Terms of Use

WELCOME to the trAloolaTM website ("Site").  trAloolaTM is an online art fair for artists and craftspeople to set up a booth and display and sell their art and crafts to consumers looking for unique and one-of-a kind merchandise. 

Our goal for artists is to enable the pursuit of artistic goals and passion by generating efficiencies in running a business online and driving traffic.  For consumers our goal is to deliver year round, 24/7 access and one-stop shopping for distinctive and one-of-a-kind items.

trAloolaTM OFFERS YOU, AS AN ARTIST OR SHOPPER, ACCESS TO THIS SITE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Terms").  These terms may be updated from time to time without prior notice to you by posting new or amended terms on the site, and your continued use of the site constitutes your acceptance of the new Terms of Use. 

Permitted Use of trAloolaTM Site and General Use Restrictions
trAloolaTM or third parties granting rights to trAloolaTM hold all right, title, and interest in and to the products, services, content, material, information, scripts, code and various functionalities and applications (collectively, the "Services") on this Site, which are the copyrighted work of trAloolaTM or such third parties. trAloolaTM grants you a limited, personal, non-exclusive, non-assignable, and non-transferable license to use and display the Services only on your personal computer and only for purposes associated with your interaction with this Site. Some of the information included as part of the Services is considered by trAloolaTM to be proprietary, confidential, of a sensitive nature and/or the trade secrets of trAloolaTM  Accordingly, you will keep confidential and not disclose to any person or entity (outside your artist operation if you are an artist vendor soliciting merchandise on the trAloolaTM Site) any of the information retrieved by you during your use of the Site and Services. Except as stated herein, you shall have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the Services in any manner or (to the extent such restriction is allowed by law) reverse engineer or decompile any code, script, or software forming part of the Services. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site, the Services or any content, information or materials related thereto and you shall not "frame" or "mirror" the Site, any Services contained on, framed within, or accessible from or through this Site on any other server or Internet-based device without the advanced written authorization of trAloolaTM.

Password Restrictions
You may search and browse on trAloola without being a member.  However, when transacting on this Site, the Site is password restricted to authorized users only and can only be accessed with the username and password selected by you at registration. Even though the Site may allow you to change your password, you shall be responsible for maintaining the confidentiality of your username and password. You may be allowed to enter into transactions and other agreements via this Site. You agree that you accept all responsibility and to be bound by any and all activities and transactions that occur under your password and login account, whether or not authorized by you. You agree to immediately notify trAloolaTM of any unauthorized use of your account or any other breach of security known to you in relation to the Site. trAloolaTM reserves the right to revoke your password and access to the Site at any time and for any reason.

Availability
You hereby represent that you are at least 18 years of age. Any part of the Services on this Site may change without notice to you at any time in trAloolaTM 's sole discretion. The services offered on a trAloolaTM website in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. trAloolaTM does not and shall not make any warranty or representation that a user in one region may obtain the services from a trAloolaTM website in another region. trAloolaTM is under no obligation to maintain this Site or provide the Services contained herein and makes no warranty that it will do so. Information that trAloolaTM publishes on the Site, or on any of its other websites - including, but not limited to those located at the domain trAloola.com - may contain references or cross references to trAloolaTM products, programs and services that are not announced or available in your region. Such references do not imply that trAloola intends to announce such products, programs or services in your region.

Third Party Interaction and Links to Third Party Sites
In your use of the Site, you may, through links to other websites or to advertisements, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party advertisers or members or sponsors of the Site. Unless otherwise stated specifically by trAloolaTM, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion is solely between you and the applicable third party. trAloolaTM shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
This Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by trAloolaTM. Such links do not constitute an endorsement by trAloolaTM of any such websites or the products or services offered through such websites. You acknowledge that trAloolaTM is providing these links to you only as a convenience, and that trAloolaTM is not responsible for the business practices, content, privacy policies or links displayed on such websites or products and services offered through such sites to which you may be linked and your access to these websites is at your own risk.

trAloolaTM prohibits artists or consumers to promote their own websites or to include links to their websites from their booth page or anywhere else on the site.

