BuyandSellPlus Website ("BNSP") is an online community that acts as a platform to allow anyone to offer, sell, buy and trade just about anything at anytime. By accessing and/or using the BNSP Website, you are deemed to have accepted and agreed to be bound by all operational rules and general terms and conditions thereof, including without limitation all the following paragraphs, and to pay any fees associated with the use of the BNSP Website. You likewise agree to be bound by any and all laws, rules, regulations, ordinances and official issuances applicable to the BNSP Website, now existing or which may hereinafter be issued, as well as such other terms and conditions governing the use of other facilities, benefits or services which BNSP may make available to you.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Services in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, mailing address, mobile number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
Member Account, Password and Security
If a particular BNSP Website/Service requires you to register, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a username and password. You shall be responsible for updating the information which you have provided to ensure that the information is always current and valid. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify BNSP immediately of any unauthorized use of your account or any other breach of security. BNSP will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BNSP or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You acknowledge, consent and agree that BNSP may access, preserve and disclose your personal information if BNSP deems necessary or is required to satisfy any applicable law, regulation, legal process or governmental request or in good faith believes that such access, preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that you have violated the rights of others; respond for customer service; protect the rights, property and safety of BNSP, its members and users. BNSP reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in BNSP' sole discretion.
General Use of Services
The BNSP Website offers a highly convenient venue for online transactions designed to help you sell, purchase or otherwise deal in various goods (collectively, the "Services"). You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using a Service, you will not: Use the Service in connection with any unsolicited or unauthorized advertising, promotional materials, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative messages. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. Harm minors in anyway. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, vulgar, infringing, obscene, libelous, indecent or unlawful topic, name, material or information. Publish, post, upload, distribute or disseminate any file or information that infringes or may infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party or contain any material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or have received all necessary authority to do the same. Publish, post, upload, distribute or disseminate any material that contains, with or without your knowledge, viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer code or programs designed to interrupt, destroy or damage the operation of any computer software or hardware or telecommunications equipment or property. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded. Harvest, use "robots" or otherwise collect information about others, including email addresses. Restrict or inhibit any other user from using and enjoying the Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service. Violate any applicable laws or regulations. Impersonate any person or entity or misrepresent affiliation with a person or entity or create a false identity for the purpose of misleading others. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of BNSP Website/Services or other user or usage information or any portion thereof. Use the Website/Services in transactions that involves real property or any interest in real property, the sale or transfer of liquor licenses, the sale of a business (bulk sale), the transfer of title to a business entity or fund, reservation deposits of any kind, or promissory notes, mortgages or deeds of trust. In addition, BNSP, in its sole discretion, may refuse to complete any Transaction that BNSP has reason to believe is unauthorized or made by someone other than you, may violate any law, rule, or regulation, or if BNSP has reasonable cause not to honor it. Each User agrees to indemnify and hold BNSP harmless and not liable for losses resulting from any use or attempted use of the Services in violation of this Agreement.
BNSP has no obligation to screen and monitor the Services. However, BNSP reserves the right to review messages and other data posted to a Service and to remove such messages and data in its sole and exclusive discretion. BNSP reserves to right to civilly or criminally prosecute you for providing any form of false or misleading information to BNSP, regardless of the nature of the information.
Always use caution when giving out any personally identifying information about yourself or your children in any Service. BNSP does not control or endorse the content, messages or information found in any Service and, therefore, BNSP specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service. Managers and hosts are not authorized BNSP spokespersons, and their views do not necessarily reflect those of BNSP.
You agree that all disclosures and communications regarding this Agreement and the Service may be made by email and/or by mobile phone. Any electronic disclosure or communication we make will be considered made when it is sent to you.
BNSP User Profile
BNSP has provided a User Profile Service for the users of the BNSP Website where are ratings, comments and feedback about a particular use may be posted and accessed by others. You shall not post any defamatory, libelous, profane, obscene, indecent, abusive, harassment or any unlawful message, material or information in the User Profile. BNSP shall not be liable for any damages or losses you may incur in connection with or arising out of the ratings, comments, feedback, messages, material or information posted by others in your User Profile.
