Terms of Use

Buysellunderten Terms of Use
Introduction. Welcome to www.Buysellunderten.com. Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools, including but not limited to the Buysellunderten App (collectively "Services"). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services. By accessing the Services you are agreeing to the following terms, which are designed to make sure that the Services work for everyone. The Services are operated and owned by Web Production Pte Ltd, also referred to below as "Buysellunderten", “we” or “us”.

Your Account
To access and use some of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password hard for others to guess.
You may connect to the Services with a third-party service (e.g., Facebook) and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at Customer Support.


Using Buysellunderten
As a condition of your use of the Services, you must be over 18 years of age. You agree that you will post in the appropriate category or area and you agree that you will not do any of the following bad things:
• violate any laws or the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or send communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Buysellunderten, the Services or the interests or property of Buysellunderten users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
• copy, modify, or distribute any other person's content without their consent;
• use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to the Services.


Posting Rules
The following activities are prohibited from Buysellunderten:
Any Ads that do not comply with the Buysellunderten policy will be removed from the site. Additionally, users that violate such policies will be blocked from using Buysellunderten in the future.
Our general rule is that you may not list, buy or sell items or services that are illegal to own, buy or sell in your country of residence, or that are not bought or sold in compliance with applicable laws and regulations.
You are responsible for ensuring compliance with all applicable laws relating to the item you list, buy or sell.
•    Posting an Ad if you are not located in Singapore
•    Posting an Ad in a language other than English. All ads must be posted in English although translations in other languages in addition to English text is OK.
•    Posting an Ad that contravenes the Buysellunderten General Terms of Use
•    Posting an item for sale that is not located in Singapore
•    Posting an item for sale that is illegal to own, buy or sell in your area of residence
•    Posting an Ad that is not descriptive enough (Ads that do not provide enough detail will be placed on hold or removed as this makes for a bad browsing experience
•    Posting an ad that is contrary to the Prohibited Content Policy
•    Posting an ad that is discriminatory on race / religion / nationality
•    Posting duplicate Ads in multiple categories
•    Posting Ads using multiple different email addresses
•    Posting an Ad that serves no other purpose other than to send traffic to a web site
•    Posting a multi-level marketing or other prohibited job
•    Posting an Ad that contains adult, mature or erotic content. Personals are not allowed
•    Posting an Ad that defames anyone or contains "hate speech"
•    Posting opinions, notices, and discussion topics not in the discussion forums (where available)
•    Posting deliberately misleading information


