Thrifts Terms & Conditions

Welcome to Bovary Thrifts! We are so grateful you have joined our community. For everyone to enjoy the community, we require all of our users to comply with our terms and conditions.

These Terms of Service (the “Terms”) apply to your access to and use of Bovary’s Service (as defined below). Please read them carefully. We have included annotations in italics for each section to help guide you as you read the Terms. These annotations are not complete summaries, so please read everything.

1. Your Acceptance of These Terms

This section describes how these Terms form a binding contract between you and us. If you use the service on behalf of a legal entity, the legal entity also agrees to these Terms.

These Terms are a legally binding contract (“Agreement”) between you and Bovary. When we say “you” or “your,” we mean you individually and any legal entity exercising rights under this Agreement through you. When we say “Bovary,” “we,” “our,” or “us,” we mean Bovary Pvt Ltd.

By accessing and/or using the Service, you agree to be bound by this Agreement and any policies or guidelines incorporated by reference into this Agreement (which will become part of the Agreement). If you do not agree to abide by all of the terms and conditions in this Agreement, you must not access and/or use the Service. You represent that you have the authority to bind yourself to this Agreement. If you access and/or use the Service on behalf of a legal entity, then you represent that you have authority to bind that legal entity to this Agreement and that the legal entity accepts this Agreement.

This Agreement applies to the Bovary platform and all related content, tools, features, and services, including the Bovary mobile app (on any and all formats or devices), and the website  (collectively, the “Service”). The Service provides an online social marketplace where users of the Service (“Users”) can list and sell items (“Items”). When Users purchase Items, they are “Buyers,” and when Users sell Items, they are “Sellers.” Users may, at different times, be both Buyers and Sellers on the Service. By using the Service, Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Bovary is not a party to such sale or purchase.

Please read this Agreement carefully as it, to the extent legally allowable in your jurisdiction, requires you and Bovary to resolve most disputes solely through arbitration on an individual basis and not as a class arbitration, class action, any other kind of representative proceeding, or by jury trial. Bovary will not be liable for any loss or damage arising from your failure to comply with the Agreement.

2. Eligibility and Your Bovary Account

This section describes who is eligible to use the Service and your responsibilities to protect your Account password and provide us with accurate information.

a. Minors Must Have Permission to Use the Service

You may not use the Service if you are under the age of 13. If you are at least 13 but under the age of 18, you may only use the Service with permission of your parent or guardian.

b. Provide Accurate Information

You need to create an account with Bovary to access and/or use certain features of the Service (“Account”). If you are creating an Account for a legal entity, then you represent and warrant that you have the authority to create such Account on behalf of the business entity. You must provide accurate information about your identity and must not provide any false information or impersonate another person or company through your Account. Bovary reserves the right to verify the account information you provide (“Account Information”). Upon Bovary’s request, you will promptly provide requested verification documentation, including identification documents, proof of address, or business information. The name on your Account will be considered the Account owner. If you do not provide the information requested or if you provide inaccurate information, Bovary may, in its sole discretion, terminate your Account.

c. Protect Your Password

You are responsible for maintaining the confidentiality of your password and Account. You will immediately notify us of any suspected unauthorized use of your Account or any other suspected breach of Account security.

d. Your Responsibility for Your Account

You are solely responsible for any activity on your Account. If you are a Minor and sharing the Account with a parent or guardian, then both you and the parent or guardian granting permission on the Account will be responsible for any activity on the Account.

e. Account Transfers

You cannot transfer or assign your Account to a third party without prior written consent from Bovary. Bovary may require additional information from you regarding the requested transfer or assignment. You cannot otherwise transfer, sell, or dispose of your Account under any circumstances.

3. Your Privacy

For information about how we collect, use, share, and otherwise process information about you, see our Privacy Policy.

4. Your Use of the Service

You may only use the Service if you comply with the law and this Agreement. If you do not comply, then we can take certain actions, including termination of your Account or other legal or investigatory action.

a. Your Use of the Service and Interactions with Other Users

By using the Service, you may interact with other Users. You release us from all liability relating to your interactions with other Users. When interacting with other Users, you assume all the risks of your interactions. You will be solely responsible and liable for your use of the Service, including buying, selling, transacting, and communicating on the Service. All forms of interaction must follow our Community Guidelines (which are incorporated by reference into this Agreement).

b. Follow the Agreement and the Law

In connection with using and/or accessing the Service, you will comply with this Agreement and all applicable laws, rules, and regulations. Without limiting the forgoing, you will not do any of the following in connection with your use of the Service:

• Post any User Content (each as defined below in Section 6) that is unlawful, harmful, violent, illegal, infringing on third party rights, false, misleading, fraudulent, pornographic, libelous, invasive, encouraging of money laundering, gambling, or any other unlawful or unwarranted behavior, or otherwise fail to comply with our Community Guidelines.

• violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction, as determined by Bovary in its sole discretion, that may be applicable to your use of the Service;

• create any derivative works of, modify, or reverse engineer any part of the Service;

• interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying our Service or damage, disable, overburden, put unreasonable load on, or otherwise impair the functioning of the Service infrastructure or the networks connected to the Service;

• promote any illegal activity or enterprise;

• stalk, harass, bully, impersonate or solicit information unrelated to a listed Item from anyone;

• copy, scrape, harvest, crawl or use any technology, software or automated systems to collect any information or data for the Service;

• sell or transmit anything you do not have a right to sell or transmit under law or existing relationship;

• pose a privacy or security risk to the Service or any User;

• infringe anyone’s intellectual property, such as by posting counterfeit products for sale through the Service;

• spam any Users with email, junk mail, fraud, schemes, or the like;

• collect or harvest any information or data from Bovary’s systems or attempt to decipher any transmission to or from the servers running the Service;

• use the contact information of any User of the Service (including Buyers) for any purposes other than in relation to: (a) receiving the Service and (b) any transactions between Users;

• use the Service in any way that is contrary to Bovary’s  public image, goodwill, or reputation;

• express or imply that any of your statements, activities, or causes are endorsed by Bovary, without Bovary’s prior written consent in each instance. Notwithstanding the foregoing, a Seller will be entitled to make a factual reference which states that the Seller sells its Items on the Service. All other references (including any commentary on the factual reference mentioned above) will be subject to Bovary’s prior written consent in each instance;

• create multiple account to evade punishment or avoid restrictions;

• transmit or upload viruses, worms, or otherwise interfere with the Service; and/or

• take any action or inaction which Bovary, in its sole judgment, believes is questionable or could cause harm or liability.

Bovary may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, Content, or Users, including termination of your Account and/or preservation of such information for investigative purposes. Enforcement of this is solely at Bovary’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

c. Share Your Thoughts and Ideas

We appreciate your thoughts and ideas. You acknowledge and agree that any comments, suggestions, ideas, feedback, or other information about the Service (“Feedback”), provided by you to Bovary will not be confidential or proprietary, and Bovary shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

5. Your Use of Mobile Devices and Other Third-Party Software

You can access the Service through a mobile device, but you will be responsible for any associated fees from your wireless provider. If you use any third-party software, including Apple software, in connection with the Service, then you must comply with such third party’s terms and conditions.

a. Your Responsibility for Mobile Fees and Costs

When you access the Service through a mobile device, you may incur a fee for data usage or other associated costs from your wireless provider. You are solely responsible for such fees and will be solely responsible for your use of the Service on your mobile device and your adherence to your wireless provider’s terms and conditions.

b. Your Use of App Store Software Applications

To the extent you access the Service in connection with the Apple App Store, Google Play, or any other similar third party application marketplace, you acknowledge and agree that these Terms are solely between you and Bovary and that between the marketplace provider and Bovary, Bovary is solely responsible for the Service, content, maintenance, support, and addressing any claims relating thereto, including product liability, legal compliance, and intellectual property infringement. In addition, if you access the Service through our iOS application, please review the Apple End User License Agreement.

6. Your Content

You are responsible for the Content (as defined below) you post through the Service and represent that you own the Content or have the right to use the Content. While you continue to own all your Content, you license the Content to us for our use, including to operate the Service and for our marketing purposes.

a. Your Content is Your Responsibility

You are solely responsible for all information, descriptions, pictures, listings, text, music, videos, streaming video, media, comments, messages, sales, purchases, and any other materials (“Content”) that you upload, post, publish, transmit, display, and/or submit (“Post”) to or through the Service (such Content Posted by Users, excluding Account Information, is referred to as “User Content”). You are solely responsible for all of your User Content, and you understand and agree that all User Content can be shared with other Users and third parties in Bovary’s sole discretion. Bovary has no control over or liability for how other Users may use your User Content.

b. You License Your Content to Us

By Posting any User Content, you hereby represent and warrant that you have sufficient rights in the User Content to grant us the below license. By Posting any User Content, you hereby grant to Bovary and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of, and otherwise use in any manner, as determined by Bovary, your User Content in connection with (i) the operation of the Service or any other products or services of Bovary or (ii) the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publishing your User Content on the internet or Third Party Services (e.g. Facebook, Twitter, Instagram, blogs, etc.) and allowing other Users to share listings that include your User Content.

c. Your Content Must Not Infringe Intellectual Property Rights

You further represent and warrant that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. While we are not obligated to review any User Content posted by our Users on our Service, we reserve the right to review any User Content, with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We may refuse to accept or display the User Content, and we may remove or delete all or any portion of the User Content at any time in our sole discretion, with or without cause. Bovary will not be responsible for any User Content, including the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content.

