The services are provided by Bella Vista Marketplace (hereinafter referred to as “Bella Vista Marketplace”), an Arizona Sole Proprietor Company located at www.bellavistamarketplace.com

 

ACCESS AND USE OF THE SERVICES

These general terms and conditions of use ("General Terms and Conditions of Use") shall govern the use of the website www.bellavistamarketplace.com and related platforms and applications ("Website"), which belong to Bella Vista Marketplace. The purpose is to provide information about the activity of the Company and enable the use of the services offered by Bella Vista Marketplace (“Service” or “Services”), consisting in the shopping for and purchase of goods, and the viewing, creation, and storage of different types of online content.

By accessing the Services, you, the User, agree to these General Terms and Conditions of Use so please read them carefully before using them. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the Website or its contents. 

Some of the above-mentioned Services may be subject to specific conditions established at any time. From here forward, such conditions, or any other specific conditions for the Services offered on the Website at any time, shall be referred to as "Specific Conditions". 

In addition, Bella Vista Marketplace informs the Users of the Services that these General Terms and Conditions of Use and the Specific Conditions to the Service can be modified or amended at any time. If the User does not want to agree to any changes made, the User should stop using the Service, because by continuing to use the Services the User indicates their agreement to be bound by the effective terms at the time of use. 

The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use and the Specific Conditions when appropriate. The User also commits to using the Services and the information contained therein properly and to comply with any given applicable regulation.

 

 

SCRAPBOOK ACCOUNT AND REGISTRATION

To access the full functionality of the Service, you must create an account with which your Registration Data (as defined below) or other information will be associated (a “Bella Vista Marketplace Account”). Once the registration form has been filled out, the User must agree to the Privacy Policy and the appropriate Specific Conditions.

The User must activate a username and password in order to fully use and enjoy some of the Services. 

User shall be solely responsible for the choice, loss, theft or unauthorized use of any code or password, and the consequences derived therefrom. 

User shall be responsible for using the Services properly. 

By creating a Bella Vista Marketplace Account, you agree to (i) provide true, accurate, current, and complete information about yourself, as prompted by the Service’s registration form (the “Registration Data”), if such information is provided by User, and (ii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your Bella Vista Marketplace Account. 

If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, including organizations or entities, or if Bella Vista Marketplace has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, Bella Vista Marketplace may suspend or terminate your Bella Vista Marketplace Account and refuse to allow you to use the Service at any time. All Registration Data will be stored and used in accordance with the Bella Vista Marketplace Privacy Policy. 

You hereby consent to the use of your activities on the Service by Bella Vista Marketplace to optimize the availability and presentation of Content to you. You also hereby consent to share such activities with other users of the Service. 

You may close your Bella Vista Marketplace Account at any time 

 

You may cancel your account and you may opt-out of receiving marketing emails from Bella Vista Marketplace at any time by changing the settings in your account settings page. Deleting your account may cause data in the account to be permanently deleted from our systems and will disable your access to any other Services that require a Bella Vista Marketplace account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law) or in which the data in question was uploaded by you to Website, or posted by you to Website, and may be deleted by you from your account profile or settings, including posts, images, reviews, comments, or any other item which you posted or uploaded to the Website or related Applications or shared publicly or privately through Bella Vista Marketplace's Services. Notwithstanding the foregoing, if you are a resident of a country belonging to the European Union, or any other jurisdiction which requires it, you may delete your account at any time or request that we delete your account and data at any time. Such deletion will potentially result in the aforementioned data loss.

 

You may modify your personal information by logging in and visiting your settings at your “My Account” page and following the instructions provided. If you are a resident of a country belonging to the European Union, or any other jurisdiction which requires it, you may request that we modify your personal information by emailing Bella Vista Marketplace at bellavistamarketplace@gmail.com

 

All requests to Bella Vista Marketplace to delete or modify data must be made in the English language and requestors must provide reasonable proof of identity.