Disclaimer of Warranties and Limitation on Liability
YOUR USE OF, AND ANY RELIANCE UPON, THIS SITE AND ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR MATERIALS IS AT YOUR OWN RISK. The Services have not been independently verified or authenticated in whole or in part by trAloolaTM. trAloolaTM DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE SITE OR ITS SERVICES. trAloolaTM HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER PROVIDED BY trAloolaTM OR THIRD PARTIES AND trAloolaTM DOES NOT GUARANTEE THE AVAILABITY OF THE SITE.

THIS SITE AND SERVICES IS PROVIDED TO YOU ON AN "AS IS", “AS AVAILABLE” AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS. trAloolaTM , FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS SITE OR SERVICES, PROVIDES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN CONNECTION WITH OR REGARDING THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, PRODUCT, REPRESENTATION, OR SERVICES CONTAINED ON THE SITE.

ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, ARTISTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY DISCLAIMED. SPECIFICALLY, trAloolaTM MAKES NO WARRANTY REGARDING THE AVAILABILITY OF THE SITE, THE SERVICES, ANY MERCHANDISE OFFERED ON THE SITE, ANY ARTIST/ VENDOR, OR CUSTOMER UTILIZING THE SITE, ANY DATA STORED ON THE SITE, YOUR ACCESS TO THE SITE OR ANY DATA, OR THE ACCURACY OF ANY INFORMATION EITHER STORED OR PROVIDED VIA THE SITE.

NEITHER trAloolaTM NOR ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS SITE SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE OR FAILURE TO REALISE EXPECTED SAVINGS ARISING FROM OR CONNECTED WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR SERVICES OR YOUR INABILITY TO USE THE SITE OR SERVICES, EVEN IF trAloolaTM HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY THIRD PARTY OWNERS OF ANY MATERIALS, SERVICES OR CONTENT PROVIDED OR CONTAINED ON THIS SITE ARE THIRD PARTY BENEFICIARIES TO THE WARRANTY AND LIABILITY LIMITATION PROVISIONS CONTAINED IN THIS PARAGRAPH AS THOSE PROVISIONS RELATE TO THEIR MATERIALS, SERVICES OR CONTENT. TO THE EXTENT ANY LIABILITY ARISES ON BEHALF OF trAloolaTM RELATED TO THIS SITE OR ITS SERVICES, USER AGREES THAT THE MAXIMUM LIABILITY OF trAloolaTM WILL BE $25.00 U.S. DOLLARS.

Local Laws; Export Control
trAloolaTM controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

Trademarks
trAloolaTM and other logos and service names are trademarks of trAloolaTM INC.  trAloolaTM's trademarks may not be used in connection with any product or service that is not trAloola's and no license to any such trademarks shall be construed as being granted hereunder.

Applicable Law
Any action related to these Terms will be governed by the law of the State of Iowa, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Iowa, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

Submissions
You acknowledge that you are responsible for the information and material that you submit (each a "Submission") through public and/or private posting areas, e-mails, or other services available in connection with this Site, and that you, and not trAloolaTM, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Statement you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to trAloolaTM a perpetual, worldwide license to use or disseminate a Submission on an unrestricted basis for any purpose whatsoever.  You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your transactions to solicit, sell, or purchase items posted on the trAloolaTM Site.

Privacy
When trAloolaTM collects information, it does so in compliance with its Privacy Policy connected with this Site. As such, trAloolaTM will collect, use and disclose personal information in connection with this website for those purposes identified to you at or prior to the time of collection and in accordance with the Privacy Policy.

User Indemnifies trAloolaTM
You alone are responsible for your actions related to the use of this Site, including but not limited to transactions, purchase, or sale of any merchandise, or the actions of any person using your user name and/or password. As such, you shall defend, indemnify and hold trAloolaTM and its affiliates and their respective officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all claims, demands, lawsuits, costs, damages, liabilities, and expenses (including legal fees) incurred, claimed or alleged, relating in any way to: (i) your breach of the Terms, your use of the Site or the use of the Site by any person using your user name and/or password; and (ii) any claim that one or more of your submissions, or the submission of any person using your user name and/or password.

