The purpose of the company Machine Lista is the operation of software for promotion services on the internet (hereafter referred to as “platform”). The platform operated by Machine Lista offers the opportunity to reach people (hereafter referred to as “user”), who wish to purchase goods or services on the internet. On the web address and on partner websites, including mobile applications, by use of the platform, the user can obtain information about the products being offered on the internet by websites and online shops (hereafter referred to as “website”) of contract partner and other providers (together hereafter referred to as “provider”). The User can independently inform himself easily and extensively about the offered products and directly get in contact or place an order on the website of the provider.
Through the platform Machine Lista delivers users with an interest in the listed products to the website of the provider. Machine Lista is not obligated to provide either the services or functionality of its platform, nor the listing of articles of the provider on its platform, including on mobile applications.
The conclusion of the contract is conducted by the conclusion of the cooperation contract between Machine Lista and the provider. Herein the services, the price and the contract duration is specified. The remuneration is due independent of the delivered users making use of the products and services offered by the provider or not.
For performance based products, Machine Lista provides a report, detailing the number of users visits delivered to the provider and invoices according to the fee set out in the cooperation contract plus VAT or Sales Tax (where applicable). For fix price products the invoicing will be done naming the services agreed in the cooperation contract. Machine Lista has the right to send the invoice in PDF format as a download link by email to the email address given by the provider for this purpose. The invoice is to be paid within seven working days. Machine Lista also has the right to carry out weekly invoicing. Payments of the provider must be paid by wire transfer into one of the Equipio's bank accounts named on the invoice or through Paypal.
For the up-to-date display of articles to the users by Machine Lista, the provider will provide Machine Lista on a regular basis with the information described below. The format of the information here for shall be according to the specifications agreed in the cooperation contract (CSV-Files, FEED, Software-API, Scraping of the provider’s website, etc.). At least following information shall be provided by the provider: Title, Description, Manufacturer, and Model.
Machine Lista can also by request of the provider remove the article listings of the provider (hereafter referred to as “de-listing”). This does not release the provider from the remuneration agreed in the cooperation contract. The provider can request the de-listing exclusively in writing with notice of the next working day, where Saturday is not considered as a working day. It should be noted that clearing or deleting of information by the provider himself will not lead to de-listing. Machine Lista itself at any time has the right to de-list the information of the provider.
The provider is to provide Machine Lista with logos, brands, product pictures, videos and other written or graphic representation, which serves as identification of the provider or its articles, in particular for the graphic identification of the websites of the provider linked from Machine Lista, and hereby grants Machine Lista, particularly with respect to all existing intellectual property rights, the temporally and spatially unrestricted right of usage. The provider releases Machine Lista from any liability to third parties, originating through the use of the texts, product information, product images, logos, brands and other written or graphic representations provided by the provider. The provider is not permitted to copy the product description or data represented on the platform, or to duplicate, distribute or make this information publicly available on its websites and websites of any other connected company.
The duration of the contract is specified in the cooperation contract. If not terminated within the notice period specified in the cooperation contract, the duration of the cooperation contract automatically extends for 12 months. For automatically extended contracts the notice period is at two months towards the end of the month. The right of termination without notice remains unchanged, if there is good cause. Good cause may be if a user complains to Machine Lista about the order processing through the provider and the provider does not satisfy the user within 48 hours and the user provides evidence of this to Machine Lista. The termination must be provided in writing to be valid. As soon as listing of articles ceases, there will be no further performance-based costs arising.
Both parties run their websites independently of each other and are solely technically responsible, legally responsible and responsible for the content of their respective websites. Machine Lista does not guarantee the behavior of the Users. In particular, Machine Lista carries no liability for any damage caused to the provider by the User. Likewise, Machine Lista does not guarantee sales or success through the Users brought to the website of the provider by Machine Lista. The provider releases Machine Lista from all demands of third parties, which in particular arise as a result of the graphical, content or technical design of the website and the products, services, information or other content displayed or accordingly not displayed. The provider shall at all times exempt Machine Lista from liability for a breach of contractual obligation, assurance or guarantee that the provider has provided a third party with as a part of the execution of this Contract.
