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.

Commissions
Joining AlobeShop.com as a merchant and opening a shop requires confirmed contact information and a verified payment method. AlobeShop.com.com charges a percentage commission of the total sale when items sell through the AlobeShop.com platform.  Sales commissions are charged at the rate of 10% for vendor posted standard listing.  Vendors will have the opportunity for any of their items to be listed on the home page as a featured item which will be charged a 12-15% commission.  All commissions are calculated based on the US Dollar amount for the sold item.  Sales commission is assessed on the cost of the item. AlobeShop.com does not assess a sales commission on sales tax charged to buyers.

Vendor Accounts
Vendors will be given access to a portal that will allow them to set their banking account information and organize their products.  For vendors that post their own item listings, they will be charged the agreed upon commission percentage.  For vendors that request for AlobeShop.com staff to upload their items, a surcharge of 25-cents (US Dollars) per item will be added in addition to the agreed upon commission percentage.  If you are interested in becoming a vendor with AlobeShop.com.com, please submit a request so that a helpful member of the AlobeShop.com staff can answer any questions you may have and discuss the various vendor opportunities that are available.

Account Balance & Billing for all Paid Plans
Account balances will not accrue with AlobeShop.com.com.  Once an item has been paid for and the payment process is complete, the funds will automatically be transferred to the vendor account, less the amount of commission owed for the item(s) purchased.  AlobeShop.com.com will not be responsible for the collection of any sales taxes on items sold through the AlobeShop.com.com portal.

Promoted Items
Featured items will be listed on the AlobeShop.com.com home page for a specified period of time. If a vendor would like to have an item listed as a featured item, commission rates on those items will be 12-15%, rather than the standard 10%, depending on the length of time the vendor selects to have their item listed as a featured item.  All commissions and fees charged to vendors are billed as US dollars, and actual price charged to the vendor may differ based on the current exchange rates. 

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.

Upon request or in certain situations such as canceled or fraudulent transactions, AlobeShop.com.com may issue a commission credit back to a merchant.

In cases where a Merchant has requested account cancellation and the deletion of their seller account and data, any fees or commissions owed will be deducted from the final purchase amount that is completed.  No account balances for vendors will be maintained by AlobeShop.com.com. 

Plans
AlobeShop.com.com may offer additional plan packages in the future that include but are not limited to increased inventory space, fewer third party advertisements, reduced commission rates, premium tools and featured site placement.  Vendors will be given the opportunity to change their plans at any time when new plans become available.  AlobeShop.com.com does not require any specified length of commitment for listing items with AlobeShop.com.com.  A vendor may cancel their agreement with AlobeShop.com.com at anytime; however, AlobeShop.com.com does require a 30-day notice of cancellation in order to effectively process payments and ensure that both the Vendor and AlobeShop.com.com receive all payments and commissions in a timely manner.

Shipping Policy
AlobeShop.com.com offers a variety of services to make it easier for sellers 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.

1. Shipping Your Items
Sellers are responsible for shipping their sold items to buyers. If you’re using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive their orders.

By selling on AlobeShop.com, you agree to:

A. Provide an accurate “ships from” address.
B. Specify your shipping costs and processing times in your listings.
C. Ship items as soon as practical after the sale is complete.  Any delays in shipping will be discussed between the seller and buyer.
D. Comply with all local and international shipping and customs regulations. We know that shipping and customs regulations can be tough to read, so check out these Help articles on international shipping using United States Postal Service (USPS), Canada Post, Royal Mail, Australia Post, and Global Postal Shipping.
E. Ship to the address listed on the AlobeShop.com.com receipt.
F. Mark the order as shipped when you ship it, or use a shipping label purchased on AlobeShop.com.com, which automatically marks your order as shipped. Remember that you may only mark an order as shipped after you actually have shipped it. When you mark an order as shipped, the buyer will receive a notification.
G. Charge an appropriate amount for shipping. US and Canadian sellers may be able to use calculated shipping to have shipping costs calculated automatically.

By entering tracking information or delivery confirmation on AlobeShop.com.com, you’re giving us permission to collect and share this data received from your chosen shipping carrier with the buyer.

In the unlikely event an order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item actually was shipped and that it was sent to the address provided on AlobeShop.com. If a buyer does not receive their order, they may file a case against your shop. Please see this Help article to learn more about AlobeShop.com.com’s case system.

(Buyer and Vendor) 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.

(Vendor) Cancellation / Return of Funds
Due to the nature of our membership service, all fees and charges are nonrefundable and there are no refunds or credits for partially used periods. From time to time, we may provide a free time period or other service of value in the form of a credit. The amount and form of such credits, and the decision to award them, are at our sole discretion. The creation or award of credits in certain situations does not entitle a user or other users to any credits in the future for similar instances, nor does it obligate AlobeShop.com to award credits in the future.

We may change the fees and charges in effect, or add new fees and charges from time to time at our sole discretion, but we will give you advance notice of these changes by email.

(Vendor) Listing and Selling Products
AlobeShop.com provides a platform for shoppers and independent merchants to buy and sell goods. Merchants may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at AlobeShop.com’s discretion and the user’s account will be evaluated for possible termination. AlobeShop.com reserves the right to review, restrict, suspend or terminate a user’s account at anytime without explanation or notice. AlobeShop.com reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal.

By accessing and using the site merchants warrant that the products that are offering for sale are described accurately and completely. An individual listing may only offer for sale one unique item or set of items; products cannot be combined into listings to avoid inventory limits or fees.

The transaction between buyer and seller shall be considered a legally binding contract between those two parties. AlobeShop.com shall not be held liable, nor will AlobeShop.com be required to mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller. Buyers and sellers are responsible for all communication, specification or customization requests and communication. Sellers are required to confirm customization via email for one of a kind or customized products to ensure a record of the request outside of the internal AlobeShop.com systems.

The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. Users are prohibited from sharing accounts, or using another user’s account without permission. Violation of this policy will result in an investigation by AlobeShop.com, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by AlobeShop.com.com.

As a business owner, you are responsible for interpreting and correctly applying tax laws in your local jurisdiction ( city, county and state or other tax region). AlobeShop.com cannot provide and nothing we communicate should be interpreted as providing legal or tax advice.  AlobeShop.com does not calculate or collect sales tax on purchases for items from any sellers.

Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller’s local jurisdiction remains the sole responsibility and liability of the seller. AlobeShop.com does not collect or make tax payments on any seller’s behalf.

By using the AlobeShop.com platform you agree that AlobeShop.com is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.

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.

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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 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 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 counter claim is made, AlobeShop.com will require and enforce the removal of the material question. Adding any content to AlobeShop.com that contains the 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 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, counter claim 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