Terms and Conditions

Acceptance of Terms

  1. The terms outlined in this document and other documents referenced in this contract are legally binding between users and Bel Istoria. This contract documents your rights and responsibilities as a Bel Istoria user, so please read it carefully. By using Bel Istoria—even just browsing—you are agreeing to these terms.
  2. Please note that the section on Dispute Resolution contains an arbitration clause and class action waiver. By agreeing to the terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Other Documents

  1. As a Bel Istoria user, you should familiarize yourself with these documents, depending on how you use our venue:
    1. Privacy Policy
    2. Buyer Policies
    3. Seller Policies

Protecting Your Privacy

  1. Bel Istoria appreciates your trust in how we use and share information about you. We promise to do so with care. By visiting and using Bel Istoria, you are implicitly agreeing to our privacy policy

Your Bel Istoria Account

  1. Minors under 18 and at least 13 years of age are only permitted to use our services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use our services. You are responsible for any and all account activity conducted by a minor on your account. 
  2. Users must provide accurate information when registering as a user, purchasing, or selling on Bel Istoria. Infringement of intellectual property rights is prohibited.
  3. The person whose financial information is on the account will ultimately be responsible for all activity on that account, even if there are multiple account users. Keep your login information secure. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the terms on behalf of the business. 
  4. The terms outlined in this contract do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Bel Istoria.

Ownership of Content

  1. Content that you post on Bel Istoria is solely owned by you. This includes blog posts, reviews, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc. Therefore, as the owner of this content, you represent that you have all necessary rights to this content and that you are not infringing or violating any third party’s rights by posting it.
  2. By posting content on our venue, you grant Bel Istoria a license to use it, even though we do not own it.  Examples of this might include using buyer reviews or seller listing information and photos in our product promotion. In legal terms, by posting content on Bel Istoria, you grant Bel Istoria a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to promote Bel Istoria product and services in any formats and through any channels, including all services, our partners, or third-party website or advertising mediums. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent your content contains any personal information. 
  3. Bel Istoria will take appropriate legal action to remove infringing content or content that is inappropriate, false, or misleading. As a Bel Istoria user, you agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, false, misleading, or otherwise offensive. 

Use of Our Services

  1. License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our services—subject to the restrictions listed below.
    1. You agree that you will not violate any local, state, federal, and international laws in connection with your use of our services. Sellers are responsible for obtaining any required permits or licenses, and may not sell products that violate any laws. Sellers may not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Bel Istoria, Bel Istoria users, or a third party.
    2. Users are responsible for paying all fees owed to Bel Istoria. Sellers are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our services. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy
    3. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. 
    4. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  2. The name “Bel Istoria” and the other Bel Istoria marks, phrases, logos, and designs that we use in connection with our services, are trademarks, service marks, or trade dress of Bel Istoria worldwide. 
  3. Any unsolicited ideas or other materials you submit to Bel Istoria (not including content or items you sell) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  4. From time to time, Bel Istoria will provide you with certain legal information in writing. By using our services, you’re agreeing to our Electronic Communications Policy that we can send you information electronically and that your electronic agreement is the same as your signature on paper.

Termination

  1. Termination By You. Users may terminate their Bel Istoria account at any time from account settings. Any payment due to Bel Istoria must be paid upon termination. Account termination will not affect the availability of some content that you posted on Bel Istoria prior to termination. 
  2. Termination By Bel Istoria. Bel Istoria reserves the right to terminate or suspend your account (and any related accounts) and your access to our services at any time, for any reason, and without advance notice. Users terminated by Bel Istoria automatically relinquish all contractual or legal rights to continue to use our services. Bel Istoria may refuse service to anyone, at any time, for any reason.
  3. Regardless of who initiates termination, users may lose any information associated with your account, including content.
  4. Bel Istoria reserves the right to change, suspend, or discontinue any of our services at any time, for any reason. Bel Istoria will not be liable to users for any effect these changes may have on users, including income or revenue generation.
  5. The terms outlined in this contract will remain in effect even after access to Bel Istoria is terminated.