The liability of Machine Lista in connection with this agreement is excluded - regardless of the legal grounds. This does not apply if the damage is caused with intent or out of gross negligence on the part of Machine Lista, their legal representatives or vicarious agents or if a contractual obligation is breached by one of these. The liability is furthermore not excluded from damage resulting from injury to life, body or health. Where Machine Lista is excluded from liability, the personal liability of employees, representatives or agents of Machine Lista is also excluded.
As a service provider Machine Lista is responsible for its own content on these pages, however Machine Lista as a service provider is not obliged to monitor transmitted or stored foreign information or to investigate circumstances, which refer to an illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, a relevant liability is only possible from the date of knowledge of a concrete infringement. Upon notification of such violations, we will remove the content immediately.
Should one of the conditions of this agreement become invalid or unenforceable, the validity of the rest of the agreement remains unaffected. In the case of invalid or unenforceable contractual clauses, the parties will agree a provision which comes as close to the original cost as possible. Australian law exclusively applies. Alterations or limitations to this agreement must be made in writing to be valid. This also applies to the above Written Form clause.
Place of fulfillment and exclusive place of jurisdiction for claims in connection with the performance of this contract is the location of Machine Lista (Australia).
About our cookie policy
This Cookie Policy explains what cookies are and how we use them, the types of cookies we use i.e, the information we collect using cookies and how that information is used, and how to control the cookie preferences. For further information on how we use, store, and keep your personal data secure, see our Privacy Policy.
You can at any time change or withdraw your consent from the Cookie Declaration on our website
Learn more about who we are, how you can contact us, and how we process personal data in our Privacy Policy.
What are Cookies ?
Cookies are small text files that are used to store small pieces of information. They are stored on your device when the website is loaded on your browser. These cookies help us make the website function properly, make it more secure, provide better user experience, and understand how the website performs and to analyze what works and where it needs improvement.
How do we use cookies ?
As most of the online services, our website uses first-party and third-party cookies for several purposes. First-party cookies are mostly necessary for the website to function the right way, and they do not collect any of your personally identifiable data.
The third-party cookies used on our website are mainly for understanding how the website performs, how you interact with our website, keeping our services secure, providing advertisements that are relevant to you, and all in all providing you with a better and improved user experience and help speed up your future interactions with our website.
What type of Cookies do we use ?
Essential: Some cookies are essential for you to be able to experience the full functionality of our site. They allow us to maintain user sessions and prevent any security threats. They do not collect or store any personal information. For example, these cookies allow you to log-in to your account and add products to your basket, and checkout securely.
Statistics: These cookies store information like the number of visitors to the website, the number of unique visitors, which pages of the website have been visited, the source of the visit, etc. These data help us understand and analyze how well the website performs and where it needs improvement.
Marketing: Our website displays advertisements. These cookies are used to personalize the advertisements that we show to you so that they are meaningful to you. These cookies also help us keep track of the efficiency of these ad campaigns.
The information stored in these cookies may also be used by the third-party ad providers to show you ads on other websites on the browser as well.
Functional: These are the cookies that help certain non-essential functionalities on our website. These functionalities include embedding content like videos or sharing content of the website on social media platforms.
Preferences: These cookies help us store your settings and browsing preferences like language preferences so that you have a better and efficient experience on future visits to the website.
How can I control the cookie preferences ?
Should you decide to change your preferences later through your browsing session, you can click on the “Privacy & Cookie Policy” tab on your screen. This will display the consent notice again enabling you to change your preferences or withdraw your consent entirely.
In addition to this, different browsers provide different methods to block and delete cookies used by websites. You can change the settings of your browser to block/delete the cookies.
Data privacy
The use of our website is usually possible without providing personal information. If personal data (for example, name, Address or email address) are collected on our pages, this is done, as far as possible, on a voluntary basis. These data are not sent to third parties without your express consent.
We would like to point out that data transmission over the internet (e.g. in communication by E-Mail) can contain security gaps. A complete protection of data against access by third parties is not possible. The use of the contact details published by legal requirement under the ‘About Us’ page by third parties for sending unsolicited advertisements and information materials is hereby expressly forbidden. The site operators reserve the right to take legal action in case of unsolicited sending of advertising information, such as spam e-mails.
