Terms of Use

Access to and use of this website and its contents are subject to the following terms and conditions and all applicable laws. BY ACCESSING AND BROWSING THIS WEBSITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. COPIA may at any time revise these terms and conditions. You are solely responsible for complying with the then-current terms and conditions.

COPYRIGHT; RESTRICTIONS ON USE OF WEBSITE MATERIALS

COPIA is committed to protecting the copyrights and other intellectual property rights of artists and others. You hereby acknowledge and agree that, subject to valid third party rights, COPIA retains all intellectual property rights, including, without limitation, copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, and all other content contained in this Website (collectively "Materials"). Copyrights and other proprietary rights in the Materials may subsist in individuals and entities other than COPIA.

COPIA expressly prohibits the use, including, without limitation, the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or commercial exploitation of any Materials on this Website, except for personal, educational, and non-commercial purposes or for purposes of fair use as defined in the copyright laws. All users of the Materials must cite and credit them as they would material from any printed work, and the citation must include the URL "www.COPIA.org" in addition to all copyright and other proprietary notices placed in or near the Materials.

Certain works of art, as well as photographs of those works of art, may be protected by copyright, trademark, or related interests not owned by COPIA. The responsibility for ascertaining whether any such rights exist and for obtaining any necessary third-party permissions remains solely with the user, and COPIA will have no responsibility in connection with securing any necessary third-party permissions to use any of the Materials.

Any use of the Materials personal or commercial gain or that does not qualify as fair use under the copyright laws ("Commercial Use") is prohibited unless the user requests and receives COPIA?s prior written approval. Anyone wishing to make Commercial Use of any of the Materials may contact COPIA via email at info@copia.org. COPIA reviews all written requests, and permission may be granted on a case-by-case basis at the sole discretion of COPIA. A usage fee may be charged depending on the type and nature of the proposed use. Photographic and digital images of COPIA objects may also be available through the Public Relations Department (pressroom@copia.org). Images that are readily available can be viewed in our Image Gallery on the website.

TRADEMARKS

The trademarks, trade names, logos and service marks displayed on this website, including, without limitation, "COPIA" (collectively the "Trademarks") are the property of COPIA and/or its licensors. Trademarks of third parties displayed on the website are the property of their respective owners. Nothing contained in this Website grants, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the website without written permission of COPIA or any third party owner of the Trademark. Your misuse of any Trademark displayed on the Site, including, without limitation, alteration or use out of context, is strictly prohibited.

LINKS TO THIRD PARTY WEBSITES

This website may contain links to third party websites. COPIA is not responsible for any content of any linked website. COPIA provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any other affiliation with the linked website.

PRIVACY

Your privacy is important to COPIA. All information gathered from you in connection with your use this website will be governed by the provisions of the COPIA Privacy Policy. For more information, see the complete COPIA Privacy Policy.

DISCLAIMER

COPIA is under no obligation to monitor this website and assumes no responsibility or liability arising from the Materials or other content on the website or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the website. Users are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. COPIA will fully cooperate with any law enforcement authorities or court order requesting or directing COPIA to disclose the identity of anyone posting any such information or engaging in any such conduct.

INDEMNITY

You agree to indemnify, defend and hold harmless COPIA, its officers, directors, parents, subsidiaries, affiliates, agents, licensors, supporters, members, donors, and suppliers, and each of them, from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys fees), judgments, liabilities, losses or damages arising from or relating to your use of this website and/or your failure to abide by any of these terms and conditions.

DISCLAIMER OF WARRANTIES

This website is provided to you "as is" and "as available" with no warranty. To the maximum extent permitted by law, COPIA disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, the implied condition of satisfactory quality and implied warranties arising from course of dealing or course of performance. COPIA does not warrant, or make any representations that: (a) the website will meet your requirements; (b) the website will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the website will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the website will meet your expectations; or (e) the website or material accessible through the website is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the website, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY

You expressly understand that in no event will COPIA or its officers, directors, parents, subsidiaries, affiliates, agents, licensors, supporters, members, donors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the website; (b) your reliance on any content on the website; (c) any goods or services purchased through use of the website; or (d) any goods or services advertised on the website; even if COPIA or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

CHOICE OF LAW; JURISDICTION

These terms and conditions are governed by the laws of the State of California. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in San Francisco, California.

MISCELLANEOUS

These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supersede any prior or contemporaneous communications and agreements, written or oral, regarding this website or the use thereof. If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The failure by COPIA to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of COPIA. You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void. The Terms of Use will inure to the benefit of COPIA and its successors and assigns. Section headings used in this document are for convenience only and do not have any legal effect.

CONTACT INFORMATION

For questions, inquiries, or correspondence, please contact:
Internet Marketing Manager

500 First Street
Napa, CA 94559
Email: info@copia.org

COPIA makes every effort to respond to customer service inquiries related to a purchase at e-Cornucopia within seventy-two hours, and to respond to all other email messages within seven business days. If you email COPIA with a general request, compliment, concern or complaint, your message and email address will be forwarded to the appropriate department within COPIA. Any message, material, business information, ideas, concepts, or other information sent to COPIA by email will be treated as non-confidential and non-proprietary. COPIA may choose to save or use this information at its sole discretion.