This agreement applies only to the online services (hereinafter referred to as the "Services") provided by TheFoodMachinery (hereinafter referred to as "we", "us", or "our") to users of TheFoodMachinery (hereinafter referred to as "you"), including information display, commodity transactions, and other online services.
1. Acceptance of Terms.
By accessing the TheFoodMachinery website in any manner, you agree that you have entered into this agreement with TheFoodMachinery and that you will be bound by the terms and conditions ("Terms") of this agreement. TheFoodMachinery may change the "Terms" at any time at its sole discretion. If there are any changes to the "Terms", TheFoodMachinery will post a notice on its website to notify you. If you do not agree to the relevant changes, you must stop using the "Services". The revised "Terms" will automatically take effect immediately upon publication on the TheFoodMachinery website. You should carefully read the revised "Terms" after your first login, and you have the right to choose to stop using the "Services"; once you continue to use the "Services", it means you have accepted the revised "Terms". When a dispute arises between you and TheFoodMachinery, the latest service agreement shall prevail. Unless otherwise expressly stated, any new content that expands the scope or enhances the functions of the "Services" shall be subject to this agreement. This agreement may not be amended otherwise unless a written agreement is signed by an authorized senior manager of TheFoodMachinery.
2. Who may use the TheFoodMachinery website?
The "Services" are available only to individuals or companies that can form legally binding contracts under applicable law. Therefore, you must be at least eighteen (18) years old to use our services. If you do not meet this condition, please do not use the "Services". TheFoodMachinery may at any time, at its sole discretion, refuse to provide the "Services" to any person. The "Services" will not be provided to TheFoodMachinery members who have been temporarily or permanently suspended.
3. Fees.
We reserve the right to charge fees for the "Services" after notifying you in accordance with Article 1. All applicable taxes arising from your transactions, your obtaining paid services from us, or your access to our servers, as well as related expenses for hardware, software, communications, network services, and other aspects, shall be borne by you. We reserve the right to temporarily or permanently change or suspend part or all of the "Services" without written notice, merely by posting a public notice on the TheFoodMachinery website.
4. The TheFoodMachinery website serves only as a transaction venue.
Our website serves only as a venue for users to find transaction partners, negotiate transactions for goods and services, and obtain various trade-related services. However, we cannot control the quality, safety, or legality of the items involved in transactions, the truthfulness or accuracy of commercial information, or the ability of transaction parties to perform their obligations under trade agreements. We cannot and will not control whether the parties to a transaction can perform their contractual obligations. In addition, you should be aware that there are objective risks in transacting with foreign nationals, minors, or persons acting fraudulently.
5. Your information and items for sale or purchase.
"Your Information" includes any information you provide to us or other users during registration, transactions, or listing items, in any public information setting, or through any email, including data, text, software, music, sound, photos, graphics, images, words, or other materials. You are solely responsible for "Your Information", and we act only as a passive conduit for your online publication and posting of "Your Information". However, if we believe that "Your Information" may expose us to any legal or moral liability, or may cause us (in whole or in part) to lose the services of our Internet service provider or other suppliers, or if you fail to log in or re-login to the website within the period specified by TheFoodMachinery, we may, at our sole discretion, take any action we deem necessary or appropriate with respect to "Your Information", including but not limited to deleting such information. You hereby warrant that you own all rights, including all copyrights, to "Your Information" submitted to TheFoodMachinery. You acknowledge that TheFoodMachinery has no responsibility to determine or decide which of the materials you submit to us should be protected, and we are not responsible for the use of "Your Information" by other users enjoying the "Services".
5.1 Registration Obligations.
If you register on the TheFoodMachinery website, you agree:
(a) to provide true, accurate, complete, and current information about you or your company as required by the member information form published on the TheFoodMachinery website;
(b) to maintain and promptly update the member information to keep it true, accurate, complete, and current. If you provide any information that is untrue, inaccurate, incomplete, or not current, or if TheFoodMachinery has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, TheFoodMachinery has the right to suspend or terminate your registration and information, and refuse your use of the "Services" (or any part thereof) in any form now or in the future. If you register on our behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or other legal entity to the "Terms" of this agreement.
5.2 Member Registration Name, Password, and Confidentiality.
During registration, you will choose a member registration name and password. You are solely responsible for maintaining the confidentiality of your member registration name and password, and you are responsible for all activities that occur under your member registration name and password. You agree:
(a) to immediately notify TheFoodMachinery if you discover any unauthorized use of your member registration name or password, or any other breach of confidentiality;
(b) to ensure that you properly exit the website at the end of each online session. TheFoodMachinery cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
5.3 Rules Regarding Your Information.
You agree that "Your Information" and any "items" you offer for transaction on the TheFoodMachinery website (generally referring to any specific item, tangible or intangible, existing in various forms, or any right or interest, or any note or security, or any service or act, that can be legally traded; the term "items" in this agreement shall have this meaning)
a. will not be fraudulent, nor involve the sale of counterfeit or stolen goods;
b. will not infringe any third party's property rights, copyright, patent, trademark, trade secret, or other intellectual property rights, or privacy rights, or reputation rights in such items;
c. will not violate any law, statute, ordinance, or regulation (including but not limited to those governing export control, trade quotas, consumer protection, unfair competition, or false advertising);
d. will not contain defamatory (including commercial defamation), unlawfully threatening, or unlawfully harassing content;
e. will not contain obscene or any child pornography content;
f. will not contain any viruses, Trojan horses, worms, time bombs, or other computer programs that intentionally damage, maliciously interfere with, secretly intercept, or misappropriate any system, data, or personal information;
g. will not directly or indirectly connect to, or include descriptions of, the following goods or services:
(i) goods or services prohibited under this agreement; or
(ii) goods or services you have no right to connect to or include.
