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Bellfish celebrates technological innovation. We encourage you to be involved in every aspect of Bellfish - show art, give feedback, team up with other members to collaborate on projects and communicate.
To make this communication available online for creativity, it is essential that all users respect the intellectual property rights of others, including copyrights and trademarks. You just need to upload the content you have created yourself and be allowed to use it and authorize others to use it. If you are a customer or a company, please respect the copyright and trademarks of all the works you see or buy on Bellfish. Respecting the intellectual property of other people is an essential principle of the Bellfish community.
Being part of our Community and adding your works to the Bellfish Shop will allow you to get visibility and royalties. You must be aware that posting your work in this way attracts legal liability. It's up to you to make sure you don't break any laws by posting your work through Bellfish.
The mutual respect and respect for art you find here will help make Bellfish a stimulating and fun community.
All visitors (“user”, “you”, “your”) to the Bellfish website at www.bellfish.it (“the website”) are entering into an agreement legally binding on the following terms (the "agreement") when using the website. The agreement is between the user and one or both of the Bellfish or Dilium srl companies and the use of this website indicates the continued acceptance of this agreement.
Our services are only available to, and may only be used by, individuals who can enter into legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.
Modification of this agreement
We may change the terms of this agreement from time to time and will notify you of such changes by sending an email to the email address registered with Bellfish or by viewing information about the changes in our home page, or both. In both cases, your continued use of the website will be considered as acceptance of the new terms.
Bellfish offers a range of services (the "Bellfish service") which, among other things, allow you to publish, sell and purchase works of art; and receive the benefits of Bellfish's benefits for the realization of the product, including payment processing, customer services, production of third-party products.
The digital content on the website ("your content") can be information, text, data, graphics, images, photographs, sounds, videos, music or any other material published online by users. Any content that will be uploaded to the personal section of the portfolio is described as your "art". Your art can be viewed by all website users once you decide to publish it. You can order a physical product based on your art or offer your art for sale as part of selling a physical product. If you or a customer decide to place an order, Bellfish will forward your instructions to a third party who will manufacture and ship the physical product in the form specified by you or the customer (“the product”).
You can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before posting any content on the website. In absolute autonomy, Bellfish can refuse any username it decides to be inappropriate and / or refuse any person to become a member.
You are responsible for all actions performed on the website using your password, including products purchased or sold and any content displayed, even if such actions have not been approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you or any other person.
You agree not to reveal your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect that someone knows your password, you must change it immediately.
Posting the content on the Bellfish site
You own the copyright in any content you post or upload to the website. To receive Bellfish services, you grant Bellfish a non-exclusive royalty-free license to use and store the content in accordance with or as reasonably required by this agreement.
When you ask for content on the website, you represent and warrant that:
Bellfish reserves the right to review and, if in its sole discretion deemed necessary, remove any content from the website and / or delete your account, as such content violates your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify Bellfish in connection with any direct or indirect damage caused by your breach of one or more of these warranties.
Offer your art for the sale of a physical product
Any member may offer their art for the sale of a physical product on the website by appointing Bellfish to facilitate the transaction under the terms set forth in the Service Agreement in Appendix A. By accepting the terms of this user agreement, you expressly accept the terms of the Services Agreement in Appendix A, which will apply from the date you offer your first art for sale on a physical product and your continued use of the website, will constitute a ongoing agreement with the conditions contained herein as updated from time to time.
Purchase a product on Bellfish
Users can purchase products on the Bellfish website using a valid credit card or the PayPal system.
You do not need to be a member to purchase a product.
The price you pay is set at the time of the order.
It is not possible to cancel an order once has been sent.
It is the customer's responsibility to ensure that the delivery address of the product is correct. Bellfish assumes no responsibility for any product that a customer does not receive due to errors in the delivery address that was provided to us.
We do not warrant, endorse, make representations or recommend any content or art offered or provided by any member.
Cancel incorrect orders
Acknowledge that, despite our reasonable precautions, the products may be listed at an incorrect price or with incorrect information or may not be available. This may be due to an error or similar check. The user acknowledges that we cannot facilitate an order in which such an error exists and hereby requires us to cancel such an order and take other actions as required.