Prohibited Content
The list below details what can't be posted on Buysellunderten:
* Representatives from reputable direct sale companies (such as Avon, Tupperware, Watkins) are permitted to post one (1) ad in the most appropriate Services Category of their closest Buysellunderten City, advertising their presence, or any new product lines or promotions that are available. Any ads in the Buy and Sell sections, or any ads attempting to recruit new representatives will be removed.
1.    Abortion services or products (including abortifacients)
2.    Ads seeking loans or financial assistance
3.    Ads seeking to overtly promote religion
4.    Adult, Sexual or Erotic Products and Services
5.    Alcoholic Beverages
6.    Wild or Endangered Animals or Plants and their Parts and By-products
7.    Blood, Bodily Fluids, Organs and other Body Parts
8.    Breast Developing or Enhancing Products and Devices
9.    Burglary Tools
10.    Chewing Gum (except oral and dental gum)
11.    Child Adoption Services (other than by child adoption agencies)
12.    Counterfeit currency, stamps or coins or photographs, drawings, designs or reproduction of currency
13.    Counterfeit Products, Replicas or Knock-off Brand Name Goods
14.    Drugs, Controlled Substances, Psychotropic Substances, items used to manufacture drugs and Controlled or Psychotropic Substances and related paraphernalia
15.    Electronic Surveillance Equipment
16.    Embargoed Goods
17.    Escort or accompanying services
18.    Films, Video and Video Games which are not approved for sale pursuant to the Films Act
19.    Fireworks, Firecrackers and other Destructive Devices and Explosives, including replica/dummy/model explosives and other components
20.    Food of any volume beyond the personal consumption limits stipulated by the Agri-food and Veterinary Authority of Singapore
21.    Gambling Services, Lottery Tickets, Sweepstake Entries and Slot Machines
22.    Governmental, Police or Official Uniforms, Badges, IDs, Documents and Licenses
23.    Hair Transplant, Hair Growth Promotion, Hair Loss Prevention Services or Products
24.    Hazardous Materials and Prohibited or Controlled Items (including radioactive or toxic materials, ionising radiation irradiating apparatus, non-ionising radiation irradiating apparatus such as all types of x-ray apparatus, laser apparatus, laser pointers, ultrasound apparatus, microwave ovens, UV sunlamps and MRIs)
25.    Health or Health supplements and Raw Medicinal Products that are required to be registered with the Health Sciences Authority of Singapore
26.    Height Increasing Products or Courses of Treatment (other than ads for "elevator shoes" or similar products)
27.    Illegal Items and Services (including items such as mod chips or modding services that may encourage or facilitate illegal activity)
28.    Identity Documents, Personal Financial Records & Personal Information (in any form, including mailing lists)
29.    Massage Services or Establishments
30.    Medical Services or Treatments (including any product or service which needs the attention of a registered medical practitioner)
31.    Merchandise or services from network marketing companies, independent franchisees or distributors, or similar representatives*
32.    Obscene or Sexually Violent Material, Pornography, Pictures or Images that contain nudity and other materials, articles or matters that may breach the Undesirable Publications Act
33.    Offensive, abusive, seditious, subversive, treasonable or defamatory documents, publications and materials or any other materials which may incite ethnic, racial or religious hatred, strife or intolerance or which offend the sensitivities of any ethnic, racial or religious group
34.    Pesticides or poisons
35.    Pharmaceuticals, Medicines, Medicinal Products, complementary medicines (including Chinese proprietary medicines), health supplements, raw medical ingredients, cosmetic products, medical devices or other similar products or devices, ads for the treatment of diseases, such as headaches, or ads or products subject to medical or similar advertisement control.
36.    Political ads (including ads for a political party or body of a primarily political nature)
37.    Products or Materials which unlawfully reproduce or otherwise infringe copyrighted publications, video or audio discs, software or other materials
38.    Prostitution or ads that offer sex, sexual favours or sexual actions in exchange for money or other consideration
39.    Radio communication and telecommunication products or equipment (including access cards, password sniffers, radar scanners, traffic signal control devices or cable descramblers and toy walkie-talkies)
40.    Recalled items
41.    Rejuvenation products (including products which prevent, retard or reverse the physiological changes and degenerative conditions brought about by, or associate with, increasing age)
42.    Singapore arms and flag, and any products of Armed Forces or items belonging to the Armed Forces
43.    Solicitation of other users except by placing an ad
44.    Stocks, Bonds and Other Securities
45.    Stolen Property
46.    Taxidermied Animals
47.    Tobacco Products (including chewing tobacco, imitation tobacco products and electronic cigarettes) and ads which promote smoking, cigarettes and tobacco brands (including ads for non-tobacco products associated with tobacco brands)
48.    Unlicensed electrical or gas or water service workers, providers of security services, moneylenders, money changes or remittance business and private investigators
49.    Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, knives, archery equipment, and martial arts weapons)
50.    Thermometers intended for use in measuring human temperature


Abusing Buysellunderten Services
Buysellunderten and the Buysellunderten community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you submit to Buysellunderten and any consequences that may result from your post. We can at our discretion refuse, delete or take-down content that we believe is inappropriate or breaching the above terms. We also can at our discretion restrict a user's usage of the Services either temporarily or permanently, or refuse a user's registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, we do not accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also recognise and accept that Buysellunderten is not under any obligation to monitor any data or content which is submitted to or available on the Services.

Global Marketplace
Some of the Service’s features may display your ad on other sites that are part of the global Web Production Pte Ltd community, like on Web Production Pte Ltd or our classifieds sites in other countries. By using the Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is reported on any of our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services
Using the Services is generally free, but we sometimes charge a fee for certain features. If the feature you use incurs a fee, that will be clearly disclosed at the time you post your ad. Our fees are quoted in Singapore Dollars, and we may change them from time to time. We'll notify you of changes to our fees by posting such changes on the site. We may from time to time choose to temporarily change our fees for promotional events or new features. Our fees are non-refundable and you are responsible for paying any fees that you incur when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, including third party debt collection services.

Content
Buysellunderten’s Services contain content from us, you, and other users. Buysellunderten is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy or, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When providing us with content or causing content to be posted using our Services, you grant us, and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future.
This means that we are entitled to host, cache, route, transmit, store, copy, modify, reproduce, distribute, syndicate, publish, translate, use, publicly perform, publicly display, reformat, modify, edit, excerpt, analyze, and create algorithms and derivative works from your content, or otherwise use such content. We may at our discretion post your content in other apps owned by Buysellunderten (such as the Buysellunderten Jobs App), on Web Production Pte Ltd or on third party sites. Further, to the fullest extent permitted under applicable law, you waive your moral rights and agree not to assert such rights or any other intellectual property or publicity rights against us, our sub-licensees, or our assignees. You represent and warrant that none of the following infringe the licence (or any part thereof) granted to us in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with the Buysellunderten Terms of Use.