Data protection statement for the use of Google Analytics This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “Cookies”, text files, that are stored on your computer and allow an analysis of the use of the website. The information generated by the cookie about your use of this website are usually transferred to a Google server in the USA and stored there. In the case of activation of the IP anonymization on this website, your IP address will be truncated within Member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases is the complete IP address transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website Google will use this information to evaluate your use of the website, to compile reports on website activities and to provide other website and internet related services to the website operator. Your IP address taken through the use of Google Analytics will not be associated with any other data held by Google.
You can prevent the use of cookies by selecting the appropriate settings on your browser; however, we point out, that you may mean that you are not able to use all features of this website to their full extent. You can also prevent the collection the data generated by the cookie about your use of the website (including your IP address) by Google, as well as processing of these data by Google, by downloading and installing the browser plugin available at the following link:
Infringement of Privacy Rights: If you suspect that your rights have been violated by this site, please inform us immediately by electronic mail, so that remedial action can be taken. Please take note: the more time and money consuming appointment of a lawyer to the warning of the service provider of a breach is not in the actual or presumed interest of the service provider. Please find our contact details on the
Machine Lista, (“Machine Lista,” “we,” or “us”) welcomes you to www.machinelista.com and any and all applications or mobile applications offered by Machine Lista Inc (the “Site”). This Privacy Policy describes how Machine Lista collects and receives information about you through the Site, Services and Content and through Machine Lista’s businesses, including offline. The Privacy Policy together with the govern your use of the Site and Machine Lista’s collection and use of your information.
Each time you access, use, or browse any Site or provide personal information to Machine Lista offline, you signify your acceptance of the then-current Privacy Policy. If you do not accept this Privacy Policy, you are not authorised to provide information to Machine Lista or use the Site and must discontinue use of the Site immediately.
Should the Privacy Policy be revised, Machine Lista will post the changes on the Site which will be effective immediately upon posting. Any material changes to the terms of the Privacy Policy will apply only to information collected thereafter, unless you provide consent. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page.
If you provide your personal information to Machine Lista offline, the Privacy Policy applies to Machine Lista’s collection and use of your information. Machine Lista also may provide paper copies of the Privacy Policy when it collects information from you offline. In addition to this Privacy Policy, you agree that the provisions in the also govern Machine Lista’s collection and use of your information collected offline.
We may collect personal information from you including, without limitation, non-public information about you that helps Machine Lista identify you such as first and last name, email address and other information that is not otherwise publicly available (collectively, “Personal Information”).
We also may collect non-personal information about your use of the Site such as your IP address, usage statistics, browsing history, types of computers and/or mobile devices accessing the Site, Content or Services, type of computer operating system you use (e.g., Microsoft Windows or Mac OS), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer), and the domain name of your internet service provider (collectively, “Traffic Data”).
We may collect personal information from you when you use the Site or register an account to access Content or Services provided on the Site or to request to receive emails or newsletters that may be offered on the Site or offline. Personal Information collected by Machine Lista may be stored and processed in Ireland in accordance with the laws of Ireland, or in other jurisdiction. By using the Site and submitting your personal information to Machine Lista online or offline, you expressly consent to the storage and processing of your personal information in Ireland in accordance with the laws of Ireland, or in other jurisdictions.
We may combine Personal Information we collect through our Site or offline with information that we obtain from our affiliates, suppliers, vendors, merchants, licensors, partners or sponsors, and other sources (e.g., offline records or publicly available information). We will treat the combined information as personal information.
Machine Lista may automatically receive and record non-personal information on our server logs from your browser as well as through other analysis of the Site. We also may collect information using cookies, web beacons or similar technologies, or through third parties using similar technologies.
We use “cookies” to customize your experience with the Site, Content and Services and to store your information so you do not have to re-enter them each time you visit the Site or access the Content or Services. Cookies are small computer files that are transferred to your hard drive and contain information such as your username, user preferences, the web pages you’ve visited and the activities you’ve performed while using the Site, Content or Services. You may block or delete cookies from your hard drive; however, by disabling cookies, you may not have access to all of the Services or Content. Some of our business partners also use cookies to provide us with anonymous, aggregate data and information regarding our users. We do not have access or control over these cookies, and our Privacy Policy does not cover the use of third party cookies.