You authorize us to cancel an order if we believe it has been made in violation of this agreement or the rights of any person or any law. We can cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this until the time of delivery of the product to that customer. If a cancellation of this type occurs after the customer has been charged for the product, we will credit the customer's credit card or PayPal account for the amount in question.
Delivery will be facilitated according to the customer's instructions by postal or courier service and will be paid by the customer at the price indicated at the time of purchase. Bellfish will charge the customer the shipping costs which will vary depending on the size and price of the product.
If a product is delivered to a customer, in electronic or printed format, in any way damaged electronically or physically, Bellfish will contact the manufacturer to issue a replacement copy of the product, after having received reasonable evidence of such damage.
If you receive a damaged product, you must send an email to Bellfish customer service within 14 days of receipt to let us know the nature of the damage and arrange the shipment of a new product at no cost to the user.
Please be aware that posting on the website is controlled by the creators and we do not view all content on our website. It is the customer's responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or general appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
Grant Bellfish permission to dispose of any inventory that becomes excessive as a result of refunding, reprinting, fraud, product sampling or promotional activities, in any way it deems appropriate. p >
Report inappropriate content to Bellfish
Bellfish does not manually verify content before it is displayed on the website, so members may occasionally inadvertently or deliberately submit and view content that violates this agreement.
Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or defames any person, person, race, religion or religious groups, are obscene, pornographic, indecent, harassing, threatening, harmful, encroaching on the rights of privacy or publicity, abusive, incendiary or otherwise objectionable. Bellfish reserves the right (but not the obligation) to remove or edit such content, but does not regularly review published content.
Please help us by letting us know immediately of any inappropriate, or potentially inappropriate, content you see on the site.
You must ensure that access to this website and the Bellfish service is not illegal or prohibited by applicable laws.
You must take your precautions to ensure that the process you use to access this website and the Bellfish service does not expose you to the risk of viruses, malicious computer code or other forms of interference that could damage your computer system. We accept no responsibility for any interference or damage to any computer system that arises in connection with the use of this website or any linked website.
We accept no responsibility for any losses arising directly or indirectly from non-compliance with the Bellfish service, from corruption or loss of data, from errors or interruptions, from any suspensions or interruptions of the Bellfish service or from any transmissions by third parties in violation of the obligations of registered members as set out in this agreement.
You acknowledge that we may not be able to confirm the identity of other registered members or prevent them from acting under false pretenses or in a way that violates the rights of any person. p >
Intellectual property rights and license
By submitting listings to Bellfish, you grant Bellfish a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works and display the content of such announcements in relation to Bellfish (and successors 'and affiliates') services and activities to facilitate the sale of your product, including, without limitation, the promotion and redistribution of part or all of the Bellfish site (and derivative works) in any multimedia format and through any multimedia channel. In addition, you grant each user of the Bellfish site a non-exclusive license to access your content through the site and to use, reproduce, distribute and display such content as permitted by the site's features and under this User Agreement. The above licenses terminate within a commercially reasonable time after you have removed or deleted your listings from the Bellfish site. The above licenses issued by the user in the user comments sent are perpetual and irrevocable.
All intellectual property rights in this website and the Bellfish service are owned or licensed by us. Apart from the purposes and conditions prescribed by worldwide copyright and trademark legislation, and except as expressly authorized by this agreement, you may not in any form or by any means: p >
If you use one of our trademarks in reference to our businesses, products or services, you must include a statement that attributes that trademark to us. You may not use any of our trademarks in or as an integral or partial part of your trademarks; in connection with any business, product or service that is not ours; in a way that can be confusing, misleading or deceptive; or in a way that discredits us or our information, products or services (including this website).
This website may contain links to other websites (“linked websites”). These links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links to linked websites should not be construed as endorsement, approval or recommendation by the owners or operators of such linked websites or any information, graphics, material, product or service referenced or contained on such linked websites, unless and to the extent stipulated to the contrary.