Content Provided by User
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through Buysellunderten only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on Buysellunderten, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Buysellunderten the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit Buysellunderten to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use. Where you have provided your e-mail address, you are expressly allowing Buysellunderten to send you e-mail for e-mail updates. E-Mail updates comprise responses to your postings, newsletters, system updates, and other updates as Buysellunderten may offer from time to time. Where you have provided your registration information, you are expressly allowing Buysellunderten to submit such information to outsource partner sites to create an account on your behalf for the purpose of managing off-site content, including but not limited to video uploads submitted by your account at Buysellunderten.

Notification of Infringement
Buysellunderten reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Buysellunderten Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action.  If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Buysellunderten in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
All Infringement Notices shall be sent to Buysellunderten addressed as follows:
[email protected]

Buysellunderten will duly consider all Infringement Notices submitted in the above manner.  In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Buysellunderten in respect of any Infringing Material, unless you have first given Buysellunderten the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Buysellunderten refuses or fails to remove the Infringing Material within a reasonable time.  Where Buysellunderten removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Buysellunderten under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Buysellunderten.
You acknowledge and agree that Buysellunderten has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.  


Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of Buysellunderten in operating Buysellunderten, or any change in Content, is for you to discontinue accessing Buysellunderten. Buysellunderten may terminate or temporarily suspend your access to all or any part of Buysellunderten, without notice, for conduct that Buysellunderten believes is a violation of this Agreement or any policies or guidelines posted by Buysellunderten, or for other conduct which Buysellunderten believes, in its sole discretion, is harmful to Buysellunderten or other Users. Buysellunderten may discontinue operating Buysellunderten and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access Buysellunderten, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from Buysellunderten, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
 
Links
You understand that except for Content, products or services expressly available at Buysellunderten, neither Buysellunderten, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from Buysellunderten. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of Buysellunderten or controlled by Buysellunderten. Buysellunderten neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from Buysellunderten, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither Buysellunderten, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from Buysellunderten or your inability to access the Internet or any site linked to or from Buysellunderten.

Disclaimer of Warranties
Please use your best judgment in evaluating all information contained or opinions expressed on Buysellunderten. It is the policy of Buysellunderten not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF Buysellunderten IS AT YOUR SOLE RISK. NEITHER Buysellunderten NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT Buysellunderten OR ANY INTERNET SITE LINKED TO OR FROM Buysellunderten WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Buysellunderten OR ANY INTERNET SITE LINKED TO OR FROM Buysellunderten OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH Buysellunderten OR ANY SITE LINKED TO OR FROM Buysellunderten. Buysellunderten IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability
The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent legally permitted, we do not give any promises or warranties (whether express or implied) about the availability of our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. To the extent legally permitted, we are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

UNDER NO CIRCUMSTANCES SHALL Buysellunderten, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, Buysellunderten, OR ANY INTERNET SITE LINKED TO OR FROM Buysellunderten, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.

UNDER NO CIRCUMSTANCES SHALL Buysellunderten, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN Buysellunderten OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM Buysellunderten. THE CONTENT WITHIN Buysellunderten AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM Buysellunderten MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF Buysellunderten AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. Buysellunderten AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Buysellunderten IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Buysellunderten SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF Buysellunderten, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Buysellunderten.


Indemnification
You will indemnify and hold harmless Buysellunderten and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Release
If you have a dispute with one or more Buysellunderten users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Personal Information
Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail. By using the Services, you agree to the collection, transfer, storage and use of your personal information.

General
These terms and the other policies posted on the Services set out the entire agreement between Buysellunderten and you, superseding any prior agreements.

Mobile Devices Terms
If you're accessing Buysellunderten Services from a mobile device using a Buysellunderten Mobile Application, such as the Buysellunderten App (the "Application"), the following terms and conditions ("Terms of Use") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use
Buysellunderten grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.buysellunderten.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

Intellectual Property – Applications
Buysellunderten owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Buysellunderten's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Buysellunderten Application.

Prohibited Countries Policy and Foreign Trade Regulation - Applications
Buysellunderten Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Buysellunderten Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms
Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
iOS – Apple
1. These Terms of Use are an agreement between you and Buysellunderten, and not with Apple. Apple is not responsible for the Application and the content thereof.
2. Buysellunderten grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the Application.
4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Windows - Microsoft
1. These Terms of Use are an agreement between you and Buysellunderten, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing Services for the Windows Phone Marketplace do not apply to your use of the Application.
2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support Services for the Application.
4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

 
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