You may be exposed to User Content that you find inaccurate, offensive, indecent, or otherwise objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Bovary Parties with respect to such User Content.

d. Your Content Is Public

You understand and agree that (i) the User Content you Post is not confidential and will be treated as non-confidential; (ii) your User Content may be publicly viewable and will be accessible and viewed by third parties; and (iii) Bovary will not be liable for any treatment of your User Content as public and non-confidential or for the use of your User Content by third parties. You waive all claims with respect to confidentiality of any User Content. If you do not want your User Content to become public and nonconfidential, you must not use the Service.

7. Our Intellectual Property Rights

We own our intellectual property. You may only use the Service as authorized in this Agreement and you may not copy, modify, or otherwise use our name and logo.

Bovary retains all rights to our intellectual property. This includes the Service Content (as defined below) as well as the Bovary name, logos, product or service names, slogans, trade dress, and any other Bovary trademarks or service marks (“Bovary Trademarks”). Other than Third Party Content (as defined below), all Content on the Service including its look and feel (“Service Content”) is owned by Bovary or its licensors and is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Bovary retains all rights to our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like, or do or perform any other action with the Service Content unless explicitly authorized by this Agreement. Any use of the Service, including the Service Content, other than as specifically authorized herein is strictly prohibited. All goodwill generated from the use of Bovary Trademarks will inure to our exclusive benefit. Any rights not expressly granted herein are reserved by Bovary. Other company, product, and service names and logos used and displayed via the Service are the property of their respective owners. Reference to any products, services, processes, or other information by company, product, or service names and logos does not constitute or imply endorsement, sponsorship, or recommendation by us.

8. Third-Party Services and Content

You may access or use services or content provided by third parties when using our Service. Bovary is not responsible for such third party services or content, and third-party services will be governed by such third parties’ terms and conditions and policies.

a. Your Access to Services of Third Parties

The Service may enable you to access certain services that are offered by third-party service providers, including through links to third-party sites, video, email, telephone communication, and/or other offers outside of the Bovary platform (“Third Party Services”). For example, social networks you connect your Account to under the Sharing Settings page are Third Party Services. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Services are solely between you and the third party. Bovary does not control or endorse, and makes no representations or warranties regarding, any Third Party Services, and your access to and use of such Third Party Services is at your own risk. The terms of this Agreement and the Bovary’s Privacy Policy do not apply to your use of any such Third Party Services. You are solely responsible for your access or use of such Third Party Services. You should review any applicable terms and/or privacy policies of any Third Party Services before using or sharing information with any Third Party Services. Bovary may suspend or terminate your ability to access Third Party Services through the Services at any time with or without notice.

The Service may provide you with access to YouTube through an application programming interface or API. YouTube is a Third-Party Service, and if you access or use YouTube's services through the API you agree to abide by, the YouTube Terms of Service.

b. Third Party and User Content

The Service contains images, descriptions and other Content posted by third parties including Users (“Third Party Content”). Content you access through Third Party Services is also Third Party Content. You acknowledge that Third Party Content may be protected by copyright, patent, trademark, trade secret, and/or other proprietary rights and laws. You agree not to copy, modify, scrape, distribute, create derivative works, or otherwise use the Third Party Content for any purpose other than as explicitly authorized in this Agreement.

Bovary will not be liable for the Third Party Content or any errors, omissions, inaccuracies, infringement, loss, or damage of any kind related to the Third Party Content. You acknowledge that Bovary has no obligation to review, screen, or inspect any Third Party Content on the Service. However, Bovary reserves the right to review, screen, inspect, and/or remove any Third Party Content at our sole discretion. You agree that you assume all the risk associated with the use of or reliance upon Third Party Content, including risks related to accuracy, completeness, or usefulness.