We do not represent or warrant that the Bellfish service or this website, or any other website accessible via a hyperlink from this website, are free from errors or viruses. We do not represent or warrant that access to the Bellfish service or these websites will be uninterrupted.
The user acknowledges that the Bellfish service or this website may be affected by interruptions, failures or delays. Such interruptions, failures or delays may be caused by factors, including technical difficulties with the performance or operation of our software or other equipment, systems, traffic or technical difficulties with the Internet, or infrastructure failures.
We don't guarantee member uploads on this website are protected from loss, misuse or alteration by third parties. We do not guarantee that all uploaded content will be available on our website. If we decide in our sole discretion to make content available on our website, we do not guarantee that it will be available within a certain period of time.
We assume no responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with the use of this site or any site linked web, nor do we accept any responsibility for such losses arising from the use or reliance on the information contained in or accessible through this website.
To the extent permitted by law, any conditions or warranties that would otherwise be implied in these terms and conditions are therefore excluded. Where the law implies any conditions or warranties and the law prohibits us from excluding or modifying the application or our liability under such conditions or warranties, such condition or warranty will be deemed included but our liability will be limited for a breach of such condition or guarantee for one or more of the following, which we can offer as a gesture of goodwill:
This disclaimer contained in these terms and conditions does not attempt or claim to exclude liability arising from law if, and to the extent that, such liability cannot be excluded legally.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents and representatives harmless, as well as all third parties who print, manufacture and / or otherwise satisfy the products you are selling through the website, their officers, directors, employees, agents and harmless representatives, to and against any claim, damage, loss, liability, cost (including reasonable attorney's fees) or other expenses arising directly or indirectly from or from:
This indemnity will apply regardless of the negligence of any party, including any indemnified person.
No data transmission over the Internet can be guaranteed to be totally secure. We are committed to protecting such information, however we do not and cannot guarantee the security of any information you transmit to us. Consequently, any information you transmit to us is transmitted at your own risk.
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Access to this website can be terminated at any time by us without notice. However, our disclaimer will survive such termination.
Resolution of the dispute
This User Agreement and all disputes relating to this User Agreement or relating to the use of any part of the Bellfish service will be resolved solely within the framework of a confidential binding arbitration to be held in Milan, Italy. All disputes will be resolved in accordance with Italian law, without regard to conflicts of law principles.
You and Bellfish agree to submit to the personal and exclusive jurisdiction of Italy in order to enforce any arbitration award. Notwithstanding the foregoing, Bellfish may seek injunctive or other injunctive relief from a court of competent jurisdiction. You and Bellfish agree that any dispute resolution proceedings will be conducted on an individual basis only and not in a class, consolidated or representative action. You and Bellfish agree that any cause of action arising from or related to the Bellfish site (including but not limited to any service provided or made available on it) or this Agreement must commence within one (1) year after the cause of the action; otherwise, this cause of action is permanently blocked.
If you have a dispute with one or more users or vendors, you release Bellfish (and Bellfish's officers, directors, agents, subsidiaries, joint ventures and employees) from claims and damages ( actual and consequential) of any kind of nature, known and unknown, arising from or in any way connected to such disputes.
We accept no liability for failure to comply with this Agreement if such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be canceled on any other occasion.
If any of the terms of this agreement are found to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will still continue in full force.
You wish to use Bellfish's services to facilitate the marketing and sale of your art on a physical product and to organize the manufacture of the physical product ("your product") once the order was placed through www.bellfish.it ("the website"). Bellfish will provide these services on the terms set forth in this Services Agreement. Additionally, Bellfish will provide delivery of these products to the customer.
1.1 Bellfish, as an independent contractor under your instructions, will market and obtain orders from customers for the purchase of your products via the website and on your instructions, Bellfish will arrange the execution of such orders for third parties by facilitating the payment and production of your products ("Services"). Bellfish will then arrange for the delivery of your products according to the customer's instructions.
