Shoemachinery - User Agreement

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User Agreement

Membership Eligibility.
Our services are not available to, and may not be used by, persons under the age of 18 years . If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
Registeration - Password.
On your first registeration, you will get a password send to your e-mail adress. After verification and login, you should change the password.You are responsible for all actions taken under your e-mail adress with password and shall only use or utilise the Site using your own e-mail adress and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your details to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your e-mail adress or password.
Shoemachinery.com is only a Venue.
The Site acts as a venue which allows registered users to offer, sell and buy just about shoe manufacturing items. We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
1. Offered Items. You must not offer, sell or buy any other items which suits in the categories and which are not in relation to shoe manufacturing.
2. Identity verification. However, because user verification on the Internet is difficult, we cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. We only encourage you to communicate with potential trading partners using the tools available on the Site.
3. Liability. In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release us (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
4. Information Control. We do not control the information provided by other users which is made available through the Site. 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 the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that shoemachinery.com is not responsible for the acts or omissions of users on the Site.
Listing Description.
If you are a seller, you must ensure that you are legally able to sell each item. You must describe your item and terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. All items must be listed in an appropriate category.
Fees.
Joining shoemachinery.com and contacting on items is free, although you will remain responsible for the costs of accessing our Site and communicating with our users. We charge fees for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. Our fees are described on the effect, when you advertise an item. We may change this policy at any time. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
Unless otherwise stated, all fees are payable in Euro. Whether you are a business or not, value added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Site and all applicable taxes. You agree that we may issue you with invoices in electronic format by email.
Your Information.
1. Definition "Your Information" is defined as any information you provide to us or other users in relation to the shoemachinery.com service including the registration, listing or feedback process (including, without limitation, any description of items listed), your postings on a message boards and any other content that you advertise or post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information.
2. Restrictions Your Information and your activities on our Site must not:
  - be false, inaccurate or misleading;
  - be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
  - infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
  - be fraudulent or involve the sale of counterfeit or stolen items;
  - be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
  - be obscene, indecent or contain child pornography;
  - link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this User Agreement; (bb) are identical to other items you have up for sale or (cc) you do not have a right to link to or include;
  - contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  - cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
    You must not list any item on the Site (or complete any transaction initiated using the Site) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law.
3. Licence. To enable shoemachinery.com to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
4. Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to shoemachinery.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of shoemachinery.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
Breach.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.
Transfer of Data.
We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers. Shoemachinery.com will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.
No Warranty.
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of the total fees you have paid to us in relation to the listing.
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 legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Governing Law and Legal Compliance.
This User Agreement shall be governed by and construed in accordance with German law and subject to the exclusive jurisdiction of the German courts.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from German law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties).
General.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by shoemachinery.com, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and shoemachinery.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.