1. ACCEPTANCE OF TERMS OF SERVICE

Welcome to Copious. Copious and Copious.com are owned and operated by Utah Street Labs, Inc. (collectively, "Copious"). The following Terms of Service ("Terms of Service") is a legally binding agreement ("agreement") between you, an individual or a single entity ("you") and Copious ("we" or "us") that governs your use of Copious and applications and services offered by Copious (collectively, the "service"). Your access to the Copious.com site (the "site") and use of the Service and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service, including but not limited to purchases and sales you make through the Service is conditioned on your acceptance of and compliance with these Terms of Service. BY USING THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE, AS THEY MAY BE AMENDED BY COPIOUS FROM TIME TO TIME IN ITS SOLE DISCRETION. FROM TIME TO TIME THESE TERMS OF SERVICE MAY CHANGE OR OTHERWISE BE UPDATED AND, UPON POSTING, CONSTITUTE NOTICE TO YOU OF OUR THEN-CURRENT TERMS OF SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE PERIODICALLY, AND IF AT ANY TIME YOU FIND THESE TERMS OF SERVICE UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE ALL USE OF THE SERVICE AND THE SITE. You can be notified of amendments by subscribing to our Terms of Service. Otherwise, your agreement may be amended only by a writing physically signed by both us and you.

2. ELIGIBILITY

You must be at least 18 years of age or otherwise capable of entering into and forming a legal agreement to use the Service. You hereby represent and warrant to Copious that you are at least 18 years of age or otherwise capable of entering into and performing legal agreements. If you use Copious on behalf of a business, you hereby represent to Copious that you have the authority to bind that business and your acceptance of these Terms of Service will form a User Agreement (hereafter referred to as "Agreement") that will be treated as acceptance by that business. In that event, "you" and "your" will refer to that business in this Agreement.

3. COPIOUS'S PRIVACY POLICY

Copious respects your privacy. A complete statement of Copious's current Privacy Policy can be found by clicking here. Copious's Privacy Policy is expressly incorporated into this Agreement by this reference. Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy.

4. REGISTRATION, PASSWORD AND SECURITY

Upon registration of your account you will be considered a member of Copious with user permissions allowing you to use Copious for permitted activities, including the buying and selling of goods ("Member"). In the event that we allow login with other applications, you agree to abide by these Terms of Service. You are responsible for keeping your account information accurate and current. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. We permit only one account per person. You may not share your password with anyone else. You may not provide false registration information or select a user name that infringes third party rights or misleads about your credibility or affiliation. You agree to notify Copious immediately on any unauthorized use of your account, user name, or password. Copious shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Copious, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password. You acknowledge and agree that Copious is not liable for any unauthorized transactions or withdrawals made from your Copious account, PayPal account, or any other financial accounts due to any failure of you to keep your password credentials secret. Copious cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. LICENSE AND SITE ACCESS

Copious grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion thereof, except with the prior express written consent of Copious. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another user; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Copious. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Copious without the prior express written consent of Copious. Any unauthorized use terminates any permissions or licenses granted by Copious.

6. CONTENT SUBMITTED BY USERS

You retain any and all of your ownership rights to the text, pictures, video, sound and other content (collectively, the "content") you submit, post or display on or through the Service and you are responsible for protecting those rights. Copious claims no ownership of any content submitted, posted, or displayed by you on through the Service. Any content you provide must comply with these Terms of Service. You are responsible for your use of the Service, for any content you provide, and for any consequences thereof, including the use of your content by other users and our third party partners. You may remove your content from the Service at anytime by specifically deleting it. By submitting, posting or displaying content on or through the Service, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adopt, modify, publish, transmit, display and distribute such content in and all media or distribution methods. You acknowledge and agree that Copious will not be liable for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service or our partners. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. No compensation will be paid with respect to the content you submit, post, transmit or otherwise make available through the Service. Copious will not be responsible or liable for any use of your user content by Copious in accordance with these Terms of Service. By posting content on the Site or Service, you warrant and represent that you own the rights to the content or otherwise authorized to post, distribute, display, transmit, license, sell, or otherwise distribute content.

7. INAPPROPRIATE CONTENT

You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that: a. is libelous, defamatory, obscene, pornographic, prurient, abusive, or threatening; or b. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or foreign law or regulation.

Copious reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Copious intends to cooperate with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.

