By using the Bivvy Site, Members are agreeing to our Policies, which may be updated from time to time at our sole discretion.
What is Bivvy
Bivvy is an online marketplace used by individuals to create a community of Members (“Community”) who share a common interest.
Bivvy manages the Community to ensure compliance with our Policies. If there any discrepancies between specific rules and or Members, these Policies will govern in all matters. If you are concerned about any specific Terms, you may contact DHC to seek clarifications. Our contact information is at the end of these Terms.
Governing Law and Disputes
If anyone brings a claim against the Service or DHC, related to a Member’s actions, content, Items or information posted on Bivvy, that Member will indemnify and hold us harmless from and against all damages, losses and expenses of any kind – including reasonable legal fees and costs – related to such claim. Although we provide rules for our Members’ conduct, we do not control or direct their actions on the Site and are not responsible for the content or information Members transmit on Bivvy. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encounter on the Site. We are not responsible for the conduct, whether online or offline, of any Member of the Service.
You agree that any cause of action that You may have arising out of or related to this Site or your use of the Service must commence within thirty (30) days of the cause of action accrues, otherwise such cause of action shall be permanently barred.
“Buyer” means any Member who connect with one or more Sellers with the intent of purchasing Items form them.
“Item” means good(s) and/or services posted for sale by a Seller via the Service.
“Member Data” means any data, including a Member’s content or information that Members can retrieve from or provide Bivvy.
“Seller” means any Member that posts or makes Item(s) available for sale or for free on the Site.
CHANGE IN SERVICE
The Service is always evolving and the form and nature may change from time to time without prior notice to you. Bivvy reserves the right to modify or terminate the Bivvy Service for any reason, without notice, at any time.
Modification of Terms
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we may notify you, and you agree to receive legal notices electronically. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bivvy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bivvy’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Rules for Buying and Selling
DHC, and by extension Bivvy, is not involved in the actual transactions between Members – both Buyers and Sellers. Specifically;
All agreements are made for the exchange or purchase of goods or services made directly between Members. The Site is a marketplace in which the communications between Buyers and Sellers may take place.
The Service does not vouch for the authenticity or condition of product or services offered on the Site. We do not vet or review products or services made available via the Site. Buyers should conduct their own due diligence. In other words, Buyer beware.
Buyers and Sellers must be over the age of 18, or have a parental or legal guardian supervise any buying or selling (“Transactions”) that is facilitated via the Site.
Sellers are solely responsible for determining, calculating, remitting and repaying all applicable taxes in respect to good or services they sell via the Site.
Sellers must be legally able to sell the Items they post for sale on the Site. Sellers represent and warrant that they are sole owners of Items they offer for sale on the Site.
Disputes between Buyers and Sellers in regards to a Transaction, must be resolved between themselves. Members may elect to inform us of their dispute. We may, at our own discretion, endeavor to assist where possible in the resolution of Member disputes. Bivvy may be called up via email (firstname.lastname@example.org) to assist. At our own discretion, we may endeavor to help resolve disputes as an informal mediator based on experience gained in running the Service. However, responsibility for resolution of disputes remains solely with the Buyers and Sellers.
The Site does not tolerate breach of its Policies, including but not limited to selling Prohibited Items. We reserve the right to remove the Item or Member, at our own discretion without notice.
We make no representations, warranties or conditions in relation to the merchantability, suitability, quality, safety or legality of any Items advertised for sale on the Service. We do aim to ensure a safe marketplace through these Policies and our Prohibited Items list.
Member Safety and Conduct
Bivvy makes every effort to create a safe and friendly Service for our Members. We expect each Member to adhere to the following guidance as it relates to safety and conduct when using the Site.
No bullying, intimidation, harassment, or abuse (emotional, mental or physical), of any Member
No posting of content that is: hate speech, threatening, sexual or pornographic, incites violence, or contains nudity or graphic or gratuitous violence.
When communicating with other Members, either in-person, via tools made available via the Service, or any other medium inside or outside the Site, no behavior that is any way: threatening, violent, sexual, insulting, abusive or intimidates another Member or any other person; or any other form of behavior that is deemed by us to fall below the expected standard of using this Service, will be tolerated. We reserve the right to block or terminate access to the Site at our sole discretion, without notice.
No use of the Service for anything unlawful, fraudulent, misleading, malicious, or discriminatory.
No posting of unauthorized commercial communication (“Spam”).
No collection of other Member’s content or information for any purpose other than responding to and facilitating a Transaction.