Termination
If trAloolaTM becomes aware of inappropriate or unauthorized use of the Site or any of its Services, trAloolaTM will respond in any way that, in its sole discretion, trAloolaTM deems appropriate. Additionally, trAloolaTM may terminate these Terms and your access to the Site without notice at any time for any reason or no reason at all.

Terms of Use Revisions
trAloolaTM reserves the right to revise these Terms at any time by updating this posting. Notice that the Terms have been revised shall be provided by posting such fact in a conspicuous place on the Site for a reasonable amount of time. Your continued use of the Site after such notice will constitute your acceptance of such revised Terms.

Miscellaneous
Waiver: No omission or delay on the part of trAloolaTM in requiring the due and punctual fulfillment of any of its obligations hereunder shall constitute a waiver of any of its rights to require such due and punctual fulfillment of any obligation hereunder, nor shall any single or partial exercise of a right preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. Entire Agreement: These Terms constitute the entire agreement among the parties hereto and supersedes all other prior agreements or understandings, both written and oral, between the parties or any of them with respect to the subject matter hereof. Force Majeure: trAloolaTM (or any of its affiliates or representatives) shall not be responsible or liable to any other party for any failure to perform any of its covenants or obligations under these Terms if such failure results from events or circumstances reasonably beyond the control of such party. Headings: The Article and Section headings in these Terms are solely for the convenience and reference of the parties hereto and are not intended to be descriptive of the entire contents of, or to affect, any of the terms or provisions hereof. Survival: The termination of these Terms as specified herein shall not serve to eliminate any liability arising out of conduct prior to the actual date of termination and any party hereto may, following such termination, pursue such remedies as may be available with respect to such liabilities. Severability: If any term or provision of these Terms or the application thereof shall be invalid or unenforceable, such term or provision shall be severed from these Terms and the remainder of these Terms shall be unaffected thereby be valid and be enforced to the fullest extent permitted by law.

General Conditions
trAloolaTM is a venue to enable transactions between artists and consumers.  trAloolaTM is not in any way responsible for, does not endorse or verify the content or merchandise posted by its users.  Any content posted on the Site is the responsibility of those who post the content and do not necessarily represent the views of trAloolaTM .  trAloolaTM does maintain the right (but not the obligation) in its sole discretion to remove or refuse any content that is posted on the Site.  You, as shopper, must evaluate and bear all the risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.  You agree to look only to the artist for any claims related to the artist’s merchandise posted on this Site. 

Setting Up a Booth on trAloolaTM
As an artist on the Site you agree to all of the following conditions:

1. You are the designer and manufacturer or legal representative for the items you post on the Site.
2. You must select one category for your shop that is most appropriate for the types of items you manufacture and/or sell.
3. You must provide complete and accurate descriptions, photos and other information about your items.
4. To provide all accurate and pertinent data necessary to host a booth including but not limited to contact and bank information.
5. All sales are binding and you agree to complete the sale on all purchases made within 3 (three) days of notification of such sale.
6. As a trAloolaTM artist you agree to at least a 7 (seven) day review period for returns unless your items are on the excluded items list (bathing suits, undergarments, body jewelry or perishable items).  You may extend your return window to up to 28 days in the ‘Set Up Booth’ process. In the event of a return we will reconcile the debit for the amount earned for the item and taxes paid during the monthly account reconciliation process on the 21^st of each month or the next business day with the bank account you have on file.
7. trAloolaTM , in its sole discretion and without notice may suspend or terminate your account   and remove content for any reason including without limitation, the lack of use or violations or acts inconsistent with the Terms of Use.

