These Terms and Conditions govern your use of the website at www.machine2live.com (≪MACHINE2LIVE≫), which is owned and maintained by GlobalConnexion Inc. (≪GCNX≫ or ≪we≫). Please ensure that you read these Terms and Conditions carefully. They explain our responsibilities to you and your responsibilities to GCNX as indicated. They also include provisions that limit our liability to you. If there is anything that you do not understand, please contact our Customer Support Center as set out at the end of these Terms and Conditions.
You will be deemed to have accepted these Terms and Conditions when you click ≪I Accept≫ on registering via MACHINE2LIVE. Acceptance of these Terms and Conditions is a precondition of your using MACHINE2LIVE; if you do not accept, you will not be permitted to use MACHINE2LIVE.
About MACHINE2LIVE
/MACHINE2LIVE is an online resource of machineries (Metal Working Machines, Construction Machines, Chemical Machines…etc), equipments andor any other related products and services, to locate one another, and to enrich the sale and purchase of these goods.
Member Features
GCNX requires any individual or entity to register if they wish to use MACHINE2LIVE or to access much of the information available on MACHINE2LIVE.
We hope that the information we provide on MACHINE2LIVE will be helpful to you; however, despite our efforts to provide useful and accurate information, errors may appear from time to time. Circumstances beyond our control may occasionally make MACHINE2LIVE unavailable; data transmissions may be interrupted; and we may provide links to other sites whose content we cannot monitor or otherwise manage. Before relying on any information that may be available on MACHINE2LIVE, you should confirm that the information is correct. GCNX is not responsible for and does not guarantee the accuracy or reliability of any information available on MACHINE2LIVE.
Registration and Passwords
To make use of MACHINE2LIVE, visitors need to register with MACHINE2LIVE and provide certain information as part of the registration process and send us company registration certificate or equivalent documentation. The information you provide allows us to make MACHINE2LIVE more useful and provide safety between users and visitors. Supplying these information is compulsory, and must be sent to us by E-mail or FAX to be arriving to our office within 14days after your registration has been made. If you wish to use our paid services, you will need to pay certain fees which are payable with credit card or wire transfer. When paying by wire transfer, you need to make sure the payment is made within 14days, all banking charges outside Japan are to be paid by the customer.
To obtain access to MACHINE2LIVE, you will be given an opportunity to register with MACHINE2LIVE. As part of the registration process, you will select a user name and a password. After you fill in and send all required information, an E-mail will be sent to you by our Customer Support Center. You will need to complete the registration by accessing to the URL provided in the E-mail. You agree that the information you supply during that registration process will be accurate and complete and that you will not (i) register under the name of, nor attempt to enter the service under the name of, another person or entity; nor will you (ii) adopt a user name that GCNX, in its sole discretion, deems offensive. If GCNX has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current or incomplete, GCNX has the right to suspend or terminate your account and refuse any and all current or future use of our services and features (or any portion thereof). You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your password or account. You agree to ensure that you exit from your account at the end of each session. If you discover or suspect any unauthorized use of your password or account or any other breach of security, you agree to immediately notify our Customer Support Center at customersupport@machine2live.com. GCNX is not responsible for any loss or damage arising from your failure to protect or to keep confidential your password or account information.
Any use or attempted use by you of another person's password and account information is expressly prohibited.
Terms of Use
• GCNX reserves the right to amend these Terms and Conditions and/or the basis upon which you may access MACHINE2LIVE at any time. If GCNX does amend these Terms and Conditions and/or the basis upon which access to MACHINE2LIVE is to be provided, GCNX shall display a notice on MACHINE2LIVE informing you of that fact. Your continued use of MACHINE2LIVE after any amendment of these Terms and Conditions shall be deemed to be your binding acceptance of any such amendment.
• GCNX will provide you with every practicable assistance required to access MACHINE2LIVE, or any permitted part of it. GCNX accepts no responsibility if you are unable to do so (whether due to equipment failure, unavailability of communication facilities, mis-configuration, or any other reason whatsoever). Neither does GCNX guarantee that access to MACHINE2LIVE to be uninterrupted, timely, without delay, secure or error free or operate as contemplated in these terms and conditions.
• GCNX reserves the right at any time to suspend or discontinue MACHINE2LIVE without limitation, for maintenance purposes, without incurring any liability or obligation to you.
• By using the MACHINE2LIVE, you agree not to engage in any type of data scraping or spidering with regard to the site. You agree not to use MACHINE2LIVE to gather email addresses for purposes of spamming.
• You agree to use MACHINE2LIVE only to buy and sell products permitted by GCNX. You agree not to use MACHINE2LIVE to advertise or to solicit anyone to buy or sell other products or services, or to make donations of any kind, without our express written approval.
• We reserve the right to deny access to MACHINE2LIVE to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
Prohibited Acts
Users shall not conduct any of the actions that fall under the following items by using MACHINE2LIVE
• Providing untrue, inaccurate, not current or incomplete information
• Registering under the name of, nor attempt to enter the service under the name of, another person or entity
• Tampering and attempting to use unauthorized access into our server or website
• Sending computer viruses, back-door or other unauthorized commands, programs, data, etc. to another person’s computer, or leaving harmful computer programs, etc. in a position whereby another person could receive them
• Actions whereby the User behaves threateningly, provocatively, or insultingly to another party, or otherwise causes mental anguish
• Breaching the copyrights, trademark rights, or other intellectual property rights, privacy rights, image rights, or other rights of another person, damaging the honor, credibility, or assets of another person, or actions that contribute to this
• Using MACHINE2LIVE for criminal purposes, or to trigger a criminal act
• Actions others than the items set out above that violate laws and ordinances, public standards, or the Terms and Conditions, actions that impede the operation of MACHINE2LIVE
The Information GCNX Collects
The information GCNX collects online through MACHINE2LIVE falls into two categories: (1) information supplied by users of MACHINE2LIVE, and (2) tracking information gathered as visitors navigate through MACHINE2LIVE. Third-party providers or websites featured on or linked to by MACHINE2LIVE may be gathering information, as well, through processes we don't control.
