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.
While using Buy&Sell, services and tools, users will not:
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.
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:
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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.
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.