We or our third party tracking utility company also use “web beacons” to collect information about your use of our Site, the websites of selected sponsors and advertisers, and our Content and Services. Web beacons are tiny graphic image files embedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using our Site and Services, selected sponsors’ and advertisers’ websites and using our Services and for what purposes.
We may use the information we collect from you:
To provide information to third parties that may provide you with personalized content and advertising about their products and services. To alert you to new features, terms, Content, Services, or products. To send emails or newsletters, and to provide you with personalized content in the newsletters. To monitor and analyse information regarding your browsing and viewing preferences. To analyse our users’ demographics and interests. To administer Content or Services. To process and respond to your inquiries. To improve the Site. For the purposes for which you provided the information. To enforce the Terms of Use.
You authorise Machine Lista to transmit email to you to respond to your communications and administer Services or Content. If you participate in any Services or Content you agree that Machine Lista is authorised to contact you by to send information and documents to you by email or postal mail. Unsubscribe instructions are included in each promotional email from Machine Lista or you may sent an email requesting to opt-out of communications to [email protected]. Please note that such requests may take up to ten (10) days to become effective. You may not opt out of receiving communications regarding your dealings with Machine Lista or the Site, Content, Services or technical information about the Site.
Machine Lista may disclose the information it collects about you: (i) to affiliates, merchants, licensors, partners or sponsors, and other third parties for their own direct marketing purposes, such as to provide information to you about their stores, activities, products, services and other important information; (ii) to third parties to provide analytics for advertising purposes or to confirm or update information provided by you; (iii) to suppliers, vendors and others who help Machine Lista provide services to you, such as outsourcing one or more of the functions described in this Privacy Policy; (iv) to third parties in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Machine Lista’s business or operations (including without limitation in connection with bankruptcy or any similar proceedings); or (v) as otherwise authorised by you.
We also may share your information in response to a subpoena, court order or official request, when we believe you have acted in violation of the Terms, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Machine Lista or others, or as otherwise permitted or required by law.
We also may use and share non-personally identifiable information with third parties. Additionally, we may take personally identifiable information and de-identify it and share it in a de-identified or aggregated form with advertisers, business partners, and/or third parties in order to analyse Site usage, perform services on our Site or others’ Site, improve our services, improve our user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
The Site is not directed toward children under 13 years of age nor does Machine Lista knowingly collect information from children under age 13 on the Site or offline. If you are under 13, you are not permitted to register for emails or newsletters or to otherwise submit any personally identifiable information to Machine Lista If you provide information to Machine Lista through the Site, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe Machine Lista may have inadvertently collected personal information from your child, please notify Machine Lista immediately by sending a message detailing the basis of your belief and your request to: [email protected]
Machine Lista uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of personal information. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Machine Lista to intercept or access transmissions or private communications unlawfully. While we strive to protect personal information, neither Machine Lista nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.
You are responsible for keeping your information current. You may update your information by contacting us at [email protected] or editing your account information. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Machine Lista’s internal reporting, processing and retention policies and all applicable legal obligations.
If you are a California resident and have provided personal information to Machine Lista, you are entitled by law to request certain information regarding any disclosure that may have been made by Machine Lista to third parties of personal information for their direct marketing purposes. To make such a request, send a message to [email protected].
The message should specify that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. Machine Lista is required to respond to only one request per customer each year, and is not required to respond to requests made by means other than through the above e-mail address.
We will not share your personal information with third parties for their direct marketing purposes if you request that we do not do so. You may make such a request by sending us a message at [email protected].
When contacting us, please indicate your name, address, email address, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.
You may have the opportunity to follow links on the Site to other sites that may be of interest to you. Machine Lista endeavours to only link to reputable organisations. Because other sites may not be hosted or controlled by Machine Lista, we are not responsible for the privacy practices of those sites or the content provided thereon. Therefore, the privacy policies with respect to other site may differ from those applicable to the Site. We encourage you to review the privacy policies of each other site. This Privacy Policy only applies to information collected and maintained by Machine Lista.
By accessing and using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, including the Privacy Policy, which together form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, your access or use the Site or any of its content is automatically and immediately revoked.