10. Your Purchases and Sales

Buying and selling Items through the Service include risk, fees, and taxes. Bovary  prohibits certain items from being sold and only allows returns in limited circumstances.

a. Your Risk

You assume certain risks in using a marketplace service such as Bovary. Bovary doesn’t stock or own the items (thrift clothes) listed in Bovary app and is provides no warranty for any items listed by the Seller, and Bovary does not take title of any Items. You acknowledge and agree that Bovary will not be considered a buyer or seller in any transaction conducted through the Service and that Bovary is not an auctioneer or consignee. When acting as a Buyer or Seller, you assume all of the risks of selling or purchasing Items through the Service. Bovary’s role in the transaction is limited to approval of the items listed by the seller and providing Bovary’s payment gateway service to the buyer and seller. Bovary will hold the payment until the buyer receives the items and is satisfied with it. 

b. Sellers

As a Seller, you agree to only Post Items that you have all rights necessary to sell and to describe such Items truthfully, accurately, and completely. Our Seller Policy further describes a Seller’s rights, responsibilities, and fees.

c. Buyers

As a Buyer, you are solely responsible for reading and reviewing an Item’s listing before making an offer for an Item or purchasing an Item. Our Buyer Policy further describes a Buyer’s rights and responsibilities. Buyers are responsible for all fees as described in the Buyers Policy.

d. Fees

You can register for the Service for free, but Bovary  will charge certain fees for various transactions you may complete through the Service and for certain other services Bovary may provide as set forth in our Fee Policy. All amounts are quoted in US dollars unless otherwise stated.

e. Fee Modifications

We may change or discontinue, temporarily or permanently, some or all fees for the Service, without notice and at our sole discretion, and such changes will be effective upon our revision of the Fee Policy.

f. Prohibited Items

Bovary prohibits the listing or sale of any item that is described in our Prohibited Items Policy, including items that are illegal to sell or violate the rights of third parties such as counterfeit items.

If after reviewing an Item, we have concerns about its authenticity or that it otherwise constitutes a prohibited Item, we may, in our sole discretion, cancel the order. In such cases, we will provide a refund for the full cost of the item and any accompanying shipping costs to the Buyer. Such refund will be the Buyer’s sole remedy for the canceled order. Sellers will not receive earnings from orders canceled in accordance with this paragraph. Sellers acknowledge and agree that if such items are in the possession of Bovary, Bovary may determine, in its sole discretion, whether to return, retain, destroy, or otherwise dispose of such canceled item. If such Items are returned to Seller, Seller agrees not to attempt to relist or resell the item through the Service.

g. Purchases

Buyers must pay the price listed by a Seller and purchase the Item. Upon placing an order, a Buyer must select payment method in checkout process; the payment will be credited to Bovary account for the Item, including any listed shipping or additional fees. The payment will also reflect in the Seller’s dashboard provided by Bovary, however the seller can only request withdrawal of the funds once the buyer has received the order. 

Bovary may delay or cancel any purchase for purposes of fraud detection or to protect Users from other illegal or wrongful activities. All purchases are final with no returns, refunds, cancellations, or retractions allowed..

h. Payments

Buyers must pay for Items only by using payment methods approved by Bovary, and Bovary will receive such payment from the Buyer on behalf of the Seller. By submitting payment information through Bovary, you authorize Bovary to securely store that information and charge you for any Items purchased along with all associated taxes, shipping, and other fees. Bovary reserves the right to request additional information from Users for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes. Funds received by Bovary from a transaction may, subject to the Fee Policy (a), be redeemed by Seller through Bovary permitted third-party payment provider(s) or used by the Seller to purchase items listed by other Sellers through the Service.

i. Taxes

Transactions conducted through the Service may be subject to taxes in your jurisdiction, which Bovary will collect from Buyers on behalf of Sellers where legally obligated to do so. In the event Bovary collects taxes as legally obligated, Bovary will remit such taxes to applicable taxing authorities on behalf of Sellers. The listed prices for Items do not include taxes, but the taxes will be displayed before a Buyer confirms the purchase. Taxes may be estimated based on offers made on Items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Bovary does not collect taxes on your behalf.

j. Shipping

Buyer is responsible for paying for shipping fees as described in our Shipping Policy.

Bovary will provide Seller with a prepaid shipping label (“Label”) as detailed in our Shipping Policy. Our Shipping Policy further describes Sellers’ shipping responsibilities. Bovary reserves the right to discontinue providing Labels to any or all Users at any time and for any reason.

k. Returns

Bovary may allow you to return an Item in limited circumstances. On instances where the Seller ships you a different item than what you ordered, returns will be allowed; the Seller will incur the additional cost i.e delivery fees.