1.2 Bellfish will provide the Services in accordance with this agreement until terminated in accordance with its terms.
1.3 You agree that Bellfish is free to act in any way for any other person interested in promoting, marketing and obtaining orders from members of the public to purchase their arts on the website, including any art the same or similar to, your products.
2.1 You grant Bellfish a free, non-exclusive license to use your intellectual property relating to your products for the purpose of enabling us to perform the Services.
2.2 You hereby authorize Bellfish to facilitate the sale of your product which includes payment, processing and organizing the production of the product (s) in relation to orders made by customers via the website and Bellfish will facilitate such payment and production in accordance with reasonable business practices, unless otherwise instructed prior to a customer placing such order.
3.1 Bellfish will send you an e-mail to the e-mail address you have registered in your account to notify you when an order has been placed for your products.
3.2 All items purchased from the website are manufactured in accordance with the arrangements with third party suppliers under your instructions. This means that title and risk of loss for such items pass from you to the customer / buyer without going through us before the goods are delivered to the customer according to the customer's instructions.
4.1 The user authorizes Bellfish to collect, withhold and distribute the price ("proceeds from the sale") from customers under the terms established in this clause 4. Bellfish will also charge the customer for shipping which will be retained by us and will not affect the amount being distributed to you.
4.2 We will pay the fee according to the payment method selected on the website. This will usually take place between the 15th and 20th of the month.
4.3 It is the user's responsibility to ensure that Bellfish contains the current details of the postal address and bank account details. Bellfish will not be liable for any losses incurred by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have provided us with incorrect information or your information is out of date, we will keep your fee for up to 12 months from the date of payment. If Bellfish has not been notified of any changes to the payment method details at that time, the proceeds from the margin will be lost or donated to a charity of our choice.
5.1 Each party is responsible for its own taxes associated with each transaction and will take into account any taxes imposed by governments or government authorities and related accounting or auditing requirements arising from, as a result or in connection with the obligations under this Services Agreement. We recommend that you consult your tax advisor regarding the application of taxes for you, as the seller of the goods. This may include sales tax, VAT, GST and other transactional taxes.
5.2 Bellfish will not collect or pay taxes on your behalf as Bellfish merely acts as an agent to facilitate the sale of your product to customers. As set forth in clause 4.2 of this Agreement, the amounts distributed will be deemed to include any taxes, if applicable. At all times you will be solely responsible for reporting and remitting any tax liabilities arising from the sale of your products together with potential interest or penalties that any tax authorities may impose as a result of non-compliance. If you are registered for VAT in the EU, Bellfish can, at your request, provide you with a VAT invoice for any charges imposed by us.
5.3 If you have an Australian Business Number (ABN) or Value Added Tax (VAT), you can submit your ABN or VAT to the website where required. If you do not have an ABN or IVA, or if you choose not to submit your ABN or IVA to the website, you will be prompted to provide additional information about the circumstances in which you are offering your products for sale on the website, including if any Australian tax (ATO) or appropriate tax exemptions apply to you.
5.4 For the avoidance of doubt, all responsibility for tax reporting by you to the relevant tax authorities rests entirely with you.
6.1 You hereby indemnify and hold Bellfish harmless from and against all claims, debts, accounts, expenses, costs, privileges, actions and proceedings of any kind , known or unknown to any person, arising from, incidental or virtuous of, the appointment, or any breach or breach of obligations under this Services Agreement or arising from willful acts, negligence or failure to perform such obligations. p>
6.2 This clause 6 will survive the termination of this Services Agreement.
7.1 In no event will Bellfish be held liable for any consequential loss or damage resulting from the service agreement. To the extent permitted by law, all warranties and conditions implied by law are expressly excluded.
8.1 It is possible to notify the termination of this Service Agreement by closing your account in the method described in the user agreement.
8.2 Bellfish may notify the user of the termination of this Service Agreement in writing at any time.
8.3 After notice of termination as described in clauses 8.1 or 8.2, you authorize us to complete any ongoing transactions in relation to your products, which we will do under the terms of this Agreement on services. Termination of this Services Agreement will take effect upon completion of such transactions.