No collection of other Member’s content to offer for sale on competing marketplaces. This includes the use of technology referred to as “Screen Scraping” or other similar methods such as harvesting bots, robots, or spiders.
No unlawful marketing, such as pyramid schemes.
No promoting or linking to other competing services or marketplaces within Bivvy.
No promoting or linking to external services or applications (including mobile apps), that contain content that goes against the letter or spirit of these Policies, such as, but not limited to pornographic, gambling or other properties distributing dangerous, illegal or copyrighted content.
No public posting of personally identifiable information, such as, but not limited to, phone numbers, street addresses or banking details. For your safety, share this information with other Members in private messages.
No uploading of software viruses or other malicious code.
No solicitation of login information or accessing account belonging to other Members.
You acknowledge that by using the Service, you might be exposed to materials or individuals that you consider offensive, indecent or objectionable. Under no circumstances will the Site or DHC be considered liable in any way for such materials or content. Also, by using this Service you acknowledge that any damage, injury or loss of property or life is under no circumstances the Site or DHC to be consider liable. The Member, by using this Site, agrees to waive any rights to pursue DHC for damages.
In order to build a trusted community of Buyers and Sellers, we ask that you provide your real name and address when creating your Bivvy account. You are solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of false, incorrect or incomplete information or your failure to update you information as needed.
The following are the commitments Members agree to abide by when signing up for the Service:
Members will not knowingly provide false information on the Service.
If we suspend, block or terminate a Member’s account, they will not create another one without our permission.
Members under 18 years of age are only permitted to on the Site with a parent or legal guardian’s permission and supervision. Parent or legal guardian will also be agreeing to the Policies on behalf of the underage Member.
Convicted sex offenders are not permitted to register or use the Service.
Member contact information must be kept up-to-date and accurate.
Members will not share passwords, let anyone else access their account, or otherwise do anything else that may jeopardize the security of their account and the Service.
Member Content and Information
Members own the content and information they post on the Site. In addition:
For content that is covered by intellectual property rights, like photos, videos, product information; Members grant the Service a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license right to use, modify, publish, transmit, make available and otherwise exploit content that is posted by Members on the Site and in any other media for administrative, marketing and promotional purposes. By posting content on the Site, Members represent and warrant that they have the necessary rights to grant the license rights granted herein.
Members may delete content and information, however if shared information (be it with other Members or external to the Site), that information and content may remain available to those Members and the persons with whom they have shared that content and information.
By posting content or information on the Site, Members are permitting other Members, to access, share and use that information, external to the Service.
Bivvy has adopted the following general policy (“Copyright Policy”) toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act. Bivvy will respond to notices in the form described below. We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification via the “Flag Item” button on an Item’s page on the Site.
During correspondence on this issue, be it through the Site or in writing, You will need to provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Supplying an Infringement Counter-Notice
If you believe that the material that was removed or to which access was disabled is not infringing upon a copyright or other intellectual property right, you must send a counter-notice to the Designated Agent listed below, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself.
The counter-notice must contain the following information to the Designated Agent listed below:
Your physical or electronic signature (by fax or regular mail or pdf);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Your name, address, telephone number, and, if available, email address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the member's address is located, or if your address is located outside the United States, for any judicial district in which Bivvy is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Bivvy may send a copy of the counter-notice to the original complaining party informing that person that Bivvy may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10-15 business days after review of the counter-notice, at Bivvy's discretion.
Bivvy's Removal of Allegedly Infringing Material
Once a proper bona fide infringement notification is received by the Designated Agent, Bivvy may remove or disable access to the material infringing upon the intellectual property. If Bivvy removes or disables access to content in response to an infringement notice, We will make reasonable attempts to notify the member that Site has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Bivvy will terminate such members' access to the website and all of its services.
Designated Copyright Agent
You acknowledge that your DMCA notice may not be valid if you fail to comply with all of the requirements of this notice.
Fees and Payments
Bivvy is free to use, including creating an account, browsing content and listings, posting Items for sale, and communicating with other Members to facilitate Transactions. Transactions will vary in value and are negotiated directly between Buyers and Sellers. If you are a Seller you are committing to selling the Item at the agreed price with the specific Buyer.
DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THE SITE ARE PROVIDED "AS IS." WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE VARAGESALE PLATFORM OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SELLER.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS SITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. Because we do not control Buyers, Sellers or any Members, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and our designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Service.
