Capri Cork LLC Website Terms of Use

TERMS OF USE

Please read these terms and conditions of use (“Terms”) carefully before using this website. Accessing, browsing or using this website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms. By using the Capri Cork, LLC website you are agreeing to be bound by these Terms. If you do not accept these Terms, do not use this website.

Capri Cork, LLC reserves the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of these web pages. Such changes are effective immediately upon posting on this website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. Capri Cork, LLC reserves the right to revoke any or all access and use authorizations granted to you in regards to this website.

SERVICES

This website is owned and operated by Capri Cork, LLC and its affiliates (referred to herein as “Capri Cork,” “we,” “us,” or “our”). The information contained on this website, including all web page documents, images, audio and video files, all data and all content (the “Site” or “Website”) is provided for your use conditional upon your acceptance without modification of the Terms. Capri Cork provides you with access to a variety of resources, including but not limited to product and service information and product and service purchasing (collectively “Services”).

USE LIMITATION

You may download material from the Site only for your own personal, non-commercial use. While we encourage you to download and print information to help understand our Services and shop, unless otherwise specified, no material on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission of Capri Cork and with express attribution to Capri Cork. You may not alter or attempt to alter any material on the Site, or the Site itself. You also may not, without our permission, “mirror” any material contained on this Site or any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 18 years of age and that if you are younger than 18 you will not use this Site.

NO UNLAWFUL OR PROHIBITED USE

Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws. You may not use the Site in any manner that could disable, overburden, or impair any Capri Cork server, or interfere with any other person’s use and enjoyment of the Site, other accounts, computer systems or networks connected to any Capri Cork server or to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Your rights to use this Site may be further limited by international law, federal law or the laws or regulations in your particular county, state or locality. Capri Cork may, in its sole discretion, and at any time, modify or discontinue the Site, or limit, terminate or suspend your use of the Site, although Capri Cork is under no obligation to do so.

OWNERSHIP, TRADEMARK AND COPYRIGHT

You agree and acknowledge that Capri Cork is the owner or licensee of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws. No links may be established to any part of this Site and no information on this Site may be framed without our prior written approval.

The trademarks, logos and service marks used and displayed on this Site (the “Marks”), are registered and unregistered trademarks owned or licensed by Capri Cork. Under no circumstances may you use any of the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms. Any other use is strictly prohibited and Capri Cork will take all necessary action to enforce its rights. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks without the written permission of the trademark owner.

You should assume that everything you see or read on, or download from, this Site is copyrighted by Capri Cork or is licensed by Capri Cork, and may not be used except as provided in these Terms. If you make any permitted copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of Capri Cork, which it vigorously protects.

Capri Cork respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide Capri Cork with the following information:  1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Site; and 3) your contact information – name, address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to Capri Cork’s designated copyright agent at buchholz@capricollections.com.

DURATION OF THIS AGREEMENT

This Agreement will continue to be effective until we terminate it. We may modify or terminate this Agreement immediately and without notice, at our sole discretion.

THIRD PARTY CONTENT AND LINKED SITES

This Site may contain links to other sites created and maintained by other organizations, which may or may not be related to Capri Cork. These links are provided for your convenience and are for reference only and you agree that the links do not imply that Capri Cork is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Capri Cork. Capri Cork makes no representation about any other site that you may access through its Site and is not responsible for the contents of any other site. Unless expressly stated, Capri Cork does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the Site without first obtaining our written permission.

INFORMATION PROVIDED TO CAPRI CORK BY YOU

The Site provides you an opportunity to communicate with us. We are pleased to hear from our visitors and welcome your comments regarding our products and services. However, please be aware that any communication, whether it be a suggestion, idea, graphic or other material, to Capri Cork through the Site or otherwise will be treated as non-confidential and non proprietary. Anything you submit, transmit or post becomes the property of Capri Cork and Capri Cork is free to disseminate or use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.

Any contact or communication which you may make with us or our employees via this Site must be for Capri Cork business-related purposes and all such communications are property of Capri Cork, and subject to review and monitoring by us. You 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 laws. You understand that information transmitted over public networks may be accessed by third parties and Capri Cork will not be liable for any such unauthorized disclosure. Capri Cork will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

Capri Cork and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products, services or technologies, processes, materials, marketing plans or new product or service names. Please do not send any original creative artwork, samples, demos or other works. The purpose of this policy is to avoid potential misunderstandings or disputes when Capri Cork’s products, services or marketing strategies might seem similar to ideas submitted to Capri Cork. So please do not send your unsolicited ideas to Capri Cork or anyone at Capri Cork. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Capri Cork makes no assurances that your ideas and materials will be treated as confidential or proprietary.

CHAT ROOMS, BULLETIN BOARDS, AND CONSUMER FORUMS

If any chat rooms, bulletin boards, or consumer forums are provided on the Site, they are provided by Capri Cork as a service and convenience to its visitors. You should however, understand the risks involved with using this type of site. Therefore, before you can participate in any chat room, bulletin board, or consumer forum on this Site it is important that you read, understand and agree to the following terms and conditions and all of the Terms on this Site.

You agree that you will not upload any material to this Site that infringes any proprietary right, including, but not limited to, copyrights or trademarks. You also agree not to upload any material that is obscene, libelous, defamatory, harassing, hateful, or racially, ethnically or otherwise objectionable. You also agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users.

Capri Cork does not screen, review or control the information and listings posted by users, nor does it screen, review, or control any of the people who participate. Capri Cork is not responsible for the information or material provided on this Site by others and cannot guarantee the accuracy of the information provided by any other party. Because we do not control the transactions between you and other users, you hereby acknowledge that Capri Cork is in no way liable for any claims arising from your use of this Site. As a condition of your use, you agree to indemnify Capri Cork for all claims relating to any material or information posted by you on this Site. Remember that there are risks in dealing with people you do not know and that Capri Cork has no control over such risks. You need to exercise care in these transactions. People may provide information that is offensive, false, harmful, or deceptive. Please be cautious when sharing information, especially personal information, with others.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

Your use and browsing of this Site is solely at your own risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

THIS SITE AND ALL CONTENT, INCLUDED OR AVAILABLE THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, Capri Cork DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). Capri Cork (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. Capri Cork (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCE SHALL Capri Cork, ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THE FOREGOING DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, COUNSEL, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PORTION THEREOF INCLUDING, WITHOUT BEING LIMITED THERETO, ANY OFFERING THAT MAY BE MADE THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Capri Cork HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF Capri Cork TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITE. YOU MAY BRING NO CLAIM AGAINST Capri Cork MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE LIABILITY OF Capri Cork IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW HEREUNDER.

INTERNATIONAL USERS

Materials published at this Site may refer to products, programs or services that are not available in your country. Capri Cork makes no representation that the contents of the Site are appropriate or available for use at locations outside of the United States, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use the Site or export any contents of the Site in violation of U.S. export laws and regulations. By using this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or Denied Persons List.

JURISDICTION AND GOVERNING LAW

Capri Cork operates and controls this Site (excluding linked sites) from its offices within the Commonwealth of Pennsylvania. You agree that the statutes and laws of the Commonwealth of Pennsylvania will apply to all matters regarding the use of this Site. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Lancaster County, Pennsylvania with respect to such matters. Capri Cork makes no representation that the Site or the materials displayed on the Site are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Site from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.

WAIVER

Any failure by Capri Cork to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and Capri Cork relating to your use of the Site.