11. Limitation of Liability and Warranties

We provide the Service on an “as-is” basis and make no other warranties or representations with respect to the Service or your use of the Service. We have no liability for certain types of damages and limit our liability for other types of damages.

a. Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, WILL BE AT YOUR SOLE RISK AND THAT POSHMARK PROVIDES THE SERVICE, INCLUDING ANY CONTENT CONTAINED THEREIN, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, BOVARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT REGARDING THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR ANY THIRD-PARTY SERVICES, MATERIALS, OR ITEMS THAT MAY BE ACCESSED OR PURCHASED THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOVARY MAKES NO WARRANTY THAT (1) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE; OR (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

BOVARY MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE ITEMS OFFERED OR SOLD THROUGH THE SERVICE, INCLUDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF SUCH ITEMS, THE TRUTH OR ACCURACY OF ANY LISTINGS, OR THE ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT THE BOVARY CANNOT PROVIDE AN ABSOLUTE GUARANTEE OF THE AUTHENTICITY OF AN ITEM, EXCEPT FOR BOVARY IN-HOUSE BRAND (MISS BOVARY ITEMS) BUT RATHER, IT IS A PROMISE THAT THE ITEM HAS PASSED THE REQUIREMENTS OF BOVARY QUALITY ASSURANCE PROCESS. 

b. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL BOVARY, OUR SUBSIDIARIES AND AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES OF EACH (THE “BOVARY PARTIES”) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE— FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, OR ANY ITEMS YOU PURCHASE OR SELL THROUGH THE SERVICE, WHETHER OR NOT A BOVARY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT; TORT INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE BOVARY PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO BOVARY AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM OR (2) Nrs1000.

THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE BOVARY PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no liability of any kind under this Agreement. Unless such restriction is prohibited by applicable law, you may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.

12. Indemnification

If we get sued because of something you did, then you agree to defend and indemnify us.

You agree to release, indemnify, and hold harmless and, upon Bovary’s request, defend the Bovary Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else’s privacy or intellectual property rights); or (v) your violation of applicable laws

13. Disputes with Other Users

You will be responsible for your interactions with other Users, and you release Bovary from any liability or responsibility arising out of disputes with other Users.

We encourage Users to resolve disputes with one another amicably. You are solely responsible for your interactions with other Users, including any purchase or sale transactions. Bovary has no obligation to resolve disputes between Users, but Bovary reserves the right to attempt to help Users resolve disputes. You release Bovary from any claims, demands, and damages arising out of any disputes with other Users.

16. Suspending, Terminating, or Modifying your Access

You may terminate your Account at any time. We may suspend or terminate your access to the Service or your Account at our discretion, including if we suspect you are engaging in fraud, abuse, or illegal activity.

a. Termination of your Account by You

You may terminate your Account at any time.

b. Suspension or Termination of your Account by Us

We may suspend or terminate your Account at our discretion without explanation, notice, and liability to Bovary, including removing and discarding any Items or Content within the Service, for any reason and at any time. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

c. Suspension, Termination, or Modification of the Service

Bovary may suspend, terminate, or modify the Service with or without notice and for any reason, including (i) to hold funds, pending any investigations or other activity necessary to deter fraud, (ii) to address potential illegal activity, or (iii) to otherwise comply with applicable laws and regulations.

d. Effect of Suspension or Termination

The Service will not be accessible or available to Users whose Accounts have been temporarily or permanently suspended or terminated. Any attempts to circumvent any suspensions, terminations, or other enforcement actions by Bovary are strictly prohibited and may result in additional actions against you and any other users facilitating such circumvention. This includes, but is not limited to, creating new or duplicative accounts or continuing to access the Service from another User’s account.

Bovary will have no liability to you or any third party for any suspension or termination of your Account or for any suspension, termination, or modification of the Service.

17. Changes to This Agreement

We may update this Agreement at any time by posting updated Terms. You will be responsible for reviewing any updated Terms. If you do not agree to the updated Terms, then you may not continue to use the Service.

We may update this Agreement, and all related Policies, from time to time by posting updated Terms on the Service. When we make changes to the Terms, we will update the above “Last Updated” date. We may provide you additional notice of the changes through the Service or through email. Changes will be effective upon posting unless otherwise stated. You are responsible for reviewing the changes, and your continued use of the Service constitutes your acceptance of the updated Terms and the amendment of the Agreement. If you do not agree to abide by these or any updated Terms, you must not use or access the Service.

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