Members may terminate their account and/or stop using Bivvy at anytime. The Site reserves the right to, at any time, under any circumstances and without prior notice, immediately ban or terminate or suspend all or a portion of a member's account and/or access to Bivvy. Cause for such termination shall include but is not limited to: Violations of the letter or spirit of these Terms or any other Policies that are referenced herein and/or posted on the Site; A request by a member to cancel or terminate an account they opened; Discontinuance or material modification to the Service or any party thereof; A request and/or order from law enforcement, a judicial body, or other government agency; where provision of the Service, or any component thereof, to a member is or may become unlawful; unexpected technical or security issues or problems; or participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Bivvy in its sole discretion, and the Service will not be responsible to any member or any third party for any damages that may result or arise out of such termination or suspension of an account and/or access to the Site.
Bivvy will deliver all notices to the email address you provided to us in your account settings; or by posting on the Site; or by any other messaging services associated with our Service. Notice shall be deemed given 24 hours after notice is emailed, posted or sent. Any notices given to Bivvy shall be delivered by postal mail to:
Digital Hearts Collective LLC
12431 Landale Street
Studio City, CA 98033
Bivvy is a Venue
Bivvy is a venue which connects people who want to buy, sell, trade or give to their neighbors — locally and in-person. Bivvy is not involved in the transactions between Members and does not monitor private communications between Members. To learn more about Bivvy, see how it works.
Availability of User information
Requesting User Information
Our top concern is the privacy and safety of our Members. Bivvy will not disclose User information unless required to do so by applicable law, subpoena, court order or legal process, or if the disclosure will directly ensure the safety of our Members. Bivvy is located in Los Angeles and will respond in compliance with California and U.S. law to a subpoena, court order, or other valid legal process to disclose information about our Members.
Bivvy accepts legal process from law enforcement agencies delivered by physical mail or personal delivery. Bivvy requests that law enforcement agencies also send a copy of the legal process by email. Acceptance of legal process by these means is for convenience only and does not waive any objections, including lack of jurisdiction or proper service.
Your request should include the URL of the Bivvy Member Profile, post or message in question and details about what specific information is requested. If the URL is no longer available, please provide specific search criteria such as User name, date range, tags, screenshots, etc. Please indicate preferred method of delivery for response: email or physical mail. You can send your request by mail or by personal delivery to DHC at:
Digital Hearts Collective LLC
12431 Landale St
Studio City, CA 98033
Notifying Members of Disclosure
Our general policy is to notify Members of requests for their information prior to disclosure unless we are prohibited from doing so by statute or court order.
Questions or Concerns
If you have any questions or concerns regarding any aspect of our Terms, please send a detailed message to email@example.com and we will make every effort to answer your questions or resolve your concerns.
Collection of Information
Information You Provide Us
We receive and store any information you enter on our Service or provide to us in any other way, including, but not limited to, by visiting our Service or by connecting your account with Facebook, or any other third party service either now or in the future. The types of Personal Information collected may include your name, email address, physical address(es), phone number, birthday, Twitter and/or Facebook usernames, profile pictures, and any other information you may enter into your account settings or provide during your use of the Service.
Information Collected Automatically
When you use the Services, the Site automatically receives and records information on our server logs from your browser or mobile platform, including your IP address, geolocation, referring/destination URLs, Services usage information, cookie information, and the page(s) you requested. You must accept cookies to access the Service. We treat this data as non-Personal Information, except where we are required to do otherwise under applicable law.
Individuals must be at least 18 years of age in order to use our Service. Bivvy is not intended for children under the age of 13, and we do not knowingly collect Personal Information from children in that age group. If you learn that a minor child has provided us with personal information, please contact us at firstname.lastname@example.org.
Use of Information
How We Use Your Information
The Personal Information you provide is used for such purposes as allowing you to use the Service including, but not limited to, setting up your User account and profile that can be used to process transactions and interact with other Members through the Service. We may draw upon Personal Information and non-Personal Information and other server usage information to analyze User behavior in order to improve the Service, customize the advertising and content you see, communicate with you about the Service, troubleshoot technical problems, resolve disputes, address complaints and generate reports of aggregated non-Personal Information and activity that we may share with others.
Public Display of Information
Personal Information about our Members is a central part of our business. One of the primary reasons people use Bivvy is to connect with trusted individuals and businesses. In order to build trust, certain Personal Information is shared publicly. Bivvy may share your Personal Information only as described below.
Profile: Any information you add to your “Profile” and “Equipment Locker” settings will be displayed publicly, including information automatically added from Facebook or another third party service. You can edit or remove any of this information in your Profile settings.