These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms take effect upon posting and apply only to your use of the Site and information collected from you on and after Last Revised date, unless we have other communications with you.
Machine Lista may make changes to the Site, content, products, services or features of the Site at any time. You understand and agree that Machine Lista may discontinue or restrict your use of the Site at any time for any reason or no reason with or without notice.
In consideration of your use of the Site, you represent that you are of an age to form a legally binding contract (except as provided in the following paragraph) and you are not prohibited from receiving services under the laws of the Ireland or any other applicable jurisdiction. Use of the Site, Services or Content is void where prohibited by applicable law, and the right to access the Site, Content or Services is revoked in such jurisdictions.
The Site is directed to persons 13 years of age or older. Machine Lista and the Site do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to Machine Lista on the Site or offline. If you provide information to Machine Lista through the Site, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse, use, or submit personal information to the Site, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf. If you are a parent or guardian and believe Machine Lista may have inadvertently collected personal information from your child, please notify Machine Lista immediately by sending an email to: desk@machinelista com detailing the basis of your belief and your request.
Please review the Privacy Policy for the Site, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Site.
On, through or in connection with the Site, we offer a search engine for new and used machinery and equipment (the “Services”). We also provide content available through the Site, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials (the “Content”). Some of the Services and Content are accessible without registering with us, but other Services and Content may require registration and the payment of fees by users. The Content and Services are the sole and exclusive property of Machine Lista , its licensors, or other content providers.
You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Services or Content. Any uses of the Site, Services, or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
Occasionally there may be information on our Site, in our Content or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, availability, and other content provided on behalf of Machine Lista or its partners and affiliates. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information is inaccurate at any time without prior notice and without liability to Machine Lista .
Machine Lista reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services or Content or any portion or portions thereof, with or without notice. You agree that Machine Lista will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services or Content.
Machine Lista reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Services, Content, or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Machine Lista shall not be liable to you or any third party for any such suspension, discontinuance or termination for more than the pro rata amount remaining for your Subscription. Machine Lista reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, Services or Content or any portion or portions thereof, with or without notice. You agree that Machine Lista will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, Services or Content.
Machine Lista reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Services, Content, or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Machine Lista shall not be liable to you or any third party for any such suspension, discontinuance or termination for more than the pro rata amount remaining for your Subscription.
Some areas of or benefits provided by the Site may require you to register an account with us or create an account using third-party sign on services (e.g., Facebook Connect). Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, once given, your registration for any reason or no reason at any time and from time to time. In registering or using the Site, you agree to provide, maintain, and update information that is true, accurate, current, and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Sites or your account with or without reasons or notice to you.
When you register to open an account on a Site, you will provide us with a valid email address and select a password to be used in conjunction with your account. You may also be required to submit additional information including, but not limited to your name, mailing address, and profile information. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session, (b) keep your password confidential and not share it with anyone else, and (c) immediately notify Machine Lista of any unauthorised use of your password or account or any other breach of security. Machine Lista is authorised to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. You may not:
register or log in to the Site using an invitation code, Member ID or e-mail address of another person with the intent to impersonate that person; register or log in to the Site using a member ID or an e-mail address subject to any rights of a person other than you without appropriate authorization; or have more than one user account
All service purchases are subject to the Terms of Use and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any fee payment, you hereby authorise Machine Lista to debit the total cost of said fee and agree to be responsible for all associated charges. Should charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by Machine Lista , or otherwise in connection with Machine Lista’s efforts, to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. You represent and warrant that all information you provide in connection with the purchase of a Subscription is true, accurate and complete. We reserve the right to offer various services for the durations and at the corresponding costs that we determine appropriate, in our sole discretion and to refuse or terminate any purchase or any attempted purchase at any tome in our sole discretion. Except as required by law, all payments are non-refundable, regardless of user satisfaction.
You may use the Site, Content and Services for lawful purposes only. You may not use the Site, Content or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site, Content, or Services. You may not attempt to gain unauthorised access to the Site or any of the Content or Services, user accounts or computer or mobile systems or networks, through hacking, password mining or by any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials or otherwise tamper with the Services; Remove notices of or citations to any copyright, trademark or other proprietary rights contained in or on the Site or in any content or other material available on or through the Site or the Services; Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or the Services; Reformat or frame any portion of the web pages that are part of the Site or the Services; Create user accounts by automated means or under false or fraudulent pretenses; or Collect or store personal data about other users either alone, or in connection with the prohibited activities described in this paragraph.
