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Terms of Use

Terms of Use Introduction; Consent to Terms

These Terms and Conditions apply to Machinery Pete, LLC website. Please read these Terms and Conditions before using the Machinery Pete, LLC website, by using Machinery Pete, LLC website, you agree to be bound by these Terms and Conditions and the Privacy Policy. If you do not agree to these Terms and Conditions and the Privacy Policy, please exit the Service and do not use the Service or any of its features.

We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms and Conditions and/or an updated Privacy Policy on the Machinery Pete, LLC website. Please check these Terms and Conditions and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms and Conditions or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Service following the posting of updated Terms and Conditions or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms and Conditions and the Privacy Policy are separate and distinct from the terms of use and privacy policy governing any web site that may link to or from Machinery Pete, LLC website.

Copyrights

The contents of the Machinery Pete, LLC website are protected by U.S. and international copyright laws. The contents of the Machinery Pete, LLC website, including Podcasts, Content Feeds, API Content and other features, are owned by or licensed to us. In the case of User Materials (as defined in the "User Materials" section below), the contents are licensed to Machinery Pete, LLC website by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Machinery Pete, LLC website without our prior written consent, except as provided below. All rights not expressly granted in these Terms and Conditions are reserved to Machinery Pete, LLC website.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests we promote or endorse your, or any third party's, causes, ideas, web site, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on Machinery Pete, LLC website that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on the Machinery Pete, LLC website may be used in any media without attribution to us.

You may use the Content Feeds, API Content, Podcasts and other features of Machinery Pete, LLC website only as expressly permitted in the relevant paragraphs below in these Terms and Conditions.

Any other use of Machinery Pete Web Site content requires our prior written permission.

Trademarks

MP Web Site logos and other names and logos are service marks of Machinery Pete, LLC, or other entities that have licensed the use of their names and logos to the Service. All rights are reserved by the respective owners. You may not use any MP Web Site-provided service marks, logos or graphics, without our prior written consent, except that you shall have the right, and obligation, to use any MP Web Site or other service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, MP Media Player, or other functionalities of Machinery Pete, LLC website, subject to the requirements set forth in these Terms and Conditions for the use of the API Content, Content Feeds or other functionalities of Machinery Pete, LLC website.

User Materials

Through the Community portion of the Service, through the Contact Us page, and through other features of the Machinery Pete Website, users may post, upload, transmit and/or otherwise submit ("Submit") comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations ("User Materials"). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by our staff and on the Internet by the general public. You acknowledge that the Machinery Pete, LLC website, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Machinery Pete, LLC website. However, by submitting User Materials on or through the Machinery Pete, LLC website, you hereby grant us and our licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Machinery Pete, LLC website, the Service, third party licensee web site, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant the Machinery Pete, LLC website and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the Machinery Pete, LLC website a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Machinery Pete, LLC website, to use your User Materials pursuant to these Terms and Conditions, and as permitted by the functionality of the Machinery Pete, LLC website (such as through widgets and API Content distribution).

For any User Materials you Submit on or through the Machinery Pete, LLC website, you agree to abide by the Terms and Conditions set forth below and any the Social Networking Discussion Rules (for User Materials Submitted through the Machinery Pete Community or in response to a Machinery Pete Blog). You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Framing

Framing of the Machinery Pete, LLC website is prohibited.

Links to Machinery Pete, LLC website

We encourage and permit links to content on Machinery Pete, LLC website. Therefore, the linking should not (a) suggest that we promote or endorse any third-party's causes, ideas, web site, products or services, or (b) use MP Web Site content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third-Party Site

Machinery Pete, LLC website provides links to Internet site maintained by third parties. We have no control over those third-party web site and do not endorse the content, operators, products or services of such site. Machinery Pete, LLC website is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such site. We 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 use of or reliance on any such content, products or services available on or through such site.

Use of Third-Party Services

In some cases, features on Machinery Pete, LLC website are offered through tools provided by a third party over which we have no control, influence, or oversight. You should only use these third-party tools if you agree to be bound by their respective terms of use. Your use of these sharing features indicates your acceptance of the Third-Party End User Agreements.