 

We encourage you to update your personal information promptly when it changes. Information concerning your past behavior with the Service may be retained by SCRAPBOOK as long as necessary for the purposes set out below.

 

When you make a purchase from Bella Vista Marketplace a bilateral contract is formed between you and Bella Vista Marketplace. Local, state, federal, and international law, including tax law and regulatory law, govern these transactions. Your personal data will be retained in association with this purchase if there is any legal requirement to do so in order for Bella Vista Marketplace to be responsive to any investigation or audit that governing entities might initiate.

We may also terminate your Bella Vista Marketplace Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.

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PROHIBITED USER CONDUCT

Prohibited activities While using the Service, you agree not to engage in any of the following prohibited activities:

• a) Use, display, mirror, or frame the Service, any individual element within the Service, the Bella Vista Marketplace name, trademark, logo or other proprietary information, or the layout and design of any portion of the Service, without Bella Vista Marketplace’s express written consent.

• b) Access the Service by any means other than through interfaces provided by Bella Vista Marketplace and as otherwise expressly authorized under these Terms of Service.

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

• d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bella Vista Marketplace or any of our providers or any other third party (including another user) to protect the Service.

• e) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.

• f) Attempt to access or search the Service or scrape or download Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bella Vista Marketplace or other generally available third party web browsers or search engines.

• g) Post or share any unsolicited or unauthorized spam, advertising messages, promotional materials, or other forms of solicitation on the www.bellavistamarketplace.com website.

• h) Use any meta tags or other hidden text or metadata utilizing the Service or a Bella Vista Marketplace trademark, logo, or URL without Bella Vista Marketplace’s express written consent.

• i) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.

• j) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your Bella Vista Marketplace Account) or your access to or use of the Service.

• k) Collect or store any personally identifiable information from other persons of the Service without their express permission.

• l) Stalk or otherwise harass another person or entity.

• m) Impersonate or misrepresent your affiliation with any person or entity.

• n) Violate any applicable law or regulation.

• o) Without limiting any other provision of these Terms of Service, allow any other person or entity to use your Bella Vista Marketplace Account.

• p) Encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.

• q) Post defamatory or insulting content, either directly or indirectly, about any individual or entity, including in private posts and Private Messages.

• r) Use racist language, defamatory language, provoking language, or profanity of any kind in any public or non-public User-generated content.

• s) Post or upload copyrighted material or any other intellectual property that does not belong to you, or has not secured requisite licenses or use waivers, or that is not of your creation.

• t) Copy information from the Website and use it for publication on other websites or print media.

• u) Use the Website to advertise, sell, or trade products and services.

• v) Link to or advertise any outside scrapbooking or craft sites - or platforms which permit the selling of craft products - in comments, posts, or any other area of the Website that permits user-generated content. This includes online stores or sites of any kind related to crafting, including that only ancillary related such as auction sites (such as eBay) or third party platform sites (such as Etsy, Amazon.com or Wal-Mart). Signatures, private messages, images, and avatars should not contain advertising information for other business, entities, individuals, organizations, or websites.

• w) Post or upload any content which contains profanity, pornography, or inappropriate content of any kind.

• x) Resolving disputes with Users in venues other than Private Message (PM) or email; dispute resolution between members is forbidden in publicly viewable areas of the Website.

• y) In particular, you agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Services, Contents or www.bellavistamarketplacecom website.

 

PRIVACY POLICY

When the User provides personal data to Bella Vista Marketplace, either during registration, navigation, making a purchase, using the Services, or making inquiries, the Privacy Policy shall apply, which must be previously read and accepted by the User. View the full Privacy Policy.

 

INTELLECTUAL PROPERTY

All Website contents other than User Content (including but not limited to databases, text, images, videos, photographs, copyrights, and patents) are the property of Bella Vista Marketplace or its content providers, in which case those contents have been licensed to Bella Vista Marketplace, and they are protected by United States law governing intellectual property. The compilation (that is, the collection, design, sorting and assembling) of the contents of the Website is exclusively owned by Bella Vista Marketplace and is protected by the applicable laws governing intellectual property.