1. False, inaccurate, or misleading information
2. Fraud or involvement in the sale of illegal, counterfeit, or stolen items
3. Infringement upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Violating any law, statute, ordinance or regulation
5. Defamation, unlawful threatening, or harassment
6. Obscenity, child pornography, or posting of mature content
7. Transmission of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the proper functioning of the Site
8. Creating liability for trAloola or to cause us to lose (in whole or part) the services of our ISPs  or other suppliers
9. Linking directly or indirectly to information or websites not posted on the Site

Transaction Fees
There are no set-up fees associated with establishing a shop in trAloolaTM.  You, as artist agree to pay a 10 (ten) percent commission on the sale price of all items sold via the Site, excluding shipping and tax.  Payment for shipping and taxes are the responsibility of the buyer.

We will close the books on the 17^th of each month at noon CST.  We will reconcile accounts and debits on the 21^st of each month or the following business day in the event that the 21^st falls on a weekend or holiday.  The reconciliation will include 90% of the item value plus all taxes and shipping charges collected on your behalf as well as any affiliate payments earned in that period, less any debits for returns.

We may at our sole discretion change the fee structure or billing policy. 

Return Policy
As a trAloolaTM artist you agree to a minimum 7 day window for review of items for return.  You may elect to extend this window to up to 28 days during the ‘Set Up Booth’ process.  If a return is made and accepted by you, we will debit to the next reconciliation process 90 percent of the cost of the item which the artist accepts according to its own return policy.  This fee adjustment will be made in the current or next billing cycle depending on when trAloola receives confirmation of the return.  As a consumer you have a minimum of 7 days to review an item for return unless the artist has extended that period.  You can view the exact number of days beyond 7 that an artist allows from their booth page by clicking the Return Policy link.

If you choose to return an item you must initiate the Return Item process by going to your My Account page and clicking on Return An Item where you will receive complete instructions on the process.
Once your item has been received by the artist, they will notify trAloolaTM of the return receipt and funds will be returned to the credit card on which the purchase was made within 24 hours of notification to us.

1. Buyer Protection.  If you buy an item from an artist on trAloolaTM and either do not receive the item or receive an item that you believe is significantly not as described by the artist, we encourage you to open a dispute with the artist by logging into you’re My Account page and clicking on Dispute Resolution and following the instructions provided.  By doing so, you will initiate a communication between you and the artist in order to resolve the issue.  If your dialogue with the seller fails to produce a satisfactory result, you can escalate the Dispute Resolution by filing a Claim by sending an email to Claims@trAloola.com.  We will review the dispute and the steps taken for resolution and evaluate for reimbursement under the following policies. Claims Policy.  If we deem an item to be misrepresent or the buyer to be valid in their complaint we will intervene with the seller to recover funds from them and return the item value and taxes collected to the buyer.
2. In the event that we are not able to resolve the issue with the artist we will reimburse buyers up to $200 of for eligible purchases.

These policies only cover payments for tangible, physical goods.  Items that are excluded from returns may not be considered for claims based on our discretion.

If trAloolaTM pays out a claim and makes a chargeback to the consumer, the consumer agrees that trAloolaTM assumes the rights against the artist with regard to the dispute and may pursue those rights directly or on your behalf, in trAloolaTM's discretion.

Dispute Resolution
It is the responsibility of the artist and buyer to resolve any dispute arising from a transaction on this Site.  A dispute resolution communication tool has been provided for you and can be accessed from the artist’s booth page.  Complete details about the dispute resolution process can be found by logging into you’re My Account page.

In the event a dispute arises between you and trAloolaTM, please email us at disputes@trAloola.com and we will review the matter. 

Breach
Without limiting other remedies available, trAloolaTM may, without prior notice, limit your activity, immediately remove your item listings, warn buyers and sellers of your actions, issue a warning, temporarily or indefinitely suspend or terminate your access and refuse to provide service to you if:

1. You breach the Terms of Use or the Privacy Policy
2. We are unable to verify or authenticate your information
3. We believe your actions may cause financial loss, legal liability, or other harm to you, other trAloolaTM users, or to trAloolaTM
4. Any other reason within the discretion of trAloolaTM