TERMS OF USE

These Terms of Use are effective from July 7, 20201 

1661, Inc. d/b/a MVPBYTZAR (“mvpbytzar”, “we”, “us”, or “our”) provides a marketplace for buying and selling new and used items through our website (“Site”), our mobile applications (“Apps”), and any other properties that link to these Terms of Use (collectively, the “Service”). Through the Service, users can list items for sale by taking and uploading photos and entering a sale price, as well as the size and condition of the item (“Sellers”). Users can also browse listings by Sellers and can choose to purchase the items listed for sale by Sellers (“Buyers”).

Please carefully read these Terms of Use (these “Terms”), including the binding arbitration provision contained below under “Dispute Resolution”, which will require you to submit claims you have against us to binding and final arbitration, unless you opt out of the binding arbitration provision by following the opt-out procedures described below under “Dispute Resolution” or unless a limited exception described in these Terms applies. If you do not opt out of the binding arbitration provision, you will only be permitted to pursue claims against us on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. These Terms govern your access to and use of the Service and, except as otherwise provided in these Terms, all Collective Content (as defined below). These Terms constitute a legally binding agreement between you and MVPBYTZAR.

In addition, when using certain parts of the Service, you will be subject to additional terms, policies or guidelines applicable to such parts of the Service that may be posted on the Site or Apps from time to time, including our SHIPPING, FULFILLMENT and Returns Policy, which may be found at www.mvpbytzar.com .Please read all such terms, policies and guidelines carefully.

KEY TERMS RELATED TO CONTENT

“Collective Content” means Registered User Content and MVPBYTZAR Content.

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“MVPBYTZAR Content” means all Content that MVPBYTZAR makes available through the Service, including any Content licensed from a third party, but excluding Registered User Content.

“Registered User” means a person who completes MVPBYTZAR's account registration process, as described under “Account Registration” below.

“Registered User Content” means all Content that a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Service.

Certain areas of the Site and Apps, and your access to or use of parts of the Service or Collective Content, may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Apps, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Apps, Service or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY POSTING ANY CONTENT ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR COLLECTIVE CONTENT.

MODIFICATION

We reserve the right, in our sole discretion, to modify, discontinue or terminate the Service and to modify these Terms at any time. If we modify these Terms, we will update the Terms on the Site and will provide notice of the modification either by email or through a general notice on the Site. We will also update the “Last Updated Date” at the top of these Terms. Please review this page and these Terms from time to time so you are aware of any changes. By continuing to access or use the Service after we have modified the Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.

ELIGIBILITY

Users of the Service must be at least 18 years old or have the permission and acceptance (to these Terms) of a parent or guardian. Access of the Service by anyone under the age of 13 is prohibited even with parental or guardian consent.

ACCOUNT REGISTRATION AND SECURITY

In order to access certain features of the Service and to post any Registered User Content on or through the Service, you must register to create an account (“Account”) and become a “Registered User”. You will be required to provide certain information during the registration process, and you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account for any reason at our discretion, including if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account by contacting us.

INTELLECTUAL PROPERTY

You acknowledge and agree that the Service and Collective Content may contain images and descriptions of fashion items and other content that are protected by copyright, trademark, or other laws of the United States and foreign countries. Except as expressly provided in these Terms, MVPBYTZAR  and its licensors exclusively own all right, title and interest in and to the Service and Collective Content, including all associated intellectual property rights. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, remove, obscure, or create derivative works based on any copyright, trademark, service mark, or other proprietary right contained on, incorporated in, or accompanying the Service or Collective Content.

All trademarks, service marks, logos, trade names, and other proprietary designations of MVPBYTZAR  (the “MVPBYTZAR  Trademarks”) displayed on the Service or Collective Content are trademarks or registered trademarks of MVPBYTZAR . Any other trademarks, service marks, logos, trade names, and other proprietary designations displayed on the Service or Collective Content may be the trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the MVPBYTZAR  Trademarks, without our prior written permission in each instance. All goodwill generated from the use of MVPBYTZAR Trademarks will inure to MVPBYTZAR ’s exclusive benefit.

Subject to your compliance with these Terms,MVPBYTZAR  grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, and print any Collective Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Service or Collective Content, except as expressly permitted by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MVPBYTZAR  or its licensors, except for the licenses and rights expressly granted in these Terms. Any violation of the foregoing will constitute a breach of these Terms and may result in immediate termination of your right to use the Service.

