Updated July 22th, 2016
Bella Media Management (the “Distributor”) is a marketplace where you, the book cover designer (the “Seller”), can sell your premade book covers directly to buyers around the world. Bella Media Management wants to ensure you and your buyers have a positive experience. By using the bellamediamanagement.com web site (the “Website”) or registering and setting up a profile with Bella Media Management and using the Bella Media Management service (the “Service”), you agree to the following terms and conditions (the “Bella Media Management User Agreement”) and appoint Bella Media Management as the distributor and grant Bella Media Management the rights to display the Seller’s products to promote and to advertise said products as they see fit.
Bella Media Management’s services are not available to persons under the age of 18. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of a parents or guardian. If you do not qualify, please do not use the Website. Further, you also agree not to transfer or sell your account or User ID.
While Bella Media Management discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
The following activities are is prohibited when communicating with customers/contacts:
- Sending unsolicited advertising or promotions, requests for donations, or spam;
- Harassing or abusing another member;
- Contacting someone after they have explicitly asked you not to; or
- Interfering with a transaction or the business of another seller.
The Seller may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. Their information may only be used for Bella Media Management-related communications or transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, the Seller may not add any Bella Media Management customer to their email or physical mailing list or store or misuse any payment information.
Creating and Uploading Content
As a Seller, you agree that you will not upload content that is:
- Abusive, threatening, racist, defamatory, or harassing;
- In violation of someone else’s privacy or intellectual property rights;
- Misleading, false or deceptive; or
- Obscene or vulgar; many authors do not want to find their book hidden in the adult only audience at various distribution sites.
- You must provide Bella Media Management with accurate and complete contact, payment and tax identification information when you register.
- You must immediately notify Bella Media Management if any of your contact information changes. If you do not provide Bella Media Management with complete, accurate, and updated contact, payment and tax identification information, you may not be eligible to sell Products.
- You will use all reasonable endeavours to meet orders for Products forwarded to you by the Distributor for sale on the Website.
- You, upon submission of Product, will submit the price of the Product.
- Account security: You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third parties. You must notify Bella Media Management immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Bella Media Management immediately if you become aware of any other breach or attempted breach of the security of your Account or the Online Services.
- Furthermore, you may not list any Product on the Website that could cause the Distributor to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.
At Bella Media Management, we ask that you accurately and honestly represent yourself, your designs, and your business.
You agree that you will:
- Provide honest, accurate information in your Shop Page if you have completed it.
- Honor all policies you publish.
- Respect the intellectual property of others.
- Not create duplicate stores.
- You agree not to use Bella Media Management for any illegal or unauthorized purpose.
- You agree to comply with all local laws regarding online conduct and acceptable content.
- Respect the buyer by not spamming them.
- Create a high level of customer service.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
- You agree not to modify, adapt or hack bellamediamanagement.com or modify another website so as to falsely imply that it is associated with Bella Media Management.
- You agree not to transmit any worms or viruses or any code of a destructive nature. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
- All Products carry suitable and valid digital licences and are in no way in breach of any Intellectual Property Rights namely but not limited to a copyright infringement for use without an appropriate licence.
- You will supply all copy licences to the Distributor on request including all licence information, agency names, picture code number, image sales orders and invoice numbers
- Unaltered stock photography is prohibited, and the Seller must offer an original design.
- Will pay the Seller 70% of the price of the Product.
- Will pay Seller within 15 days from the sale of the Product
- Will notify Seller of any change of ownership or in doing business that will directly affect the duties performed by the Distributor.
- Will promote, sell and distribute the Products to the best of its ability.
We ask that you directly contact the buyer and attempt to resolve any outstanding issues before contacting Bella Media Management. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Governing Law & Jurisdiction
Both parties agree any dispute or claim arising out of this Agreement or in connection or relating to it shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.
In no event shall a third party have rights in connection with this agreement.
Nothing in this Agreement creates, implies or evidences any partnership or joint venture between the parties, or the relationship between them of principal and agent. No party has any authority to make any representation or commitment, or to incur any liability, on behalf of the others.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The party will be free of liability where the party is prevented from executing their obligations under this Agreement in whole or in part due to force majeure, including but not limited to an earthquake, typhoon, or other natural disaster, acts of terrorism or other civil disturbance, civil or military authority or any other unforeseen and uncontrollable event where the party has communicated the circumstances of said event to any and all other parties and taken any and all appropriate action to mitigate said event.
You agree to indemnify, defend and hold harmless Bella Media Management and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Bella Media Management reserves the right to handle legal defense however Bella Media Management sees fit, even if you are indemnifying us, in which case you agree to cooperate with Bella Media Management so the company can execute its strategy.
In its sole discretion, with or without notice to you, Bella Media Management may: (i) suspend, limit your access to or terminate your use of the bellamediamanagemetn.com, (ii) suspend, limit your access to or terminate your Account, (iii) remove any of your Shops, Products or Content from Bella Media Management’s servers and directories, and/or (iv) block your IP address or otherwise prohibit you from opening any new Shops or otherwise utilizing the Online Services.
Account Termination. If you an store account with Bella Media Management, you may terminate your Account for any reason at any time by emailing email@example.com.
Effect of Termination. If you or Bella Media Management suspend or terminate your Account, Bella Media Management may, without being liable to you or any third party: (i) delete any Content or other materials relating to your use of your Shop, and (ii) not allow you to access your Shops or create, produce, market, or sell Products. If you or Bella Media Management terminates your Account, you must immediately remove all links to the Website from any websites you operate and cease representing yourself as a user of Bella Media Management’s Store.
The failure of Bella Media Management to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- Bella Media Management reserves the right to modify or terminate any service for any reason at any time, with or without notice.
- Bella Media Management reserve the right to alter this Vendor Policies at any time. If alterations constitute a material change to the Vendor Policies, to be determined at the sole discretion the Distributor, the Distributor will notify you via e mail.
- Bella Media Management reserves the right to refuse service to anyone for any reason at any time.
- You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Bella Media Management, you agree to allow other Bella Media Management users to view them and you agree to allow Bella Media Management to display the images and content on Bella Media Management, or in emails from Bella Media Management, and store the images, item description, profile and other content.
- All Bella Media Management’s graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Bella Media Management trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Miscellaneous Terms and Conditions
Breach: Without limiting other remedies available, Bella Media Management may, without prior notice, limit your activity, immediately remove your item listings, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
(b) Bella Media Management is unable to verify or authenticate any of your Information; or
(c) Bella Media Management believes your actions might cause financial loss or legal liability for you, Bella Media Management or product buyers.
No Warranty: Bella Media Management, Bella Media Management’s directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors provide Bella Media Management’s web site and services ‘as is’ and without any warranty or condition, express, implied or statutory.
Limitation On Liability: In no case shall Bella Media Management, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.