Examples of the types of information MACHINE2LIVE users may submit include, without limitation, registration information, company registration certificate or equivalent documentation, and other inquiries or submissions. To make use of MACHINE2LIVE, visitors need to register with MACHINE2LIVE and provide certain information as part of the registration process and send us company registration certificate or equivalent documentation. The information you provide allows us to make MACHINE2LIVE more useful and provide safety between users and visitors. Supplying these information is compulsory; however visitors to MACHINE2LIVE who don't wish to supply the information necessary to register or to use particular features will not be able to take advantage of the majority of features and contents available on MACHINE2LIVE.
In addition, GCNX may use a variety of methods to track visitors as they navigate the MACHINE2LIVE. GCNX may keep track of the pages visited by its users by placing a cookie. A cookie is a very small text file placed on your hard drive by a web page server. It cannot be executed as code or deliver viruses. It is uniquely yours and can only be read by the website that gave it to you. Cookies don't reveal personal information; the only personal information a cookie can contain is information you supply yourself. Cookies can't read unrelated data off your hard drive. A cookie's purpose is to tell MACHINE2LIVE that you returned. How a cookie helps you is it saves you time when requesting information or services. A cookie helps MACHINE2LIVE remember who you are. If you never register or leave personal information with MACHINE2LIVE, then MACHINE2LIVE only knows that someone with your cookie has returned to the Website. You are in charge of deciding whether we know anything about you. But the more you tell us about yourself, the more we can help you find information or products you want. If a visitor wishes to not utilize cookie technology, this feature may be disabled within the visitor's web browser.
The help function on most web browsers contains information on how to set your browser to notify you before accepting a cookie or to disable cookies entirely. If, however, you don't accept cookies, you may not be able to take advantage of various features on MACHINE2LIVE that are available to other visitors.
In addition, MACHINE2LIVE's web server may automatically collect limited information about your computer configuration when you request pages from the MACHINE2LIVE server, including the type of browser software you use, the operating system you're running, the resolution of your computer monitor, the website that referred you, and your IP address. Your IP address is a number that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you request) can be sent to you. This information does not identify you personally.
Use and Disclosure of Information
GCNX reserves the right to use, and to disclose to third parties, information collected from you while you are using MACHINE2LIVE for a variety of reasons and purposes, such as providing you with information about products and services that we believe may be of interest to you.
Statistical Information
Much of the information we collect is in the form of aggregated statistics, such as the traffic that visits various pages within our site, and the habits and preferences of our audience. Such aggregated information does not include any information that would identify you personally. We may use such aggregated information and disclose it to third parties as we see fit.
Other Disclosures
We may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Terms and Conditions or to protect the rights, property or safety of visitors to our site, our customers, the public or GCNX. As our business grows, we may buy or sell various assets. In the unlikely event that GCNX, MACHINE2LIVE, one of GCNX's business units, or substantially all or part of GCNX's assets are acquired by another company, information on our visitors may be among the transferred assets. We also may allow others to search some of our databases and to analyze the data they find there or aggregate it with other data, either for their business purposes, or ours.
Disclaimer of Warranties and Limitation of Liability
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL OR INFORMATION AVAILABLE THROUGH THIS SERVICE, WITHOUT LIMITATION, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED OVER THIS SITE. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL, INFORMATION, AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE, WITHOUT LIMITATION.
THIS SERVICE IS PROVIDED TO YOU ≪AS IS.≫ GCNX CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS SERVICE). NOR DO WE OR THEY GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL GCNX BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, ADVERTISED OR PROMOTED ON MACHINE2LIVE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF GCNX, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO GCNX FOR USE OF THE SERVICE.
Intellectual Property Rights
MACHINE2LIVE is owned and operated by GCNX. Unless otherwise specified, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit all materials appearing on this site, including site design, text, graphics, logos, images, icons interfaces, and the selection, assembly and arrangements thereof on MACHINE2LIVE. The materials on MACHINE2LIVE are the property of GCNX or its licensors, and are protected by Japan copyright laws, international conventions and other copyright laws. You may not use automated means, such as robots, screen scrapers, or spiders, to collect and/or index any information contained on MACHINE2LIVE. You may display and occasionally print a single copy of any page on the site for your own use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, or distribute copies of, materials found on this site, in any form (including electronic means), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on MACHINE2LIVE should be sent to our Customer Support Center at customersupport@machine2live.com.
You agree not to use MACHINE2LIVE to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting materials to MACHINE2LIVE, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to MACHINE2LIVE, you are permanently granting GCNX a perpetual, royalty-free license to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
Indemnity
You agree to indemnify and hold MACHINE2LIVE, GCNX, and its subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of MACHINE2LIVE or its services, by your violation of these Terms and Conditions, or by your violation of the rights of another.
Governing Law and Jurisdiction
These Terms and Conditions have been made in, and will be construed in accordance with the laws of, Tokyo. By using MACHINE2LIVE, you consent to the exclusive jurisdiction and venue of The Tokyo District Court, in all disputes arising out of or relating to these Terms and Conditions or use of MACHINE2LIVE. GCNX may cancel or terminate your right to use MACHINE2LIVE at any time without notice.
Contact Details
If there is anything that you do not understand or for any request or for further details, please contact our Customer Support Center by E-mail (customersupport@machine2live.com) or by FAX (+81-48-487-8732).
March 31th, 2009
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