REGISTERED USER CONTENT

Registered Users may post, upload, publish, submit, and transmit Registered User Content. By making any Registered User Content available through the Service, you hereby grant to MVPBYTZAR  and its users a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such Registered User Content MVPBYTZAR does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content. You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all Registered User Content that you make available through the Service or you have all rights, licenses, consents, and releases that are necessary to grant the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content, or MVPBYTZAR ’s or its users’ use of the Registered User Content (or any portion thereof), will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by contacting us. You acknowledge and agree that all Feedback will be the sole and exclusive property of MVPBYTZAR and you hereby irrevocably assign to MVPBYTZAR , and agree to irrevocably assign to MVPBYTZAR , all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain MVPBYTZAR s intellectual property rights and other legal protections for the Feedback.

GENERAL PROHIBITIONS

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

  • Use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), MVPBYTZAR ’s name, any MVPBYTZAR  Trademark, or any other proprietary information of MVPBYTZAR , without our express written consent;

  • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

  • Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Collective Content;

  • Attempt to access or search the Service or Collective Content, or download Collective Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;

  • Use the Service to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a MVPBYTZAR  Trademark, MVPBYTZAR  logo URL or MVPBYTZAR  product name without our express written consent;

  • Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms;

  • Use Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;

  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

  • Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Service;

  • Collect or store any personally identifiable information from the Service about other users of the Service without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation;

  • Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or

  • Encourage or enable any individual to do any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Registered User Content, but that we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content, including any Registered User Content, that we, in our sole discretion, consider to be objectionable, in violation of these Terms, or otherwise harmful to the Service.

LINKS

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the text, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the text, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

BUYERS

When buying an item through the Service, you agree to our rules and policies for Buyers described in our FAQ, which can be found at www.mvpbytzar.com/faq,.

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, we will have the right to suspend or disable your Account or terminate these Terms as they apply to you, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of the Service and Collective Content at any time, with or without cause. When you register to join the Service and create an Account, you are free to choose any name to identify yourself to other Registered Users. However, any complaints to us by Registered Users arising out of or in connection with your use of a false name may result, in our sole discretion and without prior notice to you, in the suspension or disabling of your Account or the termination of these Terms. In the event we terminate these Terms for your breach, revoke your access to and use of the Service, or terminate or discontinue the Service and consequently these Terms, you will remain liable for all amounts due under these Terms. You may cancel your Account at any time by contacting us.

SURVIVAL

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, ANY PROVISION OF THESE TERMS THAT IMPOSES OR CONTEMPLATES CONTINUING OBLIGATIONS ON YOU OR GOAT WILL SURVIVE THE TERMINATION OF THESE TERMS.

DISCLAIMERS

THE SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GOAT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GOAT MAKES NO WARRANTY THAT THE SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. GOAT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, COLLECTIVE CONTENT, OR ANYTHING ELSE PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE.

GOAT PERIODICALLY AMENDS, CHANGES, UPDATES, AND ALTERS THE SERVICE WITHOUT NOTICE. GOAT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICE. GOAT SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT OF, OR ANY OTHER INFORMATION ON, THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOAT OR THROUGH THE SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER GOAT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR COLLECTIVE CONTENT; (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICE OR COLLECTIVE CONTENT OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE OR COLLECTIVE CONTENT; (IV) YOUR VISIT TO A VENUE RESULTING FROM YOUR USE OF THE SERVICE OR COLLECTIVE CONTENT; (V) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY GOAT; (VI) DELAYS OR DISRUPTIONS IN THE SERVICE; (VII) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICE OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO THE SERVICE; (VIII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICE; (IX) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SERVICE; (X) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED USING THE SERVICE OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS; (XI) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (XII) THE DURATION OR MANNER IN WHICH ITEMS YOU LIST APPEAR ON THE SERVICE; OR (XIII) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OR OUR POLICIES, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOAT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT GOAT SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING THE SERVICE OR IN CONNECTION WITH THE SERVICE. GOAT SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICE OR ANY LINKED SITES OR FOR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF GOAT SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WILL GOAT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO GOAT FOR USE OF THE SERVICE OR COLLECTIVE CONTENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GOAT.

QUESTIONS

If you have any questions about these Terms or the Service, please contact us.