In addition, you agree not to:
(h) use the "Services" in connection with any chain letters, mass unsolicited emails, spam, or any duplicative or excessive information;
(i) collect other persons' email addresses or other information using the "Services" without their consent; or
(j) use the "Services" to create false email addresses or otherwise attempt to mislead others as to the identity of the sender or the origin of information.
5.4 Prohibited Items.
You may not publish on our website or buy or sell through our website:
(a) any items that may cause us to violate any relevant law, statute, ordinance, or regulation; or
(b) any items that TheFoodMachinery believes should be prohibited or are unsuitable for buying or selling through this website.
6. License You Grant to Us.
You grant us an exclusive, worldwide, perpetual, royalty-free license (with the right to sublicense at multiple levels) to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display "Your Information" (in whole or in part) and to create derivative works from it, and/or to incorporate "Your Information" into other works in any form, media, or technology now known or later developed.
7. Privacy.
Notwithstanding the license granted in Article 6, TheFoodMachinery will use "Your Information" only in accordance with our privacy statement. All terms of our privacy statement form part of this agreement, and therefore you must read them carefully. Please note that once you voluntarily disclose "Your Information" on the TheFoodMachinery transaction venue, such information may be obtained and used by others.
8. Transaction Procedures.
8.1 Adding Product Description Listings.
Product descriptions are text descriptions, graphics, and/or photographs provided by you for display on the TheFoodMachinery website, and may be
(a) descriptions of products you own and wish to sell; or
(b) descriptions of products you are looking for. You may post either type of product description on the TheFoodMachinery website, or both, provided that you must place such product descriptions in the correct category.
TheFoodMachinery is not responsible for the accuracy or content of product descriptions.
8.2 Negotiating Transactions.
Transaction parties negotiate with each other by clearly describing offers and counter-offers on the TheFoodMachinery website. Acceptance of an offer or counter-offer by all parties obligates the TheFoodMachinery users involved to complete the transaction. Except in special circumstances, such as where a user substantially changes the description of an item after you make an offer or clarifies any typographical error, or where you fail to verify the identity of the users involved in the transaction, offers and acceptances may not be withdrawn.
8.3 Handling Transaction Disputes.
We will not and cannot become involved in transactions between transaction parties. If you have a dispute with one or more users, or with a third-party service provider whose services you obtained through our website, you release TheFoodMachinery (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
8.4 Use Common Sense.
We cannot and do not attempt to control the information provided by other users through the "Services". By its very nature, other users' information may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. We expect you to use caution and common sense when using our website.
9. Transaction System.
9.1 No Manipulation of Transactions.
You agree not to use any accomplices (subordinate customers or third parties) to help achieve concealment or deception, or to manipulate the outcome of business negotiations with another transaction party.
9.2 System Integrity.
You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the normal operation of the TheFoodMachinery website or any transaction being conducted on our website. You may not take any action that imposes an unreasonable or disproportionately large load on our network structure. You may not disclose your password to any third party, or share your password with any third party, or use your password for any unauthorized purpose.
9.3 Feedback.
You may not take any action that may undermine the integrity of the feedback system, such as: using a secondary member identity or a third party to leave positive feedback for yourself; using a secondary member identity or a third party to leave negative feedback for other users (feedback bombing); or leaving negative feedback when a user fails to perform certain actions outside the scope of the transaction (malicious feedback).
9.4 No Commercial Use.
You agree that you will not make any commercial use of any information, including but not limited to copying any information displayed on the TheFoodMachinery website for commercial purposes without the prior written approval of an authorized senior manager of TheFoodMachinery.
10. Termination or Access Restrictions.
You agree that, where TheFoodMachinery does not charge you a fee, TheFoodMachinery may, at its sole discretion, for any reason (including but not limited to TheFoodMachinery's belief that you have violated the letter or spirit of this agreement, or that you have acted in a manner inconsistent with the letter or spirit of this agreement, or that you have not logged into the website with your account and password for more than 90 days) terminate your "Services" password, account (or any part thereof), or your use of the "Services", and delete and discard "Your Information" submitted by you in using the "Services". You agree that, where TheFoodMachinery charges you a fee, TheFoodMachinery shall implement the aforementioned termination based on reasonable suspicion and with email notice. TheFoodMachinery may also, at its sole discretion, stop providing the "Services" or any part thereof at any time with or without notice. You agree that termination of your use of the "Services" under any provision of this agreement may be implemented without prior notice, and you acknowledge and agree that TheFoodMachinery may immediately invalidate your account, or cancel your account and all related information and files in your account, and/or prohibit your further access to such files or the "Services". After account termination, TheFoodMachinery has no obligation to retain any information in or related to your original account, or to forward any unread or unsent information to you or any third party. In addition, you agree that TheFoodMachinery will not be liable to you or any third party for terminating your access to the "Services". Articles 12, 13, 14, and 22 shall survive termination of this agreement.