Fees and Other Charges
BNSP reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. BNSP further reserves the right to alter any and all fees from time to time, without notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
BNSP Classifieds, Trading Corner, Auction and Looking For
BNSP Classifieds, Trading Corner, Auction and Looking For are offered solely as forum for you to utilize the Services to trade, buy and sell goods. BNSP is not involved in any transaction between you and any other party who uses the Website, and is not acting as your or any other party's agent. BNSP cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold, or whether a transaction will be completed as described by the seller or the buyer. Further, BNSP cannot control or warrant the behavior of the users of the Services. As such, your use of BNSP Classifieds, Trading Corner, Auction and Looking For and its Services is at your own risk, and BNSP disclaims any liability with regard to use of said Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release BNSP, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or in connection with any and all listings, transactions or any other use of BNSP Classifieds, Trading Corner, Auction and Looking For and the Services. Further, because BNSP is not involved in any transactions between you and other users of the Services, BNSP cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods, except to provide access to a User Profile where ratings, comments and feedback about a particular user may be posted and accessed by others.
Without limitation, by listing an item for sale, you represent and warrant that you have the legal right to sell and deliver the item, that the offer for sale shall not be withdrawn after the same has been made, that the item is not counterfeit, that it is a genuine authentic item, that the photograph and description you have provided therefore is accurate and shall not in anyway mislead others; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid or offer, and that the bid or offer shall not, at any time, be withdrawn after the same has been made, and the resources to honor the bid or offer and in the event that you are the winning bidder, you warrant that you shall purchase the subject goods at the bid price.
It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the BNSP Classifieds, Trading Corner, Auction and Looking For: firearms, explosives, and ammunition; alchoholic beverages; tobacco products; pharmaceuticals, prohibited and regulated drugs; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or pre-release software, academic edition software licensed solely for use by authorized educational institutions and other users; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are in BNSP' sole discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause BNSP to violate any law. Statute or regulation. BNSP reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.
You expressly agree that use of the Services is at your sole risk. Neither BNSP, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that the Services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the BNSP Website. BNSP reserves the right, in its sole discretion, to terminate your access to any or all BNSP Services and the related services or any portion thereof at any time, without notice. Upon termination of the BNSP Service, your right to use the BNSP Website/Service immediately ceases. BNSP shall have no obligation to maintain any content or to forward any unread or unsent messages, bids, notices, materials or any data to you or any third party.
Modification of User Agreement
BNSP reserves the right to change the terms, conditions, and notices under which the BNSP Website/Services are offered, including but not limited to the charges associated with the use of the BNSP Website/Services at any time without notice. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the BNSP Website/Services constitutes your agreement to all such terms, conditions, and notices.
BNSP is not responsible for the conduct, whether online or offline, of any user of the Website/Services. BNSP is not involved in the actual transaction between the buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the accuracy of the listings, the ability of buyers to pay for the items or the ability of the sellers to sell or produce the items. We cannot assure that a buyer or seller will complete a transaction.
The Information, Software, Products, and Services included in or available through the BNSP Website/services may include inaccuracies or typographical errors. Changes are periodically made to the BNSP Website/services and to the information therein. BNSP may make improvements and/or changes in the BNSP Website/services at any time.
Intellectual Property Rights
You acknowledge that the BNSP Web Sites may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the existing copyright laws, and the BNSP Website owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Grant of Rights Over Posted Content
By posting, sending or uploading data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, user-name and other material to the BNSP Website, you hereby grant BNSP the non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any manner, form or media throughout the world.
Distribution/Uploading of Third-Party Content
Except as set forth in the immediately preceding paragraph, you may upload to or otherwise distribute on the BNSP Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither BNSP, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User of the BNSP Website, are those of the respective authors and not of BNSP or its affiliates or any of their officers, directors, employees, or agents. Neither BNSP nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other user of the BNSP Websites, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the BNSP Website represents the opinions and judgments of the respective User not under contract with the BNSP Website. BNSP neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the BNSP Website, including those provided in the User Profile Service of BNSP, by anyone other than authorized the BNSP Website employees. Under no circumstances shall the BNSP Website, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the BNSP Website. It is your responsibility to evaluate the information, opinion, advice, or other Content available through the BNSP Website.