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Terms of Use

This website is owned by Da Capo Publishing Inc. Please read these Terms of Use (this "Agreement") carefully before using this site. If you do not agree to these Terms of Use, please do not use this site. YOU AGREE AND ACKNOWLEDGE THAT BY CLICKING THE "I ACCEPT" BUTTON BELOW, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, REGARDLESS OF WHETHER YOU BECOME A MEMBER OF THIS WEBSITE.

Use of This Site

You must be at least 18 years of age to use this site. By registering to use this site, you represent and warrant that you are at least 18 years of age, and have the right and capacity to enter into this Agreement and to use this site.

You agree that this site is for personal use only and that you will not, and will not permit any third party on your behalf, to use this site for any commercial purpose whatsoever. Without limiting the foregoing, you agree that you will not, and will not permit any third party on your behalf, to collect user names, email addresses or other information from this site for the purpose of sending unsolicited emails or any other unauthorized purpose.

You may not, and may not permit any third party on your behalf, to frame or link to this site for any purpose whatsoever without Da Capo Publishing Inc.'s prior written consent.

Membership and Registration

You do not need to register or become a member in order to browse this site, view member ads and conduct searches. You must register to become a member in order to create your ad, called a personal profile page ("Personal Profile Page"). Two levels of membership are offered, unpaid and paid.

As a member, you may create your own Personal Profile Page, including your online headline, online text ad, newspaper headline and newspaper text ad, and you may uploaded photographs and answer profile and essay questions. Paid members may initiate email communication or voice message contact with other members. Unpaid members may not initiate email communication or voice messages, but may respond to emails and voicemails sent by a paid member. Paid membership can be for a certain length of time (one day, seven days, thirty days or ninety days) or it can be transaction-based (purchase of transactional "stamps.")

The registration process is available online by clicking on the appropriate links. During the registration process, you create your "username" and password and provide certain information, such as your first and last name, city of residence, zip code, email address, birth date and gender ("Profile Information"). Profile Information is further described in, and handled by Da Capo Publishing Inc. in accordance with, this site's Privacy Policy. To view the Privacy Policy, please click the Privacy Policy link in the bottom navigation bar at the bottom of this page. The only Profile Information that is available for viewing by users and other members of this site is your username, age in years, city of residence and gender.

Introductions

Users and members can browse Personal Profile Pages and conduct searches. Once a paid member sees another member's Personal Profile Page that is of interest, the paid member may initiate email contact via this site's private, internal email system, via the instructions provided on this site. That email message can be accessed and read by the recipient when on this site by going to "My Account" and following the appropriate links. As a member (whether paid or unpaid), you have access to a private area of this site where you may read and send email messages, listen to voice responses, edit your Personal Profile Page and perform other administrative functions.

Ownership of Site and Use of Content

You acknowledge that this website contain designs, information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is owned exclusively by Da Capo Publishing Inc. or its licensors. You agree and acknowledge that, notwithstanding that Da Capo Publishing permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. Modification or use of this site and/or the Content for any commercial purpose is a violation of copyright and other proprietary rights owned by Da Capo Publishing Inc. and third parties.

In addition to Da Capo Publishing and its licensors' rights in individual elements of the Contents, Da Capo Publishing Inc. owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit this website and/or any of the Content, in whole or in part.

Third Party Property

You agree that you may upload to the software files or otherwise transmit on or through this website, only Content that is not subject to any rights of any third parties, or Content in which any holder of such rights has given express authorization for distribution on the Internet. By submitting Content to this site including, without limitation, any photos, drawings, text, message or other material posted on or through this site, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.

Sales Tax

In accordance with various statutes, Da Capo Publishing, Inc. may be required to collect sales tax on any purchase of membership, items or services from this website.

Prohibited Conduct and Use

You agree to use this website only for lawful purposes. You are expressly prohibited from placing any message in any post or otherwise transmitting through the site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). You agree and acknowledge that Da Capo Publishing Inc. is not responsible or liable to you or any other party for any Prohibited Conduct by any user of this site at any time.

Notwithstanding anything in this Agreement to the contrary, Da Capo Publishing Inc. is in no way obligated to monitor any user's use of this website or to monitor, retain, review and/or edit the contents of any message sent or otherwise transmitted through this website. However, Da Capo Publishing Inc. does reserve the right, at any time, to monitor, review, retain, edit and/or disclose any information as we determine necessary, in our sole discretion, to: (i) satisfy any applicable law, regulation, legal process or governmental request, including court orders, search warrants and subpoenas; (ii) protect and defend our rights and property; (iii) enforce this Agreement; (iv) protect against misuse or unauthorized use of this website; and (v) protect the interests, rights, property or safety of Da Capo Publishing Inc., this website, its members, users, employees or the public.

You are expressly prohibited from using a false e-mail address or other identifying information. You may not engage in any marketing or advertising to any user of this site, or solicit the purchase of any membership, goods, products or services. You may not transmit any spam, junk mail, chain letters or other illegal, unauthorized or harassing transmissions through this site.

