Welcome to Buy&Sell. By using Buy&Sell (including ________ and its related sites, services and tools), all users agree to the following terms and conditions.

 Using Buy&Sell

 While using Buy&Sell, services and tools, users will not:

  • post content or items in an inappropriate category or areas on Buy&Sell’s sites and services;
  • post any content or item that is illegal, immoral, racist, dangerous, prohibited, or otherwise deemed, at the sole discretion of Buy&Sell, as inappropriate or a violation of its policies;
  • violate any laws or , third party rights, or Buy&Sell’s policies such as the Prohibited and Restricted Items policies;
  • use Buy&Sell’s sites or services if the user is not able to form legally binding contracts, is under the age of 18, or is temporarily or indefinitely suspended from Buy&Sell’s sites;
  • as sellers, fail to deliver items purchased from as the user, unless the buyer fails to meet the posted terms, or the user cannot authenticate the buyer's identity;
  • as buyers, fail to deliver payment for items purchased by as a buyer, unless the seller has materially changed the item's description, a clear typographical error is made, or the buyer cannot authenticate the seller's identity;
  • manipulate the price of any item or interfere with other user's listings;
  • circumvent or manipulate Buy&Sell’s fee structure or fees owed to Buy&Sell;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Buy&Sell);
  • transfer the user’s Buy&Sell account (including feedback) and User ID to another party without Buy&Sell’s consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Buy&Sell, or the interests or property of Buy&Sell users;
  • copy, modify, or distribute content from the sites and Buy&Sell’s copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent; or
  • use existing Buy&Sell accounts or create new Buy&Sell accounts in order to circumvent or avoid buying or selling limits, restrictions, holds or other policy consequences.

Abuse of ing Buy&Sell website

Without limiting other remedies, Buy&Sell may limit, suspend, or terminate the service and user accounts, prohibit access to its sites and content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if Buy&Sell, at its sole discretion, determines that the user is are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of Buy&Sell policies (for example, and without limitation, policies related to feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing other users).  Additionally, Buy&Sell may, in appropriate circumstances and at its sole discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. Buy&Sell also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Content

All content provided by the user shall grant Buy&Sell a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, and database rights (but no other rights) the user has in the content, in any media known now or in the future.

Limitation of Liability and Indemnity

Users agree to hold Buy&Sell and TV5 Network Inc. (“TV5”), including its officers, directors and employees, free and harmless from any responsibility for other users’ content, actions or inactions, or items user’s list. User acknowledges that Buy&Sell and TV5 are not involved in the actual transactions between buyers and sellers and have no control over and do not guarantee the quality, safety or legality of items advertised, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

The user hereby releases Buy&Sell and TV5 and their officers, directors, agents, subsidiaries, joint ventures and employees, if any dispute a user may have with one or more users, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

The user shall indemnify and hold Buy&Sell and TV5 and their officers, directors, agents, subsidiaries, joint ventures and employees from any claim or demand, including reasonable attorney’s fees, made by any third part due to or arising out of the user’s breach of this Agreement, or the user’s violation of any law or rights of a third party.

Access and Interference

Users agree that they will not:

  • take any action that imposes or may impose (in Buy&Sell ‘s sole discretion) an unreasonable or disproportionately large load on Buy&Sell’s infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except user’s information) from the sites without the prior expressed written permission of Buy&Sell and the appropriate third party, as applicable; or
  • interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites.

Privacy

Buy&Sell shall not sell or rent the user’s personal information to third parties for their marketing purposes without the user’s explicit consent. Buy&Sell shall use the user’s information only as described in the Buy&Sell’s Privacy Policy. 

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

No Waiver

The failure of Buy&Sell at any time or times to require performance by the user of any provision of this Agreement shall not affect, in any way, the right of Buy&Sell to require performance of that or any other provision, and any waiver by Buy&Sell of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any other right under this Agreement. 

No Assignment

Except as otherwise stated in this Agreement, no rights, interests or obligations herein (whether wholly or partly) may be transferred, assigned, pledged, novated or otherwise disposed of without the prior written consent of Buy&Sell.

Governing Law and Venue of Litigation

This Agreement shall be governed by and construed in accordance with the laws of the Philippines. In case of any dispute arising from, or in connection with this Agreement, venue of action shall solely be in the competent court of the National Capital Judicial Region,  Pasig City.