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Terms and Conditions of Use
Terms and Conditions of Use
Posted by
pcpilipinas,
Mar 27, 2007
The following describes the terms on which PC Pilipinas offers you access to our services.
Introduction
Welcome to PC Pilipinas. By using the services available from the domain and sub-domains of www.pcpilipinas.com (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with PC Pilipinas.com and the general principles for the web sites of our subsidiaries and international affiliates. If you reside outside of the Philippines, you are still considered to abide by PC Pilipinas’ Terms and Conditions of Use. If you have any questions, please refer to the Help section on the Site.
Before you may become a member of PC Pilipinas, you are required to read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other PC Pilipinas branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites.
This Agreement is effective on April 30, 2007 for current users, and upon acceptance for new users.
Using PC Pilipinas
While using the Site, you will not:
• post content or items in an inappropriate category, manner or areas on the Site;
• violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
• use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's de$cription after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to PC Pilipinas;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information: email addresses, websites, etc.);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to PC Pilipinas);
• transfer your PC Pilipinas account (including feedback) and User ID to another party without our consent;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm PC Pilipinas, or the interests or property of PC Pilipinas users;
• copy, modify, or distribute content from the Site and PC Pilipinas’ copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.
Prohibited and Restricted Items
The following is considered Prohibited and Restricted Items for sale or purchase:
• Illegal drugs, medicine/narcotics, herbal/non-herbal or any form of sedatives / “Party Drugs”;
• Food & Beverages (Alcoholic / Non-Alcoholic);
• Pirated Software or Audio/Video CD’s / DVD’s;
• Travel or Entertainment tickets / passes;
• Fixed Property / Real-estate;
• White slavery / Prostitution / Sex;
• Medical Equipment or Service;
• Construction Equipment or Service;
• Stolen / Smuggled items (legal or illegal items);
• Websites, email, and other non-tangible form of electronic media;
• Copyrighted / Non-copyrighted Manu$cripts;
• Copyrighted / Non-copyrighted Images and Photos (Soft copy or Hard copy);
• Copyrighted / Non-copyrighted Artworks;
• Non-existent items (legal or illegal items);
• Explosives, Weapons and Firearms;
• Animals Domestic / Farming / Exotic;
• Plants;
• Businesses;
• Exam Leakages;
• Transportation Vehicles;
• Including brand names, company logos or trademarks into your item's name other than the specific brand name, logo or trademark used by the item's manufacturing company;
• Any non-related items not found within the main categories of PC Pilipinas
In case of any items found here, the user who intended to sell / purchase the said Prohibited and Restricted Items above shall be suspended or permanently banned in the use of this website without prior notice. PC Pilipinas reserves the right to implement strict guidelines in the sale or purchase of items inside the Site.
User Trade Rights
PC Pilipinas recognizes the Seller’s right to subject or change his/her own preferred price of sale and to refuse trade to another buyer before any given transaction. Under or over pricing will not be a subject of complaint. However, the Buyer also has the right to refuse purchase or deal before any given transaction.
PC Pilipinas will not be held liable under any circumstance where the Seller changes the price of sale different from the posted price or item inside the Site.
Sale and Disclosure of Items
PC Pilipinas recognizes the safety of every user within the website. Any change to prices after a settled deal announced within the Site will not be considered. For the Seller’s and Buyer’s protection, PC Pilipinas gives appropriate features such as “Sold to this User” option within the transaction page of the item to indicate Sale and Disclosure.
Trading within the Site is highly recommended for User’s safety, please keep deals within the Site in order to implement any complaints to any Seller or Buyer.
Pricing
Pricing rules will be implemented within the Site:
• Primary currency for Sale will be in Philippine Peso. Any other currency will follow the currency value of the Philippine Peso of the given announcement date of sale;
• The Seller reserves the right to subject or change the item price before any given transaction;
Abusing PC Pilipinas
PC Pilipinas’ and the Community work together to keep the site working properly and the Community safe; please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Joining PC Pilipinas, posting reviews, and bidding on listed items is free. However if charges will be implemented, a 30-day notice will be imposed before the first charging of any service rendered by PC Pilipinas. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Liability
You will not hold PC Pilipinas responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional seller/buyer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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.
Access and Interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to PC Pilipinas by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of PC Pilipinas and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the PC Pilipinas Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete de$cription of how we use and protect your personal information, see the PC Pilipinas Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Immunity
Upon registering on PC Pilipinas, you automatically subject PC Pilipinas on agreement of Immunity of all personal or business liabilities. Any disagreement, damages, or law suits made while the use or misuse of PC Pilipinas’ website, PC Pilipinas will not be held liable for all. As agreed on this User Agreement, you are liable to abide by these rules.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
General
PC Pilipinas Inc., is located at #7 P. Liwanag Street, BF Resort Village, Las Piñas City, Philippines, 1740. If you reside outside of the Philippines and registered on this Site, the services are offered by PC Pilipinas is the same as above stated address. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
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