Linked Sites

This website may contain links to other websites solely for your convenience. Da Capo Publishing Inc. does not endorse nor make any warranties or representations about any website you may access through a link from the website. You agree and acknowledge that you (and not Da Capo Publishing Inc.) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance upon any information or materials contained in, such linked sites.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL DA CAPO PUBLISHING INC. BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY MEMBERSHIP, PRODUCTS, GOODS OR SERVICES PURCHASED OR ACQUIRED (REGARDLESS OF WHETHER YOU PAID ANY FEE) OR OTHERWISE TRANSMITTED FROM THIS WEBSITE, THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF DA CAPO PUBLISHING INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DA CAPO PUBLISHING INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF ANY MEMBERSHIP, ITEM OR SERVICE ON THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer

DA CAPO PUBLISHING INC. DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT, PERSONAL PROFILE PAGE OR ANY SUBMISSION BY ANY USER OR MEMBER OF THIS SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY SUBMISSIONS OR TRANSMISSIONS YOU MAKE TO OR THROUGH THIS SITE OR TO OR THROUGH ANY OTHER USER OR MEMBER. DA CAPO PUBLISHING INC. IS NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY USER OR MEMBER.

THE MEMBERSHIP, SERVICES, MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KINDS, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DA CAPO PUBLISHING INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DA CAPO PUBLISHING INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DA CAPO PUBLISHING INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE (INCLUDING PERSONAL PROFILE PAGES) REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DA CAPO PUBLISHING INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Your Profile, Photos and Other Submissions

In order to use this site's membership services, you must register and provide this site with your Profile Information and certain other information in order to create and maintain your Personal Profile Page, as further described in this site's Privacy Policy. Your Profile Information is used in accordance with this Privacy Policy.

We encourage you to post your photo(s) as part of your Profile Information. If you upload a photo, it is your "main" photo; if you upload more than one photo, you may indicate which one is the "main" photo. By uploading a main photo, you give us permission to publish that photo on your profile page, on search results pages, in the "New Photos" area of the site, and on the main web site of the newspaper. You also give permission to publish your main photo in the personals section of the printed newspaper and printed advertising. By uploading additional photographs, you give us permission to publish these photos on your Personal Profile Page and in the "New Photos" area of the site and you understand that any user of this site, whether or not such user is a member, may access your Personal Profile Page or the "New Photos" area and view your photographs.

If you contact Da Capo Publishing Inc. with information (other than your Profile Information) including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding this website or any service available on the this website, the content of this website, or design suggestions for current, discontinued or future items (collectively, "Other Information"), you understand that the Other Information is not subject to our Privacy Policy and Da Capo Publishing Inc. shall have no obligation of any kind with respect to the Other Information. In addition, you agree and acknowledge that Da Capo Publishing Inc. shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Other Information to others without limitation, and to authorize others to do the same. Further, Da Capo Publishing Inc. shall be free to use any ideas, concepts, know-how or techniques contained in the Other Information for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Other Information. Da Capo Publishing Inc. shall not be liable or owe any compensation for the use or disclosure of the Other Information.

Usage by Children

This website does not solicit the use of the site or purchase of memberships, services or products offered on the this site by minors. However, we cannot prevent such use or purchase and cannot prevent minors from visiting the website. Parents, guardians and those responsible for supervising minors are solely responsible for any use of the site by such minors.

Jurisdictional Issues

Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. Da Capo Publishing Inc. makes no representation that materials in this website, or the products and services promoted in this website, are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Termination

This Agreement is effective until terminated by either party. You may terminate your membership (whether paid or unpaid) at any time; terminating your membership also terminates this Agreement. You may terminate your membership by clicking on "My Account" and following the appropriate links. In addition, Da Capo Publishing Inc. may terminate your membership (whether paid or unpaid) and this Agreement if your membership (whether paid or unpaid) has been inactive for a period of time, as determined by us. You understand that Da Capo Publishing Inc. may terminate this Agreement and your membership (whether paid or unpaid) without notice, if in Da Capo Publishing Inc.'s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this website(s) and all copies thereof (except for any properly purchased items in your possession), whether made under this Agreement or otherwise. Termination will not affect any rights, obligations or liabilities that arose prior to such termination or that are pursuant to any other agreement between you and Da Capo Publishing Inc.

Changes and Modifications

You may change, modify or edit your Profile Information by following the directions provided on this site for such actions.

Da Capo Publishing Inc. may change, add or delete Content, programs, products, materials, services and the like that are described in this website at any time without notice. Da Capo Publishing Inc. reserves the right to update, modify, revise or otherwise change this Agreement at any time with or without prior notice. Your use of this website at any time after such update, modification, revision or change constitutes your acceptance of such update, modification, revision or change. You are encouraged to review this Agreement periodically.

Refund Policy

Members' satisfaction with our service is very important to us. If you have a concern about your paid membership, you can email us at personals@sevendaysvt.com. We will try our best to resolve your concern to your satisfaction.

Legal

Personal information may be disclosed to legal authorities if we believe in good faith that such action is necessary to comply with the law or to protect the personal safety or property of our users or the public.

Other

This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont, without giving effect to any principles of conflicts of law. Venue and personal jurisdiction shall lie solely in the state and federal courts located in that State. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except as provided herein.



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