All the software utilized for the use and development of the Services is the property of Bella Vista Marketplace or its software providers and is protected by the laws governing intellectual property.

All brands, labels, distinguishing symbols or logos that appear on the Services are the property of Bella Vista Marketplace or their respective owners. Bella Vista Marketplace’s brands, labels, distinguishing symbols or logos that appear are duly registered or in the process of registration. The names of other products, services, and companies that appear in this document or in the Services may be brands or other distinguishing symbols registered by each of their rightful owners. 

All texts, graphs, drawings, videos or audio supports are the property of Bella Vista Marketplace or its content providers, and they cannot be modified, copied, changed, reproduced, adapted or translated by the User or a third party without the express authorization of the owners of such contents. 

The fact that Bella Vista Marketplace makes available to Users intellectual property owned by Bella Vista Marketplace or its content providers that appear on the Services, does not indicate the assignment of their ownership or any right of exploitation in favor of the User, other than the rightful use of the Services consistent with its purpose. 

It is strictly prohibited to use the contents of the Services without the authorization of Bella Vista Marketplace or the rights holder if Bella Vista Marketplace is not the rights holder. This prohibition includes the exploitation, reproduction, publishing, transformation, distribution, transmission by any means, subsequent publication, exhibition, and public communication, or representation of such contents in whole or in part. The occurrence of any of these shall constitute a breach of Bella Vista Marketplace’s intellectual property rights, or the intellectual property rights of the right’s holder, and subjects the violator to punishments according to applicable laws.

 

USER CONTENT

The User accepts that the Services may display content provided by others that are not owned by Bella Vista Marketplace. Such content is the sole responsibility of the person or entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Bella Vista Marketplace is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use Content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so. 

User acknowledges that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, Bella Vista Marketplace may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. Bella Vista Marketplace reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that Bella Vista Marketplace has no obligation to monitor or review any content submitted to the Services.

 

You grant Bella Vista Marketplace the right to use, as it sees fit, your User-generated content, including uploaded projects, images, videos, text, tips, posts, reviews, and any other User-generated content on any site owned, operated, or utilized by Bella Vista Marketplace in the performance of its duties. You agree that your User-generated content, in whatever form, may be used in Bella Vista Marketplace marketing materials and efforts in perpetuity, without compensation or attribution to you, even after such content may have been removed from the Website, for whatever reason, at whatever time, and by whatever party. THIS DOES NOT INCLUDE YOUR PERSONAL INFORMATION!

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LINKS TO AND CONTENT SHARED WITH THIRD PARTIES

 

Bella Vista Marketplace may embed Content, including User-generated content, on third-party web pages or platforms, and publish links in its Services to Internet websites maintained by third parties. Bella Vista Marketplace assumes no liability derived from the connection to or the contents of hyperlinks to third-party websites or platforms, nor does their existence imply that Bella Vista Marketplace supports, promotes, guarantees or recommends the linked websites or platforms.

 

DISCLAIMER OF WARRANTIES

 

The following disclaimer applies to our Services: In consideration of the free-of-charge nature of our services, and to the full extent permissible by applicable law, Bella Vista Marketplace and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, partners, licensors, and all owners of the content (collectively, the “Bella Vista Marketplace parties”) disclaim all warranties, express or implied.

You expressly agree that your use of the service is at your own risk. We reserve the right to restrict or terminate your access to the Service or any feature or part thereof at any time if your use of the service breaches any law, or breaches and/or damages any third party or any third party’s rights, or for any other reason. SCRAPBOOK assumes no responsibility for the deletion, mis-delivery, or failure to store or transfer any content or personalization settings. 