8. USER CONDUCT

While using Copious's services and tools, you will not:

1. violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
2. use our Site, Service, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Site, Service, or tools;
3. fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you buy, or a clear typographical error is made;
4. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms;
5. fail to enter the correct shipping information
6. manipulate the price of any item or interfere with other users' listings;
7. manipulate or abuse any program or promotion;
8. circumvent or manipulate our fee structure, the billing process, or fees owed to Copious;
9. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
10. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
11. distribute viruses or any other technologies that may harm Copious, or the interests or property of Copious users;
12. copy, modify, or distribute rights or content from the Site, Service, or tools or Copious's copyrights and trademarks; or
13. harvest or otherwise collect information about users, including email addresses, without their consent.
14. listing items for specific persons.
15. link to outside marketplaces.

9. ALLEGED VIOLATIONS

Copious reserves the right to terminate your use of the Service. To ensure that Copious provides a high quality experience for you and for other users of the Site and the Service, you agree that Copious or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Copious does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Copious reserves the right to terminate your account or your access to the Site immediately, to remove any content you post, with or without notice to you, and without liability to you, if Copious believes that you have violated any of the Terms of Service, furnished Copious with false or misleading information, or interfered with use of the Site or the Service by others.

10. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright and trademark ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "content") in violation of any third party's copyright, trademark, patent, trade dress, trade secret, or other intellectual property or proprietary rights (collectively, "intellectual property"), regardless of whether issued, registered, or otherwise. You agree to abide by laws regarding copyright and trademark ownership, and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.

11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT, TRADEMARK OR INTELLECTUAL PROPERTY INFRINGEMENT

Copious respects the intellectual property of others, and we ask our users to do the same. Copious has in place legally mandated procedures regarding allegations of copyright, trademark, patent, trade dress, trade secret, or other intellectual property (collectively "intellectual property") infringement occurring on the Site or with the Service. Copious may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who are found to have infringed on the rights of Copious, other users, or of a third party, or otherwise violated any intellectual property laws or regulations. Copious's policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Copious to delete, edit, or disable the material in question, please provide Copious's Designated Agent the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work, trademark, patent, or other intellectual property that you claim has been infringed;
3. description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, patent, or intellectual property owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or intellectual property owner or authorized to act on the copyright, trademark or intellectual property owner's behalf.

For this notification to be effective, you must provide it to the Copious's Designated Agent at:

By mail:

Designated Agent

c/o Utah Street Labs, Inc.

164 Townsend St, #6

San Francisco, CA 94107

Email: info@copious.com

12. FEES

We charge fees for using some services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may and reserve our right to change from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are solely responsible for paying all fees in a timely manner with a valid payment method.

You agree to indemnify and hold Copious harmless from and against any claim arising out of your failure to do so. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting any amounts owed from your PayPal account balance. In the event we must initiate and use any collection agency or other agent to collect amounts owed to Copious, you also agree by using the Site or the Service that these fees may be deducted by Copious without notice to you from your PayPal account balance. In the event legal action must be taken in order to collect any amounts owed by you for your use of the Site or the Service, you agree to pay any attorney's fees or costs incurred by Copious in said collection effort.

13. TRANSACTIONS POLICY

Copious is a community of users wo buy and sell with each other. We are committed to providing a positive experience for both parties in every transaction on our marketplace. The procedures and guidelines contained in the Transactions Policy ("Transactions Policy") explain the buying and selling processes and set out acceptable conduct and prohibited practices. You agree to abide by the procedure and guidelines contained in the Transactions Policy for conducting the sale and purchase of an item. Copious's Transactions Policy is expressly incorporated into this Agreement by this reference. A complete statement of Copious's current Transactions Policy can be found by clicking here. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. Because Copious's involvement is limited to that of a platform provider facilitating the actual transactions between a Seller ("Seller") and Buyer ("Buyer"), it is not the agent of either party for any purpose. The following describes and explains our Transactions Policy:

1. Seller lists item for sale. Price includes shipping with a tracking number and sales tax if applicable.
2. Buyer purchases item, and Copious immediately emails Seller with Buyer's shipping address.
3. Seller ships item within 4 business days of purchase notification and enters a tracking number on Copious. (Tracking number is required for payment. If we do not receive a correct tracking number within 4 business days, the transaction will be cancelled.)
4. Copious notifies Buyer that item has shipped.
5. Buyer receives item. If the Buyer reports no problems with the item, the transaction completes after 2 business days, and we transfer payment to the seller's account less any fees retained by Copious.