Content Feeds

Machinery Pete, LLC website may provide Really Simple Syndication (RSS) Feeds and provide or may provide other content feeds, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (extensible Markup Language) technology, or other syndication technology (individually, a "Content Feed" and collectively, the "Content Feeds"). The Content Feeds are available for personal, noncommercial use or for noncommercial use on web site, weblog or similar applications, provided that (a) the links redirect the user to Machinery Pete, LLC website when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable MP Web Site page, (c) the use or display does not suggest that Machinery Pete, LLC website promote or endorse any third party causes, ideas, web site, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or Corporation web site, weblog or similar application, (a) you may not redistribute the Content Feed, and (b) you must provide attribution to the MP Web Site or the relevant Content Feed provider adjacent to the Content Feed, by including "MP News Headlines" or "Machinery Pete" or the name of the relevant Content Feed provider in text adjacent to the Content Feed. Any other use of MP Web Site trademarks or service marks, the names or service marks of any Content Feed provider, or of the Content Feeds requires the prior written permission of the Machinery Pete, LLC website. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use. We reserve the right to discontinue providing Content Feeds and to require that you cease accessing or using the Content Feeds, or any content contained in the Content Feeds at any time for any reason.

API Content

Machinery Pete, LLC website may enable users to access certain content, including audio, text, images and other content through an application programming interface (API). Content accessed through the API ("API Content") is available to registered users only for personal, non-commercial use, or for noncommercial online use.

If you have registered with Machinery Pete, LLC website, you may use the API Content for personal, non-commercial use, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links to API Content redirect the user to the MP Web Site when the user clicks on them. All audio must be streamed from the originating servers (through direct links that redirect the user to the Machinery Pete, LLC website; (c) the date of all API Content is displayed with that content; (d) your use or display of API Content must not suggest that the MP Web Site promotes or endorses you or any third party or the causes, ideas, web site, products or services of you or any third party; (e) you shall not modify any API content, headlines, links or metadata included in the API Content; (f) you shall not use the API Content in any way that changes or distorts the fundamental meaning of the content; (g) you may use only a limited amount of content from the API; you may not re-create Machinery Pete, LLC website or any portion thereof; (h) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source's web page; and (i) you must provide attribution for the content source (MP Web Site), by including "MachineryPete" in text in connection with the API Content, and provide a link back to the source's web site. Any other use of the Machinery Pete, LLC website’ trademarks or service marks, the names or service marks of any API Content source, or of the API Content requires our prior written permission.

We reserve the right to include or apply sponsorship and / or advertising to any API Content and to track usage of the API Content. We reserve the right to discontinue providing API Content and to require that you cease accessing or using the API Content, or any content contained in the API Content, at any time for any reason.

Machinery Pete Media Player

We may offer an audio and video player for accessing audio and video content on Machinery Pete, LLC website (the "MP Media Player"). The MP Media Player may be embedded or displayed on your personal web site, weblog, or similar application for personal use, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the Machinery Pete, LLC website when the user clicks on them, and all content is streamed from the originating MP Web Site servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the MP Media Player; (d) you shall not delete or modify the MP logos contained in the MP Media Player; (e) your use or display of the MP Media Player must not suggest that all Machinery Pete, LLC website promote or endorse you or any third party or the causes, ideas, web site, products or services of you or any third party; (f) you shall not use the MP Media Player in any way that changes or distorts the fundamental meaning of the content; and (g) you may not insert any intermediate page, splash page or other content between the links contained within the MP Media Player and the Machinery Pete, LLC website. Any other use of MP Web Site trademarks or service marks, the MP Media Player, or of any content contained within the MP Media Player requires our prior written permission. We reserve the right to discontinue providing the MP Media Player and to require that you cease accessing or using the MP Media Player, or any content contained in the MP Media Player, at any time for any reason.

Social Networking Discussion Rules

By using the Service, including by registering for the Service, participating in the MP Web Site Community, Submitting User Materials through the MP Site Community, the Contact Us page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the Machinery Pete, LLC website, you agree to the following rules:

1. You must be at least eighteen (18) years of age to register for or participate in the MP Community or other social networking features of the Machinery Pete, LLC website; submit any User Materials or personally identifiable information on or through the Machinery Pete, LLC website; participate in any online contests. If you are between the ages of 13 and 18, you may browse Machinery Pete, LLC website or register for email newsletters or other features of the with the express consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally identifiable information from a child under the age of 13, we will remove that information from our database as soon as possible.

2. You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

3. You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

4. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Machinery Pete, LLC website and their users (to the extent permitted by these Terms and Conditions) to use and distribute any User Materials.