User acknowledges that use of the services relies on features which are not under the reasonable control of Bella Vista Marketplace, such as the correct performance of the Internet, telecommunication networks, or other systems which are not under the reasonable control of Bella Vista Marketplace. In consideration of this, the Bella Vista Marketplace parties do not warrant that (i) use of the service or the Content will be uninterrupted or error-free, since interruptions or errors may be caused by communication resources outside Bella Vista Marketplace’s control; ii) that defects in the service or the content will be corrected; (iii) that the Service or Contents will be free of viruses or other harmful components; or (iv) that any descriptions of the Service or the Content are accurate, reliable, current or complete.

 

USERS WITH DISABILITIES

You understand that we make every attempt to make BellaVistaMarketplace.com accessible to website users with disabilities. If you have a suggestion for how we might improve the website experience for disabled people, or if you wish to register a complaint about the website's usability for the disabled, you agree to submit your suggestion or complaint by mailing to Bella Vista Marketplace c/o Customer Service, bellavistamarketplace@gmail.com

 

LIMITATION OF LIABILITY

 

You understand and agree that the Bella Vista Marketplace parties will not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if Bella Vista Marketplace been advised of the possibility of such damages), resulting from your use or access of, or inability to use or access, the Service or the Content.

 

Considering the real-time nature of the Services, it is impossible for Bella Vista Marketplace to review all messages and all images or confirm the validity of information posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any User-generated content, and are not responsible for the contents of any User-generated content. User-generated content express the views of the User, and not necessarily the views of Bella Vista Marketplace or any entity associated with such. Any User who feels that User-generated content is objectionable or inappropriate is encouraged to contact us immediately. The ability to remove objectionable messages and suspend Users is a manual process, and we may not be able to remove or edit Content deemed illegal or offensive immediately.

 

We reserve the right to delete any User-generated content for any or no reason whatsoever. Users remain solely responsible for their content, and you agree to indemnify and hold harmless Bella Vista Marketplace for exposure to any User-generated content to which you are exposed at the Website. Bella Vista Marketplace reserves the right to reveal your personally-identifying information to legal authorities in the event of a reasonable suspicion of illegal activity.  

 

SUSPENSION OF ACCESS

 

Please report problems and policy violations to us. We reserve the right, but have no obligation, to remove any Content from the Service at any time in our discretion. 

 

In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and Bella Vista Marketplace Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).

 

Users who do not comply with the Terms and Conditions may be banned from Services indefinitely without warning. When a member is banned, all PM's (private messages) and User-generated content may be deleted permanently. Bella Vista Marketplace will not remove historical Content uploaded or posted by banned members unless Bella Vista Marketplace deems appropriate or necessary. Individuals who have been banned may submit a statement to be considered for re-access to Services. If you have been banned and would like to submit a request for reinstatement, please make a request to bellavistamarketplace@gmail.com. Requests approved for reauthorization will be reinstated at Bella Vista Marketplace’s sole discretion and timing.

 

INDEMNITY

You agree to indemnify and hold the Bella Vista MarketplaceParties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (A) your use of the Service or the Content; (B) your violation of these Terms of Service; or (C) your violation of any law or your violation or infringement of any rights of another party.

 

APPLICABLE LAW AND JURISDICTION

The access to and use of the Services shall be governed and construed in accordance with the federal laws of the United States and the laws of the State of Arizona

By using the BellaVistaMarketplace.com website you agree that any disputes or legal matters that may arise between BellaVistaMarketplacek.com and you shall be resolved in the jurisdiction and courts of Maricopa County, Arizona pursuant to the laws of Arizona and you agree that you understand this notification and will not pursue any legal action against Bella Vista Marketplace, its parents, its subsidiaries, officers, directors, employees, or agents, except with courts having jurisdiction and venue in Maricopa County, Arizona. To this end, you agree to renounce your own jurisdiction and submit to the jurisdiction of the courts of the State of Arizona.