Welcome to Biva.com®. Our goal is to provide the best services and products to you. To ensure that we can provide a safe and friendly environment for all of our users, we have established these TERMS OF USE. It spells out just what you can expect from us and what we can expect from you.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER Biva.com®'S WEB SITE. THEY ARE LEGALLY BINDING ON YOU.
By using this Web site, you signify your assent to these Terms of Use and other policies on Biva.com® such as Privacy Policy or Refund Policy (see complete Site Policies list below). We reserve the right, at our discretion, to modify, add, or remove portions of these Terms at any time. Please check these terms periodically for changes. Your continued use of this site now or following the posting of changes to these terms will signify that you accept these Terms and/or changes. Your violation of these Terms, at a minimum, will result in your loss of the right to use our Web site, as we may decide in our absolute discretion.
It is Biva.com®'s policy to respect the privacy of our users. Our Privacy Policy is set forth at the Privacy Policy page of this Site.
All materials on Biva.com®, including but not limited to text, images, designs, audio, graphics, logos, software and the like (collectively called the "Materials"), are owned or licensed by Biva, Inc. or its content suppliers and protected by U.S and International laws.
BIva.com® is a service mark owned by Biva, Inc. (sometimes hereafter the "Company"). All other trademarks not owned by Biva, Inc. that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Biva, Inc.
You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any Materials from Biva.com® without the prior written permission of Biva, Inc. However, you may download or make one copy of the Materials and other downloadable items for personal, non-commercial use only, provided all copyright and other notices on the Materials are left intact. Any modification or use of the Materials for any other purpose is an infringement of Biva, Inc's copyrights and other proprietary rights. Use of any of the Materials on any other Web site and other networked computer environment is prohibited without the prior written permission of Biva, Inc.
User may upload to or distribute on Biva.com® only content that is not subject to any copyright or other proprietary rights protection, or content regarding which the owner thereof has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, date, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal.
By uploading or submitting any materials to us, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable, nonexclusive right and license to use, publish, modify and distribute the content worldwide, including the right to use it in other works in any form, media or technology for the copyright term of this content. Subject to this grant, the content owner retains any and all rights which may exist in that content.
Biva.com® relies upon a network of vendors who supply some of the goods advertised on the Web site. Biva.com® is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by its network of vendors.
In compliance with the Digital Millennium Act, you can report any potential infringements and recommended corrections to us by providing us with the following information:
The above information should be provided to the Company for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
A/ by courier:
Biva, Inc.
Copyright Control
20281 East Country Club Drive
Aventura, FL 33180
B/ by Phone:
1-877-797-BIVA (ext: 706)
C/ by Fax:
1-877-797-BIVA
D/ by Email:
copyrightagent@biva.com
If you use the Site, you are responsible for maintaining the confidentiality of your Biva.com® Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or Password. Biva, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion.
Biva.com® cannot prohibit minors from visiting our Web site. We must rely on the supervision of the responsible parents, guardians, and those responsible for supervising children under 13 to decide which materials are appropriate for children to view and/ or purchase.
We require that all purchases be made either: (i) by individuals 13 years of age or older; or (ii) by minors under 13 whose parents or other guardians will pay for the minor's purchases, give verifiable permission for those purchases, and give verifiable permission to us for the collection of certain information in accordance with our Privacy Policy terms. Every time you purchase a product or service from our web site, you are representing to us that you meet these criteria.
Any communication which you post to our Web site is non-confidential, and posters and users agree to use Biva.com® only for lawful purposes. You shall not post or publish on Biva.com® any content which is defamatory, obscene, threatening, illegal, infringes on copyright or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law.
If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from our Web site. We may disclose any content or electronic communication of any kind (i) to satisfy the law, regulations, or government request; (ii) if such disclosure is necessary or appropriate to operate our Company; and (iii) to protect the rights or property of our Company, its users, or providers.
Biva.com® reserves the right to prohibit conduct, communication, or content we deem in our sole discretion to violate any law or be harmful to the rights of any user, our Company, or any third party. Provided, however, neither we nor our providers can ensure the prompt removal of questionable content after online posting. Accordingly, neither our Company nor any of its officers, employees or representatives assume liability for any action or inaction taken with respect to removing such material from our Web site.
Our Web site shall be used only for personal uses consistent with our Site's operations. You shall not distribute or otherwise publish any commercial material soliciting or promoting any goods or services. You specifically acknowledge that soliciting any users of this Web site to become members of any commercial online service or other organization is expressly prohibited.
Any advice, services, or offers that are expressed by you, or made available by third parties, are those of the respective authors - and not of Biva.com®, the Company, or any of its officers, employees, or representatives. Neither the Company nor any of its representatives guarantee the accuracy, completeness, or appropriateness of any content, opinion or advice, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for any loss, damage, or harm caused by a user's reliance on any information obtained through this Web site. It is the responsibility of each user to independently evaluate the information, advice, or other content found at this Web site.
THIS SITE IS PROVIDED BY BIva.com® ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVERS ARE FREE OF VIRUSES.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEB SITE AS TO THEIR ACCURACY OR RELIABILITY. YOU (AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR.
THE ABOVE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL BIva.com® OR THE COMPANY BE LIABLE FOR ANY CLAIMS OF NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT OR ANY TYPE OF WARRANTY, INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY TO USE THE MATERIALS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THESE POSSIBILITIES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
To the extent that this web site has links from and to other Web sites, we cannot endorse nor control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular Web site.
Any link to our Web site is subject to our approval, conditions and agreement, as we may decide in our sole discretion. Additionally, any linking, whether it is hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature, is strictly prohibited.
Biva.com® reserves the right to refuse service, terminate accounts, suspend activity, and/or cancel orders in its sole discretion, including, without limitation, if we believe that any customer's conduct violates applicable law, is harmful to another user's interest, or is harmful to Biva.com®'s, a third party's, or a service provider's interests.
All items purchased from Biva.com® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
This Site is created and controlled by Biva, Inc., in the State of Florida, the substantive laws (excluding its conflict of laws provisions) will govern these Terms of Use, all of our Site Policies and any and all aspects and content of this Site, the use and operation thereof, and contracts and transactions made via this Site (hereafter, the "Subject Matter").
Any dispute or controversy arising directly or indirectly in connection with the Subject Matter, whether sounding in contract, tort or any other legal theory, shall be settled by arbitration to be held in Florida in accordance with the rules of the American Arbitration Association and decided by one (1) arbitrator, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgment may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the court.
Instead of arbitration as above, the Company shall have the right to elect, at its sole option, to have any dispute or controversy directly or indirectly involving the Subject Matter resolved in a state or federal court located either in the State of Florida or in such other place in which you are subject to personal jurisdiction. You hereby consent to submit to the jurisdiction of state and federal courts of the State of Florida for any such litigation, and waive any objection to said courts based on improper jurisdiction and/or venue or inconvenient forum grounds.
Please review our other policies, such as our Privacy Policy and Standard Return Policy, posted on the Site. These policies also govern your visit to Biva.com®. We reserve the right to make changes to the Site, policies, and these Terms of Use at any time. If any of these provisions of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Biva, Inc
P.O. Box 81226
Aventura, FL 98108-1226
http://www.biva.com
Office Headquarter: 1-877-797-BIVA (2482)
Contact us by mail using this form or directly at contact@biva.com
YOU AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing, and/or using our Web Site.
We value your privacy. Biva.com will not
sell or rent your email address to third parties.