5. The Service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Machinery Pete, LLC website for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

6. You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, "spam," or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Service.

7. You may not interfere with or disrupt the integrity or performance of the Machinery Pete, LLC website or any portion or contents thereof, or use these Web Site in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorized access to Machinery Pete, LLC website or related systems or networks.

8. By submitting any User Materials on or through the Service, you hereby grant Machinery Pete, LLC website, their licensees, and users of these Web Site (to the extent permitted by the Terms and Conditions) the licenses to use those User Materials as set forth above in the "User Materials" section.

9. You are solely responsible for any User Materials submitted using your account. We do not and cannot review all User materials submitted by you or others and are not responsible for any User materials submitted by you or others on or through the Service. However, we have the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that we deem, in our sole discretion, to be in violation of the Terms and Conditions of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the MP Community), or for any other reason, as determined in our sole discretion.

10. We are not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Service. We cannot verify the accuracy of statements that users make or place on or through the Service, and do not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms and Conditions or the Social Networking Discussion Rules (for User Materials Submitted through the MP Community).

11. By using the Service, you agree to abide by these rules. You acknowledge that we have the right (but not the obligation) to review, screen, delete, edit or move content or material that we deem, in our sole discretion, to be in violation of these Terms and Conditions, the Social Networking Discussion Rules (for User Materials Submitted through the MP Community), or for any other reason. You further acknowledge that we have the right to limit or terminate your, or any other person's, access to or registration in the Service for any reason, in its sole discretion, including violation of these Social Networking Discussion Rules or the Terms and Conditions.

12. You agree to comply with the Social Networking Discussion Rules, as we may update them from time to time.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by Machinery Pete, LLC website and these Terms and Conditions, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by Machinery Pete, LLC website and these Terms and Conditions, (d) the User Materials, and their use by Machinery Pete, LLC website, their licensees, and users (pursuant to these Terms and Conditions) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms and Conditions or the Social Networking Discussion Rules (for User Materials Submitted through the MP Community, and (e) your use of the Service complies with these Terms and Conditions. You agree that you will indemnify and hold harmless Machinery Pete, LLC website and their respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the User Materials you have Submitted on or through the Service, or (4) the Service’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by the Service or its licensees and users.

Sponsorship Disclosure

Machinery Pete, LLC website offers content, tools, information and other materials written or maintained by Machinery Pete, LLC and its editorial partners. Forms of sponsorships, including paid advertising, may be accepted for some of these materials.

Compensation for sponsorship of MP-branded materials offers the sponsoring client no input regarding content, including editorial phrasing, included images, topics, etc.

The views and opinions expressed on MP-branded material are that of Machinery Pete, LLC and/or the specific author(s) and are not influenced by advertising partners.

Disclaimer

THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE MACHINERY PETE, LLC WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.

LIMITATION OF LIABILITY

IN NO EVENT WILL MACHINERY PETE, LLC WEBSITE, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL MACHINERY PETE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD-PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change Machinery Pete, LLC Website

We have the right to change the Machinery Pete, LLC website, terminate or cease providing the Machinery Pete, LLC website, or delete content, materials or features in any way, at any time or for any reason or no reason.

Online Shopping

In the event a product or event available on or through Machinery Pete, LLC website is listed at an incorrect price or with incorrect information, we will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

Machinery Pete, LLC website respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Machinery Pete, LLC website, please provide the following information in writing to Kevin Doyle, CEO Machinery Pete, LLC (see 17 U.S.C. Section 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

2. A description of the copyrighted work that you claim has been infringed.

3. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

4. Information so that we can contact you, such as address, telephone number and e-mail address.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to Machinery Pete, LLC website, that were subsequently removed from Machinery Pete, LLC website, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

1. Your physical or electronic signature.

2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Only DMCA notices should be sent to the Machinery Pete website DMCA Copyright Agent. For other comments or questions regarding Machinery Pete, LLC website, please contact us through E-mail at customersupport@machinerypete.com.

International Users

The Service is controlled and operated within the United States. We make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous

These Terms of Use, together with the Privacy Policy and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of Machinery Pete, LLC website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of Machinery Pete, LLC website.

These Terms and Conditions shall be governed by and construed under Pennsylvania law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Pennsylvania. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about these Terms and Conditions, please contact Machinery Pete at customersupport@machinerypete.com.