Terms shall be governed and construed by the laws of the State of New York and laws and treaties of the United States. As for venue, any action or proceeding arising out of or relating to these Terms shall be filed in, heard and litigated solely before the state or federal courts located within the State of New York, County of New York. All parties generally and unconditionally accepts the exclusive jurisdiction of such courts and to venue therein and waives any defense or right to object to venue in said courts based upon the doctrine of "Forum Non Convenient". Each party irrevocably agrees to be bound by any judgment rendered thereby in connection with these Terms.

Machine365.com makes no representation that the contents and services of Machine365 are appropriate or available for use in any other location than the United States, and access to them from territories where their content and services are illegal is prohibited. You may not use or export the contents of Machine365 in violation of Chinese export laws and regulations. 
 
Force Majeure 
Machine365 shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.