Warranties and Limitation of Liability

  1. Items You Purchase. You understand that Bel Istoria does not manufacture, store, or inspect any of the items sold through our services. We provide the venue. Marketplace items on Bel Istoria are produced, listed, and sold directly by independent sellers; therefore, Bel Istoria cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Bel Istoria from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
  2. Content You Access. You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through our services. Bel Istoria is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through our services. You release us from all liability related to that content.
  3. People You Interact With. You can use our services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability related to your interactions with other users. Exercise caution and good judgement in interactions with other users. 
  4. Third-Party Services. Our services may contain links to third-party websites or services that we don’t own or control, such as social media sites. You may also need to use a third party’s product or service in order to use some of our services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Bel Istoria is not a party to those agreements; they are solely between you and the third party.
  5. Gift Cards and Promotions. You acknowledge that Bel Istoria does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
  6. Warranties. Bel Istoria services are provided “as is,” and without warranty—express or implied. Bel Istoria expressly disclaims any warranties of title, noninfringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
    1. We do not guarantee secure services at any particular time or location; correction of any defects or errors; virus-free services; or user satisfaction.
  7. Liability Limits. To the fullest extent provided by law, neither Bel Istoria, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with our services or terms. In no event shall Bel Istoria’s aggregate liability or damages exceed the greater of one hundred US dollars ($100) or the amount you paid Bel Istoria in the past twelve months.

Indemnification 

  1. In the event that Bel Istoria gets sued because of something that you did, you agree to defend and indemnify Bel Istoria and our employees and directors, and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our services, your breach of our terms, or your account’s infringement of someone else’s rights.
  2. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Dispute Resolution

  1. If you find yourself in a dispute with another Bel Istoria user or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. 
  2. Buyers and sellers who are unable to resolve a dispute related to a Bel Istoria transaction may bring the issue to Bel Istoria under the following circumstances only:
    1. Non-delivery only in instances where the seller cannot prove that the product was shipped and/or the product was not shipped to the address provided by the buyer
    2. Late delivery only in instances where there was a written understanding between buyer and seller of a must-have delivery date for an event after which time the product would be rendered useless
    3. Not-as-Described only in instances where the buyer can prove through photos or other documentation that the actual product is significantly different from the seller’s online representation
  3. Bel Istoria will attempt to help resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Bel Istoria has no obligation to resolve any disputes.
  4. Release of Bel Istoria. You release Bel Istoria from any claims, demands, and damages arising out of disputes with other users or parties.

Disputes with Bel Istoria

  1. Bel Istoria aims to please, and we welcome your feedback on issues of concern to you. If we cannot resolve your issue, however, these rules will govern any legal dispute involving our services:
    1. Governing Law. The terms are governed by the laws of the State of Maryland, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
    2. Arbitration. You and Bel Istoria agree that any dispute or claim arising from or related to the terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), unless otherwise required by law.  Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Bel Istoria are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
    3. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, Bel Istoria will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
    4. Forum. We’re based in Anne Arundel County, Maryland, so any legal action against Bel Istoria related to our services must be filed and take place there. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Anne Arundel County, Maryland, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and Bel Istoria agree to submit to the personal jurisdiction of a state or federal court located in Anne Arundel County, Maryland.
    5. Government Exception. If you are a government agent or entity in the United States using the services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the terms and any action related to the terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Maryland.
    6. Modifications. If we make any changes to these terms after the date you last accepted the terms, those changes will not apply to any claims filed in a legal proceeding against Bel Istoria prior to the date the changes became effective. Bel Istoria will notify you of substantive changes at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Bel Istoria a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Bel Istoria in accordance with the provisions of this section as of the date you last accepted the terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the terms.

Changes to the Terms

  1. Bel Istoria may update these terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through our services or sending you an email or message about the changes. That way you can decide whether you want to continue using Bel Istoria. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of Bel Istoria following the changes constitutes your acceptance of the updated terms.
  2. These terms, including all of the policies that make up these terms, supersede any other agreement between you and Bel Istoria regarding our services. If any part of the terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the terms will otherwise remain in full force and effect. Our failure to enforce any part of the terms is not a waiver of our right to later enforce that or any other part of the terms. We may assign any of our rights and obligations under the terms.

Contact Information

  1. If you have any questions about the terms, please email us at info@belistoria.com.