11. What Happens If You Violate the Rules?
Without limiting other remedies, if any of the following occurs, we may immediately issue a warning, temporarily suspend, permanently suspend, or terminate your membership, delete any of your existing product information, and any other information displayed by you on the website:
(i) you violate this agreement;
(ii) we are unable to verify or authenticate any information you provide to us; or
(iii) we believe your actions may cause you, us, our users, or third-party service providers providing services through us or our website to incur any legal liability. Without limiting any other remedies, if we discover that you are engaged in fraudulent activities involving our website, TheFoodMachinery may suspend or terminate your account.
12. Services Provided "As Is".
We will make every effort to ensure you enjoy using the TheFoodMachinery website. Unfortunately, we cannot foresee any technical problems or other difficulties at all times. Such difficulties may cause data loss or other service interruptions. Accordingly, you expressly understand and agree that your use of the "Services" is at your sole risk. The "Services" are provided on an "as is" and "as available" basis. TheFoodMachinery expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. TheFoodMachinery makes no warranty that:
(i) the "Services" will meet your requirements;
(ii) the "Services" will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the "Services" will be accurate or reliable;
(iv) the quality of any products, services, information, or other materials purchased or obtained by you through the "Services" will meet your expectations. Any material downloaded or otherwise obtained through the use of the "Services" 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 TheFoodMachinery or through or from the "Services" shall create any warranty not expressly stated in this agreement.
13. Limitation of Liability.
You expressly understand and agree that TheFoodMachinery shall not be liable for any damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses (whether or not TheFoodMachinery has been advised of the possibility of such damages), resulting from:
(i) the use or inability to use the "Services";
(ii) the cost of procurement of substitute goods and services resulting from any goods, samples, data, information, or services purchased or obtained or messages received or transactions entered into through or from the "Services";
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) any third party's statements or conduct regarding the "Services"; or any other matter relating to the "Services", including negligence.
14. Indemnification.
You agree to indemnify and hold harmless TheFoodMachinery and its subsidiaries, affiliates, directors, officers, agents, and employees from any claims (including judicial fees and other professional fees) made by any third party due to or arising out of your violation of this agreement or the documents incorporated herein by reference, or your violation of any law or infringement of the rights of a third party.
15. Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the "Services" and your bidding, purchasing, and selling of any items and provision of commercial information.
16. No Agency Relationship.
You and TheFoodMachinery are independent contractors. This agreement is not intended to create or establish any agency, partnership, joint venture, employment, or franchisor-franchisee relationship.
17. Advertising and Financial Services.
Your communications or business dealings with, or participation in promotions of, advertisers found on or through the "Services", including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that TheFoodMachinery shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as a result of the presence of such advertisers on the "Services". If you intend to create or participate in any service related to any company, stock quotes, investment, or securities through the "Services", or to receive or request any news, alert, or other information related to any company, stock quotes, investment, or securities through the "Services", please note that TheFoodMachinery will not be responsible or liable for the accuracy, usefulness, availability, or profitability of any such information transmitted through the "Services", and will not be responsible or liable for any trading or investment decisions made based on such information.
18. Links.
The "Services" or third parties may provide links to other World Wide Web sites or resources. Because TheFoodMachinery does not control such sites and resources, you acknowledge and agree that TheFoodMachinery is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that TheFoodMachinery shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services, or other materials available on or through any such site or resource.
19. Notices.
Unless otherwise expressly provided, any notice shall be sent by email, (in the case of TheFoodMachinery) to an email address with this site's domain suffix, or (in your case) to the email address you provided to TheFoodMachinery during registration, or such other address as specified by the relevant party. Notice shall be deemed delivered twenty-four (24) hours after the email is sent, unless the sender is informed that the relevant email address is invalid. Alternatively, we may send notice to the address you provided to TheFoodMachinery during registration by prepaid registered mail with return receipt requested. In such case, notice shall be deemed delivered three (3) days after the date of mailing.
20. Force Majeure.
TheFoodMachinery shall not be liable to you for any delay or failure to perform due to causes beyond our reasonable control, including but not limited to natural disasters, strikes or riots, material shortages or rationing, insurrection, acts of war, governmental acts, failure of communications or other facilities, or serious accidents.
21. Assignment.
TheFoodMachinery may assign this agreement without your consent.
22. Miscellaneous.
This agreement supersedes any prior written or oral agreements between you and TheFoodMachinery regarding the same subject matter. This agreement shall be governed by the laws of the mainland region of the People's Republic of China. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. Headings are for convenience only and do not define, limit, interpret, or describe the scope or extent of such section in any way. 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.
23. Litigation.
Any dispute arising out of or relating to this agreement or our services shall be submitted to the People's Court, and the laws of the People's Republic of China shall be the governing law.