We may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.
The Site may contain areas for you to post messages, feedback, listings, comments, photos, sounds, images, text, files, video, post reviews, share your story, and submit comments and other content, and message or communication facilities to enable you to communicate with other users, suppliers of Services or Content, the Site, and Machine Lista (collectively, “Submissions”). You acknowledge that your submissions may become available to others on the website and elsewhere. You agree to post only submissions or materials that are appropriate for general audiences and are not confidential or private. You agree that you are entirely responsible and liable for any Submissions you post, if you create an account, you are responsible for all content posted or transmitted through or by use of your account, you are the sole and exclusive owner of any submissions or materials you post and that by posting such submissions or materials, you are representing and warranting to Machine Lista and its affiliates, suppliers, vendors, merchants, licensors, and other partners, that you either own or control the said submissions or materials and that no other party has any claim of ownership to any part of the said submissions or materials.
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will not:
aggregate, copy, duplicate, publish, or make available any content to third parties outside the website in any manner; defame, abuse, harass, stalk, threaten, or otherwise violate the privacy or publicity rights of others, or impersonate anyone else or misrepresent your identity or affiliation; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent, or unlawful topic, name, material, content, or information; upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions; upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; use the website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures; falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or engage in any other action that, in our judgment, exposes us or any third party to potential liability or detriment of any type.
If you post content or submit material, you grant Machine Lista and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any such content in any form throughout the world in any media whether now known or hereafter developed, alone or as part of other works. You further grant Machine Lista and its affiliates the right to use the name that you submit in connection with such content in our sole discretion. Machine Lista will not be required to treat any Submission as confidential, and will not incur any liability as a result of any similarities between Submission and Content and Services that may appear in our Site or our operations. You represent and warrant that you own or otherwise control all rights to the content that you post, that the content is accurate, and that use of the content does not violate these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve such use, and any obligation to identify you in connection with a submission.
Machine Lista may, but is under no obligation to, monitor and edit or remove any activity or content at its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Machine Lista does not necessarily endorse any opinion or statement contained in any submission.
Machine Lista is not a party to and has no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organisation (“your interactions”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions.
You acknowledge and agree that, as between Machine Lista and you, all right, title, and interest in and to the Site, Services, and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Machine Lista or its affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws. You do not have and cannot claim any intellectual property rights or ownership, in whole or in part, to any of the Site, Content, or Services, whether modified or unmodified.
The Site and all Services and Content, including any and all copyrights therein, is the property of EMachine Lista or its affiliates, suppliers, vendors, merchants, licensors, or other partners and is protected by United States and international copyright laws. You agree not to copy, modify, distribute, transmit, display, republish, sell, resell, or exploit, or create derivative works from, for any purpose, any portion of the Site, Services or the Content other than as expressly authorised by Machine Lista in writing.
The trademarks, service marks, logos, trade names, and trade dress (collectively, “Marks”) used on the Site are proprietary to Equipio or its affiliates, suppliers, vendors, merchants, licensors, or other partners. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Machine Lista by the respective trademark owners, or by Machine Lista of the respective trademark owners. Without limitation, the Marks include trademarks registered in the United States Patent and Trademark Office and owned by Machine Lista.
One or more patents may apply to the Site, Services, Content and to the products, features, and services accessible via the Site (collectively, “Patents”). Such Patents are the property of Machine Lista or its affiliates, suppliers, vendors, merchants, licensors, or other partners.
Machine Lista in its sole discretion may disable and/or terminate use by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide to Machine Lista a notice containing the following information:
an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the website (providing URL(s) in the body of an email is the best way to help us locate content quickly); your name, address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or other intellectual property right owner or authorised to act on the copyright or intellectual property right owner’s behalf.
