Fees and Billing Policy

Shoppers: Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice by AlobeShop.com.com.

Refunds & Credits

Refund policies are set by each vendor as to their items.  Items directly purchased from Alobeshop will have a 15 day return policy from the date the item was received according to shipping tracking data.  If you purchased an item directly from Alobeshop, please contact customer service at management@alobeshop.com for information on how to process your refund.

 

Shipping Policy

AlobeShop.com vendors offer a variety of services to get their items into the hands of buyers quickly and securely. The seller is responsible for arranging all shipping to buyers and the seller is responsible for any issues that may arise with shipping.

Anti-Discrimination and Hate Speech Policy

AlobeShop.com connects thoughtful consumers around the world with creative entrepreneurs. It’s an ecosystem where people of all backgrounds inspire each other and build relationships through making, selling, and buying unique goods. We want everyone on AlobeShop.com.com to feel safe, and our priority is fostering an inclusive environment. This policy explains the kind of behavior we prohibit on AlobeShop.com.com to make sure we all have a positive experience.

This policy is a part of our Terms of Use. By using AlobeShop.com, you’re agreeing to this policy and our Terms of Use.

AlobeShop.com.com prohibits the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):

• Race
• Color
• Ethnicity
• National origin
• Religion
• Gender
• Gender identity
• Sexual orientation
• Disability
• Any other characteristic protected under applicable law

 

It is your responsibility to know your local laws and any other legal regulations on discrimination that might apply to you. Additionally, AlobeShop.com does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

Whether you’re engaging with public features on AlobeShop.com, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the AlobeShop.com community, such as via Messages, discrimination and hate speech are not allowed. As a seller on AlobeShop.com, your shop content, including shop announcements and shop policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:

• Refusal of service based on membership in one or more protected group
• Expressing intolerance or a lack of respect for another member on the basis of protected group attributes
• Having a shop policy that excludes sales to members of one or more protected groups listed above
• Directly or indirectly making derogatory or demeaning remarks against protected groups listed above
• Racial slurs
• Posts that support or glorify hate groups and their members

If you think discrimination or hate speech has occurred on AlobeShop.com, please report it by emailing management@AlobeShop.com, and we will investigate. If you see a listing on AlobeShop.com which you believe violates our Prohibited Items Policy, including prohibited hate items, we encourage you to notify management by clicking on the Report this Item link on the item page We have a timely review process for all reports.

 

Independent Shop Policies

All users that choose to open a shop are encouraged to create and post a list of policies outlining the specific details for their shop. These policies should include but not be limited to: shipping and handling fees, accepted payment processors, return policy, and selling policies. All shop policies must conform to the policies for acceptable use and privacy set forth by AlobeShop.com.com. In the event that shop policies conflict with the TOU of AlobeShop.com.com the TOU will supersede any shop policies.

 

Prohibited Items

AlobeShop.com.com is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from AlobeShop.com.com. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of AlobeShop.com.com. This policy explains what is prohibited or restricted on AlobeShop.com.com.

We have a zero tolerance policy for prohibited items, particularly those that promote, support or glorify hatred, those that promote, support or glorify violence, or are unlawful. Sellers deemed to violate this policy can be subject to immediate account suspension or termination, in accordance with our Terms of Use.

This policy is a part of our Terms of Use. By opening an AlobeShop.com shop, you’re agreeing to this policy and our Terms of Use.  The following types of items are prohibited or restricted on AlobeShop.com:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
2. Animal Products and Human Remains
3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
4. Hate Items: Items that Promote, Support, or Glorify Hatred
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
6. Internationally Regulated Items
7. Pornography and Mature Content
8. Violent Items: Items that Promote, Support, or Glorify Violence

 

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

We reserve the right to remove listings that we determine are not within the spirit of AlobeShop.com.com. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.

We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. If you see something on AlobeShop.com.com that appears to violate these rules, you can report it to us. 

 

Usernames, Account names, Usage, Squatting and AlobeShop.com Reserved Rights

All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of AlobeShop.com. AlobeShop.com reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. It is not permitted to use the name AlobeShop.com or the AlobeShop.com logo in your shop name, product images, or product titles. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.

 

Intellectual Properties

All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by AlobeShop.com, AlobeShop.com staff, or contractors of AlobeShop.com are considered the trade dress of AlobeShop.com.com. Any and all data aforementioned is copyrighted and may not be used without the express written permission of AlobeShop.com or its officers, managers, agents and/or staff.

Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to re-publish said content for the purposes of promoting or providing benefit to the web community and properties of AlobeShop.com.

This license extends to the reasonable lifetime of any promotional tool. AlobeShop.com.com does not seek to engage in resale or to deprive the artist of income from potential licensing agreements with third parties. In order to facilitate this please send any requests for specific action along with proof of copyright ownership to our legal agent:

AlobeShop.com
management@alobeshop.com

 

Copyright and Intellectual Property Infringement Policy

AlobeShop.com uses the following policy to handle all forms of intellectual property infringement in accordance with the Digital Millennium Copyright Act and U.S. intellectual property laws in general. AlobeShop.com.com responds to this form of notice from any country or jurisdiction. AlobeShop.com’s designated agent can be reached via email at management@AlobeShop.com, an address for physical mail is listed above.

