NB: Each Bivsale auction is sponsored by BIVMERCHANDISE Ltd and BIVMERCHANDISE brand partners, and is no way sponsored, enforced, or administered by, or associated with any manufacturer or producers.

Welcome to BivSale! These Terms of Use (the “Terms”) apply to your use of the Bivsale (“Biv”, “we”, or “us”) online interfaces and properties, including the Bivsale.com website and BIV mobile applications (the “Site”), and the buying of or bidding on goods or other services offered by Bivsale through the Site. These Terms are a legal agreement and your use of Bivsale’s Services constitutes your acceptance of the Terms contained herein and Bivsale’s Privacy Policy incorporated herein by reference. You must register and accept these terms in order to use the Services. If you do not agree to these Terms or the Privacy Policy, you may not use the Services or any other services provided by Bivsale.

BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

READ THESE TERMS CAREFULLY BEFORE ACCESSING THIS SERVICE OR THE SITE, OR CLICK-ACCEPTING THESE TERMS WHEN REGISTERING TO USE THE SERVICES. THESE TERMS HAVE LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT, YOUR RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO BRING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AGAINST BIVSALE. AS USED IN THESE TERMS, THE SITE MEANS THE ENTIRETY OF THIS WEBSITE AND MOBILE APPLICATIONS INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, SERVICES, INFORMATION, AND ANY PORTIONS THEREOF. THE BIVSALE SERVICES ARE ANY SERVICES OFFERED OR PROVIDED BY BIVSALE AND THE SERVICES AND THE SITE ARE COLLECTIVELY REFERRED TO AS THE SERVICES.

BY BUYING OR BIDDING FOR PRODUCTS OR BY OTHER USE OF THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. THE BIVSALE SERVICES ARE OFFERED AND MAY ONLY BE USED BY PERSONS OVER THE AGE OF 18. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH BIVSALE, AND THAT YOU MEET ALL OF THE ELIGIBILITY REQUIREMENTS DESCRIBED IN THESE TERMS. YOU MAY NOT ORDER, BID, PURCHASE, OR OBTAIN PRODUCTS OR SERVICES THROUGH THE SERVICES IF YOU

Bivsale will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, Bivsale may restrict access to some or all parts of the Services to users, including registered users.

When using the Bivsale Services, a user may spend money on virtual credits such as Bids without receipt of physical items. You are solely responsible for your spending, bidding, and purchasing when using the Services. Bivsale is not responsible or liable for your bidding or spending on Bivsale or through any of the Services. Furthermore, you are solely responsible for, and Bivsale is not responsible for and shall not be liable for, any items that you bid on or purchase through the Services. It is your sole responsibility to only purchase items that you have fully read the product descriptions of and are familiar with. You are solely responsible for your purchases.

  1. Changes to these Terms

Bivsale reserves the right to withdraw, change, or modify these Terms, the Services, or any policy or guideline related to the Services, at any time and from time-to-time in its sole discretion, without notice. Any changes will be effective upon posting of the revisions on the Site and it is your responsibility to check these Terms each time before using the Services so you are aware of any changes, as they are binding on you. Your continued use of this Site and the Services following our posting of them will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES.

The target market for the Services is the United States of America and Australia. Only residents of the aforementioned countries are allowed to use the Service. Bivsale reserves the right to restrict availability of auctions and delivery of items based on the country of the user. The country of the user is identified based on their IP address. The user is responsible for notifying Bivsale at support@Bivsale.com in case of their country of residence is identified incorrectly.

Items purchased through the Services may only be delivered to the continental United States and the states and mainland territories of Australia. Bivsale does not deliver to PO Boxes or to freight forwarding companies. Bivsale may decline shipping to RR boxes. Please contact support before placing an order if you wish to use an RR box.

The Bivsale policies accessible throughout the Site are expressly incorporated by reference into these terms, and you should review each carefully. The procedures and guidelines contained below explain the auction process. The Bivsale Privacy Policy governs the collection and use of user information on the Site. The FAQ provides additional detail on how the Services work, and the House Rules set out important details governing every user’s rights and obligations.

The auction process is a method in which the Site solicits offers from buyers for the sale of lots. By submitting bids, you are making a legal offer to buy the lot. Once a bid is accepted, a contract is created between the buyer and the Site for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By using the Services and bidding on a lot, or by using the ‘Buy It Now’ function, you agree to complete the transaction as described and fulfill any and all contractual obligations.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Services or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site.