Once a purchased item is delivered, you as a Buyer will be afforded a review period as designated by Copious ("Review Period") to inform Copious whether there was an issue with the delivery of an item. Sale proceeds will not be released to the Seller until the Review Period has expired. If the Review Period expires, the transactions will be considered final, and the Buyer agrees to waive all claims or chargebacks. If the Buyer indicates that there is a problem with the item within a Review Period, the issue will be resolved according to Copious's Transactions Policy. While the vast majority of transactions go smoothly, occasionally an issue may arise where an item is not as-described or damaged. When this happens, the buyer has 2 business days from delivery to notify Copious. We follow the policy outlined below to resolve the issue as quickly and fairly as possible.

PROBLEM	BUYER	SELLER
Item not as-described or damaged	Buyer notifies Copious within 2 business days of delivery. If seller wants item back, buyer receives return mailing address from Copious. Buyer pays cost of return shipping with tracking number. Gets full refund once item delivered and confirmed by seller.	Seller gets notified by Copious of buyer problem. Decides to let buyer keep item or to have buyer send item back. Seller provides return mailing address. Does not get reimbursed for original shipping to the buyer. Seller gets item in mail. Confirms receipt. Does not get sale proceeds.
Seller did not ship item / no postal service record it was mailed	Copious notifies buyer that no tracking number was received. Buyer gets full refund.	If no tracking number is received by Copious within 4 business days of purchase, the transaction is cancelled. Seller does not get sale proceeds.
Lost in the mail / postal service did record it was mailed, but did not arrive	Buyer notifies Copious if not received within two weeks. Gets full refund.	Seller does not get sale proceeds. The seller's recourse is with the carrier.

FEES

Buyers

Copious commission shown at time of purchase.

Sellers

Copious fees shown at time of listing.

 

 

14. MARKETING AND PROMOTION PROGRAMS

Copious reserves the right to cancel any and all marketing promotions at any time without warning. Marketing programs include special offers, incentive or sign in credits and all other programs.

15. COPYRIGHT

All content included on this site, other than content supplied or otherwise provided by users of the Site or Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Copious or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Copious and protected by U.S. and international copyright laws. All software used on this site is the property of Copious or its software suppliers and protected by the United States and international copyright laws.

16. TRADEMARK

COPIOUS.COM, COPIOUS, and other graphics, logos, page headers, button icons, scripts, found in the Site are trademarks or trade dress of Copious in the United States and/or other countries. You may not use any meta tags or any other "hidden text" utilizing Copious's name or trademarks for any purpose without the prior express written consent. Copious's trademarks or trade dress may not be used in connection with any product or service that is not Copious's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Copious. All other trademarks not owned by Copious that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Copious.

17. GOVERNING LAW

These Terms of Service shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco County, California in all disputes arising out of or related to the use of the Site or service. You submit to the personal jurisdiction of courts located in San Francisco County, California for litigating such claims or disputes, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. The prevailing party shall be entitled to all reasonable attorney's fees and costs resulting from any action, arbitration, or litigation that is brought by any party. Copious makes no representation that any of the materials, the Site, or the Service to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site or the Service should not be construed as Copious purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

18. ARBITRATION

For any claim (excluding claims for injunctive or other equitable relief) where the total relief sought is less than $10,000, the party seeking relief may choose binding non-appearance-based arbitration to be conducted in accordance with the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitration shall be conducted before one or more neutral arbitrators mutually agreed upon by you and Copious in San Francisco County, California, the United States of America, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The prevailing party shall be entitled to all reasonable attorney's fees and costs resulting from arbitration that is brought by any party. The arbitration must be conducted via only a combination of phone, the Internet and written submissions (the party initiating arbitration may select the specific manner); the arbitration shall not involve personal appearance by the parties or witnesses unless otherwise mutually agreed; and the arbitrator's judgment may be entered in any court of competent jurisdiction.

19. SEVERABILITY; WAIVER.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. NO LICENSE

Nothing contained on the Site or the Service should be understood as granting you a license to use any of the trademarks, service marks, copyrights, patents, trade dress, logos, graphics, text, content, or other intellectual property owned or licensed by Copious or by any third party.

21. INTEGRATION

The Copious Terms of Service, Privacy Policy, and Transactions Policy constitute the entire Agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters.

22. GENERAL

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREED TO BE BY BOUND THEM. This agreement does not create any agency, partnership, joint venture, employment or franchise relationship.