AlobeShop.com.com may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.

 

Preferred Intellectual Property Infringement Notice Procedure

Misrepresenting a product or activity as infringing your property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting AlobeShop.com.

To send a notice of infringement for material residing on AlobeShop.com that you believe infringes your intellectual property you may send notice to AlobeShop.com’s Designated Agent via email to management@AlobeShop.com or to the address listed above. Please note the type of intellectual property your notice addresses and include all of the following:

1. An electronic or physical signature of the complaining party or person authorized to act on their behalf.
2. Identification of the material or works claimed to be infringed. For patents or trademarks please include a number sufficient to locate the registration.
3. Identification of the claimed infringing materials and information that is reasonably sufficient to locate the infringing material. For products please include a full url of each product you claim is infringing.
4. A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
5. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].
6. Contact information for the notifier including name of property owner, name of the owners agent contacting AlobeShop.com (if applicable), address, telephone number and email address.

 

Only the actual copyright/trademark owner or legally authorized agent can send a proper notice. Unaffiliated third party claims are not acceptable challenge to seller(s) items. Please note that falsely or incorrectly requesting takedown under the DMCA may make the requestor liable for damages. By submitting a notice you are certifying that you have researched the appropriate rulings and laws regarding infringement notices and you accept the liability for false or damaging takedown requests. AlobeShop.com.com may inform the alleged infringing party of the notice including providing a copy of the notice itself and the notifying party’s contact information.

 

Takedown of Alleged Infringing Material

If a proper notice is received by AlobeShop.com’s Designated Agent, items or other material will be taken down pending a response from the user. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.

AlobeShop.com can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. AlobeShop.com will communicate to the affected users after a takedown is executed. Users whose content is removed have 3 business days to respond to the notice with a counter-notice. As AlobeShop.com will forward this response (counter-notice) to the claimant, the response should be directed to the claimant and AlobeShop.com should be copied on that response.

Re-listing items containing the intellectual property that has been previously removed without sending a counter notice; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the AlobeShop.com.com terms of use and may result in cancellation of the account. Repeated violations of intellectual property or being subject of similar or repeated infringement notices may also constitute grounds for service cancellation.

 

Preferred Counter Notice Procedure

If a user provides a proper “counter-notice” claiming that the material does not infringe on the intellectual property at issue, AlobeShop.com.com will inform the notifying party of the individual’s objection. If the property owner does not file for legal action with a court within 14 days, AlobeShop.com.com will restore the material to its location on the site. [512(g)(2)(C)]

The User’s response should include:

1. The User’s name, address, phone number, and physical or electronic signature [512(g)(3)(A)]
2. Identification of the material and its location before removal [512(g)(3)(B)]
3. A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
4. Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

 

Claims of fair use, homage, artistic use, or other defenses of copyright infringement are the purview of the courts and are not sufficient to counter a bona-fide notice of infringement for the application of AlobeShop.com policy. Failure to provide a counter-notice within 14 business days is taken as agreement to the removal of the material in question and agreement to desist from publishing any content on AlobeShop.com containing the specific intellectual property identified in the bona-fide notice.

AlobeShop.com may at its discretion forward the counter-notice and materials to the party making the claim of infringement. Items may or may not be inactivated pending legal resolution solely at the discretion of AlobeShop.com.

If no counterclaim is made, AlobeShop.com will require and enforce the removal of the material question. Adding any content to AlobeShop.com that contains intellectual property in violation of court order or successful claim of infringement constitutes a violation of the AlobeShop.com terms of use and may result in the cancellation of the account.

 

Transparency in Communications

In an effort to ensure clear communication of the concerns of intellectual property rights holders, AlobeShop.com may at its sole discretion publish any legal communication, takedown request, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant or counter claimant. In submitting any communication to AlobeShop.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to AlobeShop.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.

 

Designated Agent

Please send all correspondence regarding notices of infringement or counter notices by email to: management@AlobeShop.com.

You may also contact the Designated Agent at the following address:
AlobeShop.com.com
management@alobeshop.com

 

AlobeShop.com strongly encourages all parties involved in intellectual property disputes to secure the services of legal professionals. AlobeShop.com cannot offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counterclaim or other legal communication. There are many web-based resources to learn about the DMCA and intellectual property laws. AlobeShop.com.com encourages all members to learn about and understand the laws regarding these issues.

 

A summary of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here: http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code can be found here: http://www.copyright.gov/title17/92chap5.html

The full text of the Lanham act can be found here: http://www.bitlaw.com/source/15usc/

More government-provided information on copyrights can be found here: http://www.copyright.gov

Many universities maintain useful public information regarding copyrights, including:http://www.law.cornell.edu/wex/index.php/Copyright
http://fairuse.stanford.edu/

Further Trademark, DMCA and copyright articles, information and resources http://www.tabberone.com/Trademarks/trademarks.html