You agree not to interfere with the Site, Services, or any transaction and agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on or through the Services. You agree not to impose any unreasonably or disproportionately large load on Bivsale’s systems or facilities. You agree not to put any material on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. Violations of system or network security may result in civil or criminal liability. Bivsale will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Each Bivsale bid (a “Bid”) is a limited, non-transferable, one-year license to place one bid on a Bivsale auction. Bids have no monetary value; are not credited against the purchase price of products purchased on the Site; and may not be exchanged for money or any items of monetary value.

Due to the billing of charges, Bivsale would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices.

You acknowledge that in order to maintain fair and honest auctions, Bivsale retains the right to monitor and enforce any fraudulent or malicious activity on the Site. You acknowledge that you have read what these activities include, but are not limited to, in these Terms, the “House Rules” policy, and you agree not to engage in any of these, or any other fraudulent or malicious activities. As stated herein, Bivsale reserves the right to temporarily or permanently suspend any user account engaged or suspected to engage in any such activities.

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of federal and state laws. Fraudulent bidders may be reported to relevant state and federal law enforcement agencies and Bivsale will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

A bidder may not resell any product or service obtained through the Site and Services without prior written consent from Bivsale. Moreover, a user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use Bivsale as a product delivery mechanism for a brokered or ‘middleman’ agreement or obligation. If it is discovered that a user is, in fact, reselling products obtained from Bivsale, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate Bivsale for any damages.

Bivsale reserves the right to refuse any order you place with us. Bivsale may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, geographic region, and/or orders that use the same phone number, billing and/or shipping address. In the event Bivsale changes or cancels an order, Bivsale will attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made. Bivsale reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, distributors and others who violate these Terms.

No user may permit or assist others to use the Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the Services, including but not limited to the following:

Each user acknowledges that Bivsale’s network may only be used for lawful purposes. Bivsale reserves the right to monitor all network activity. While using Bivsale, each user agrees to refrain from the following prohibited acts:

You may not disclose your username and password to any third party and you agree that you are solely responsible for any use of or action taken under your account. Your password may be used only to access and use the Services. If your user credentials or password is compromised or otherwise disclosed, you must notify Bivsale and change your password immediately in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment necessary to use the Services, including, without limitation, computer hardware and software, modems, network or Wi-Fi connections and telephone service. Further, you are solely responsible for (a) maintaining the security of your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on your location; and (c) any other charges resulting from the use of your account.

  1. Investigation of Violations

We may investigate any violation of these Terms, our policies or guidelines, or any other complaints and take any action that we deem appropriate and reasonable under the circumstance to protect our systems, facilities, users and/or third parties. Our actions may include, but are not limited to, issuing warnings, suspension or termination of the Services or any user accounts, and/or removal of or disabling access to content hosted on Bivsale’s systems. We reserve the right and have absolute discretion to remove or disable access, screen, or edit any content that violates these provisions or is otherwise objectionable. Bivsale also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.

  1. License

By using the Services and submitting any information or materials to Bivsale (“Licensed Materials”), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to use, reproduce, modify, display, and distribute the Licensed Materials, in any existing or future media, known or unknown. Any Licensed Materials you provide to Bivsale will be considered non-confidential and non-proprietary. You agree not to use the Services to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, including the Content Standards set forth below. You acknowledge and warrant that you have the right and authority to provide such license to Bivsale. You understand and acknowledge that you are responsible for any Licensed Materials you submit or contribute, and you, not Bivsale, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Bivsale is not responsible, or liable to any third party, for the content or accuracy of any Licensed Materials posted by you or any other user of the Services. Bivsale has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

You understand and agree that Bivsale or its licensors hold all right, title, and interest to the Services and all intellectual property, material, content, and features provided through the Services, and the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation. You understand and agree that you may only use the content available provided to you through the Services, unless otherwise expressly provided by Bivsale.  You may not conduct the following activities through the Services: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any e-mail or user information, ratings, or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

You agree not to make use of any other users’ information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect to any information disclosed to you by Bivsale regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the Site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information disclosed to you by Bivsale except as provided by these Terms or with our written consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

  1. Content Standards

Your Licensed Materials shall not:

Bivsale has the right to remove or refuse to post on the Service any Licensed Materials for any or no reason in its sole discretion. However, Bivsale cannot review all Licensed Materials before it is posted on its Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Bivsale assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Bivsale has no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

  1. Registration with Bivsale for Use

To use the Services, you must first register for an online user account, consisting of a username, password, credit card information, billing address, and other information as may be required by Bivsale. You may register only once and may only have one account at Bivsale for your personal use. Additionally, each household or “group of users associated with each other”, determined by the sole discretion of Bivsale, may not register or have control over more than two Bivsale member accounts. If a single person is found to have or maintain control over several accounts on Bivsale, or if a household or a “group of users associated with each other” is found to have or maintain control over more than two accounts on Bivsale, all accounts will be immediately suspended, all auctions the accounts have participated in will be voided, and any Bids purchased will be removed without prior warning and without any form of compensation.

During the registration process, the user must choose a username. The username may not offend common decency or infringe upon the rights of third parties. The username may also not be misleading in any way or, in Bivsale’s judgment, closely resemble the identity of an existing user. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete. You agree to maintain and promptly update your user account information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Bivsale has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bivsale may suspend or terminate your account or access to the Services. If you abuse your user account, whether it harms a third party or Bivsale, you may be disqualified and, if applicable, Bivsale may notify applicable authorities of the possibility of a crime.

ACCOUNTS AUTHORIZED TO USE THE SERVICES CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN THE AUTHORIZED ACCOUNT HOLDER. USE OF THIS ACCOUNT BY A PERSON OR PERSONS NOT AUTHORIZED BY BIVSALE IS STRICTLY PROHIBITED. NO MORE THAN ONE LOG-IN SESSION OR ONE AUTHORIZED ACCOUNT USER CAN BE ACTIVE AT A TIME FOR ANY ACCOUNT. EXCEPT AS OTHERWISE PERMITTED BY THE BIDBUDDY SYSTEM, ACCOUNTS WHICH HAVE BEEN TRANSFERRED IN WHOLE, PART, OR PROXY BIDDING TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THESE TERMS, ARE SUBJECT TO IMMEDIATE TERMINATION. BIVSALE RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THESE TERMS.

Bivsale reserves the right to at any time temporarily or permanently disqualify a user for violating these Terms. Users will be disqualified when, in Bivsale’s reasonable opinion, a user has violated any law, regulation or equitable interest in favor of a third party, such as protecting users and the Service from manipulation. Examples of the foregoing include, but are not limited to, (i) honoring bids of users who have not paid for the Bids, (ii) the use of unauthorized bidding software, or (iii) establishing several user accounts for the same person. Moreover, Bivsale reserves the right to cancel unauthorized Bivsale accounts or accounts that have been inactive. Each user agrees not to hold Bivsale responsible for any loss incurred as a result of such action.

  1. Bid Purchasing for Online Bidding / Payment

All prices are quoted and payments processed in United States dollars. The user is responsible for conversion rates and fees which may occur in case of a currency conversion done by their bank or payment processor.

Bivsale Bids must be purchased by users prior to online bidding. Only registered users can submit the online bids, which can be purchased in packages (so-called ‘Bid Packs’) at the currently applicable prices, which can be viewed in ‘My Dashboard’ under ‘Buy bids’. The Bids must be paid for in advance. When the Bids are purchased and deposited into the user’s Bivsale account, a contract for the purchase of the Bids materializes. The associated invoice is due immediately. If a user is suspended for whatever reason, all of their Bids will be forfeited and will not be refunded.

Users who have won an auction and paid for a product are not eligible for a refund on either Bid purchases, account activation fees, or product fees if their product has been shipped by the time of request.

Should a payment not be honored for a user, a returned payment fee will be charged. The user shall be solely responsible for these fees. Bivsale reserves the right to block access to the user account until full payment is received by Bivsale for the outstanding amount, including any fees due to returned payment, etc. Bivsale may withhold any outstanding deliveries until it receives full payment. The user’s bank may or may not charge the user an international payment fee in connection with a credit card payment on the Bivsale site. It is the sole responsibility of the user to be familiar with the policies and practices of his or her bank for such fees. Bivsale holds no responsibility for additional payment fees of any kind issued to the user by the user’s bank.

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