Activity: By default, your activity will display publicly including your posts, generalized locations and items you make available to the Marketplace.
Locations: By default, your exact address is concealed and will never be shared publicly or privately. Instead, the closest town is shown, with any distances approximated. You may choose to display publicly your exact location, which we do not recommend unless you are a business.
Stats and Verifications: In order to help you build trust with other Members, your stats and verifications will be displayed on your posts and Member Profile Page, including city that you entered in your Profile, number of items in your Equipment Locker, number of items made available to the Marketplace. Other stats and verifications may be added at any time. You do not have the ability to hide your stats and verifications.
How Long We Keep Your Information
Following termination or deactivation of your account, or if you remove any data from our Service, we may retain your User Information and/or User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Bivvy and its Members may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other Members have stored or shared through our Service.
Information Changes or Removal
Disclosure of Information
We neither rent nor sell your Personal Information to anyone. Bivvy may share your Personal and non-Personal Information only as described below.
Our Corporate Family: We may share your information with any parent company, subsidiary, joint venture, other entity under a common control with Bivvy or with third party acquirers, including, but not limited to, Digital Hearts Collective Limited Liability Company.
Our Agents:We employ other companies, organizations, people (including outside of your country of residence) to perform tasks (e.g. fraud and spam protection) on our behalf and need to share your information with them to provide our Service to you. Our agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us, and they are required to provide a comparable level of protection for your Personal Information.
Business Transfers:If Bivvy or substantially all of its assets are acquired, or in the unlikely event that Bivvy goes out of business or enters bankruptcy, User information would be one of the assets that is transferred or acquired by a third party.
Our Partners:In addition to the data-sharing described above, we enter into relationships with a variety of companies, organizations and people and work closely with them. We may provide aggregate non-Personal Information and activity to our partners about how our Members, collectively, use our Service. If you register through a Bivvy partner site or joint initiative, we might share your Personal Information and non-Personal Information with that partner, in which case your data is also governed by that entity's privacy policies, in addition to ours.
Marketing:We may use your non-Personal Information to market the service. This includes the re-posting of your Items on other classified services and or social networks.
Email and Notification Preferences
Sending emails to our Members is a central part of our business. One of the primary reasons people use Bivvy is to be notified and receive updates on activity that is relevant to them. Bivvy may send you emails and notifications only as described below.
Success: You will receive a success notification email after you join, create a listing or promote a listing. These emails cannot be turned off.
Inbox Messages:You will receive email notifications when someone contacts you. These emails cannot be turned off.
Bivvy Alerts:We may choose to integrate an Alert system, at which time you may choose to receive email alerts and we may send you a weekly digest email of this activity. You will have the ability to unsubscribe to Bivvy alerts at any time in your account settings.
Outstanding Deals:You will receive email notifications when someone has either agreed to purchase your Item, made an offer for your Item, or as a way of notifying you that either Party has confirmed the exchange of the Item.
Newsletter Emails:You can opt-in to receive our newsletter emails and you can unsubscribe at any time via a link in the emails you receive or in your account settings.
Support:From time to time, we will send you emails to help you with our Service and offer our support. You can unsubscribe to these emails via a link in the emails you receive. If you contact support or we need to contact you directly because of a problem, we will send you emails related to the issue. Once the issue is closed, you will no longer receive emails from us about the issue, unless the matter is reopened or the issue arises again.
Security:You will receive an email if we detect potentially problematic activity in order to protect your privacy or alert you of suspicious activity or changes to your account. These emails cannot be turned off.
Administrative Emails:From time to time, we may send you emails regarding the Service, new features of the Services or other important news. You can unsubscribe to these emails via a link in the emails you receive.
Cookies and Similar Technologies
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our website, Bivvy.co, and other websites we power (the “Site”) are visited and by how many people. Bivvy cookies do not collect Personal Information.
If you are located outside of the United States, please note that our Service is hosted on our computer servers in the United States. Therefore, your information may be processed and stored in the United States. As a result, United States federal and state governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through laws applicable in the United States. Your use of our Service or your submission of any Personal Information to us will constitute your consent to the transfer of your Personal Information outside of your home country, including to the United States, which may provide for different data protection rules than in your country.
Modifications of Policy
Questions or Concerns
If you have any questions or concerns regarding privacy using our Service, please send a detailed message to email@example.com and we will make every effort to answer your questions or resolve your concerns.