For notice of claims of copyright or other intellectual property right infringement, Machine Lista can be reached by sending a claim to:
Attn: [email protected]
The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of Machine Lista , which is not responsible for their content or privacy practices. Such advertisements, postings, links, or references to other parties’ products or services do not imply Machine Lista’s endorsement of information, material, products or services of any other party or any other website, or by any other party of Machine Lista. Machine Lista disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Machine Lista is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource. It can be assumed that there is no guarantee for these external contents. The respective provider or operator of the pages is responsible for the contents of linked sites. The linked sites were checked at the time of linking for possible legal violations. Illegal contents were not recognised at the time of linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will remove such links immediately.
You represent and warrant that (i) your use of the Site will be in strict accordance with the Term of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MACHINE LISTA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS OR SPONSORS, MERCHANTS, ADVERTISERS, AND OTHERS ACTING IN CONCERT WITH THEM, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITE, SERVICES, OR ANY CONTENT, PRODUCTS, BRANDS, OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES OR MACHINE LISTA, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITES OR MACHINE LISTA; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF MACHINE LISTA OR ANY THIRD PARTY; (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY; OR (D) your use of or reliance on any user SUBMISSIONS.
WE PROVIDE THE SITE, CONTENT AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MACHINE LISTA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SITE OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR CONTENT WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
MACHINE LISTA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT LOSS OF DATA WILL NOT OCCUR. MACHINE LISTA MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SERVICES OR CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACHINE LISTA DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, SERVICES, OR THE CONTENT, EVEN IF MACHINE LISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL MACHINE LISTA’S LIABILITY EXCEED TOTAL FEES PAID TO MACHINE LISTA IN CONNECTION WITH THE SITE, CONTENT OR SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
Complaints regarding the service or requests to receive further information regarding use of this service may be sent to desk@machinelista com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
You agree that any dispute between you and Machine Lista arising out of or relating to these Terms of Use, the Privacy Policy, the Site, Services or Content will be decided only by arbitration, individually, and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint”, or “representative” litigation (including in any “private attorney general capacity”) against Machine Lista . The laws of the State of New York, U.S.A., without regard to choice of law principles, shall apply to any dispute between us, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. The arbitration tribunal shall consist of one (1) arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The arbitrator shall have the authority to impose equitable and injunctive relief, as well as to award monetary relief, as the arbitrator deems appropriate. Any arbitration will be administered by the American Arbitration Association, using its Commercial Arbitration Rules, and will take place in the State, City and County of New York, USA, and must be commenced within six (6) months after the dispute arises or any claim arising from the dispute shall be barred.
The Site is controlled within Australia and is directed to individuals residing in Australia. Those who choose to access the Site from locations outside of the Australia do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Machine Lista does not represent that the Site, Services or Content is appropriate outside Ireland. Machine Lista reserves the right to limit the availability of the Site for any person, geographic area, or jurisdiction at any time in its sole discretion.
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of the Terms of Use or other policies and terms posted on the Site or in connection with the Services by you or by someone using your Credentials, as determined in our sole discretion, and Machine Lista shall not be liable to you or any third party for any such termination. In the event we so terminate your account, we will not render, you are not entitled to, and you hereby waive any and all right to receive a refund of any fees paid to Machine Lista or any portions thereof. Further, you agree not to attempt to use the Site and/or the Services or Content after any such deletion, deactivation or termination. You may terminate your Machine Lista account at any time by contacting the address at the end of these Terms of Use; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment for all fees associated with your purchased Services or Content or entitle you to a refund of any payments remitted to Machine Lista .
The Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Machine Lista to exercise or enforce any right or provision of the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under the Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy without the prior written consent of Machine Lista, and any assignment or transfer in violation of this provision shall be null and void. Machine Lista reserves the right to seek all remedies available at law and in equity for violations of these Terms and any supplemental terms, policies, rules and guidelines posted on the Site or in connection with the Content or Services, including the Privacy Policy set forth on the Site, including without limitation the right to block access from a particular internet address. The relationship between you and Machine Lista is one of independent contractors. Neither you nor Machine Lista will represent that you or it has any authority to assume or create any obligation, express or implied, on behalf of the other party or represent the other party as agent, employee or in any other capacity, except as specifically provided herein.
If there are any questions regarding these Terms, you may contact us at: desk@machinelista .com
Machine Lista
ABN 93 200 249 880
