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Terms of Use

VINEYARD CONNECTIONS TERMS OF USE

welcome to VINEYARD CONNECTIONS. The following Terms of Use explain the relationship between you anD VINEYARD CONNECTIONS and apply to your use of VINEYARD CONNECTIONS’ WEB SITE AND RELATED SERVICES OFFERED ON THE WEB SITE (COLLECTIVELY, THE “SITE”), WHETHER OR NOT YOU ARE A REGISTERED USER OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE.

1. Use of the Site
Vineyard Connections provides a collection of online resources, including classified ads, forums, and various email services. You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Site. However, as on all Web sites, there are some basic rules that we require, whether or not you are a registered user of the Site or not, so as not to interfere with other users or adversely affect the functioning of the Site.

2. Requirements and Restrictions.
Unless expressly permitted by these Terms of Use (or unless you have the express written permission of Vineyard Connections or the respective copyright owner), you are prohibited from doing any of the following on the Site:

(a) modifying and/or publishing, displaying or reproducing any Content, for use on any Web site other than the Site or;

(b) printing any Content or downloading any Content to any form of media, other than for your personal use.

(c) distributing, sublicensing, transferring, disclosing or otherwise providing access to any Content to any third party;

(d) uploading, posting or transmitting to the Site any information, data, text, software, images, media files, messages, or other Content that are unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, libelous, or that may invade another's right of privacy or publicity;

(e) uploading, posting or transmitting any Content which are the intellectual property of any other person or entity without their prior and explicit written permission or to which you otherwise do not have the necessary rights to reproduce, display, distribute and transmit under any law or under contractual relationships;

(f) uploading, posting or transmitting Content which are in any way illegal or which advocate illegal activity;

(g) uploading, posting or transmitting any advertisements or solicitations of funds, goods, or services (including, but not limited to, sweepstakes, contests or pyramid schemes);

(h) uploading, posting or transmitting any Content which contain a virus or corrupted data or which otherwise burden or interfere with the operation of the Site;

(i) transmitting chain letters or junk mail to other users;

(j) reverse-engineering, decompiling, disassembling or creating derivative works from any Content;

(k) impersonating any other person or acting in any other kind of misleading or deceptive manner;

(l) contacting anyone who has asked not to be contacted;

(m) posting the same item or service in more than one classified category or forum;

(n) collecting or storing user names, email addresses or any other information about any user;

(o) evaluating the Site (or the products or services offered on the Site) for the purpose of competing with Vineyard Connections or

(p) violating any applicable local, state, national or international law, statute or regulation, including advertising any illegal service or the sale of any items which is prohibited or restricted by any law or regulation.

3. Ownership of Site and Content.
The Site is protected by copyright as a collective work pursuant to United States copyright laws. You agree that the Site and the Content constitute proprietary intellectual property of Vineyard Connections or its licensors and that all right, title and interest in and to the Site and the Content, including all intellectual property rights embodied therein, shall at all times remain vested in Vineyard Connections or its licensors. You may not remove or modify any copyright and other proprietary notices included on the Site or with any Content. Other than the express rights granted to you in these Terms of Use, no rights or licenses are granted to you. You represent and warrant to Vineyard Connections that (a) you own the Content or other materials which you post or otherwise make available to the Site, or otherwise have all necessary rights to do so, and (b) you are in no way violating or infringing upon the intellectual property rights or other rights of others. Upon our request, you agree to provide evidence of all required permissions from the applicable intellectual property owners. Furthermore, you agree to pay all license fees, royalties or any other amounts which may be owed to any person in connection with any Content which you post on the Site.

4. Content and Forums.
Vineyard Connections hopes users of the Site will actively participate in growing this community and the Site by exchanging information, content and ideas with fellow users. You acknowledge that forums are public and that other users of the Site will have access to information you provide about yourself in forums, messages or other areas on the Site, so consider carefully before sharing any personally identifiable information on the Site. In addition, remember that, as with all Web sites, it is impossible to verify another person’s identity, and users may, in fact, be younger or older than they make themselves appear to be on the Site.
That being said, all Content, messages and comments from users must be consistent with the values and goals of the Site and must comply with these Terms of Use. You acknowledge that Vineyard Connections cannot prevent users from placing prohibited or inappropriate Content on the Site. In addition, Vineyard Connections does not monitor every communication or review all Content posted on the Site. If at any point Vineyard Connections does choose to monitor the Site, in no event will Vineyard Connections have any liability or responsibility for modifying or removing any Content or for failing to modify or remove any Content. Under no circumstances will Vineyard Connections have any liability or responsibility for the conduct of any user on the Site. Vineyard Connections reserves the right to reject or remove any Content, messages or other materials from the Site without notice to the contributor, for any reason or no reason, and Vineyard Connections shall have no liability whatsoever in exercising this right. This includes the right to suspend a user’s ability to utilize the Site’s internal messaging system, to suspend classes being conducted on the Site, or otherwise to restrict or terminate a user’s access to the Site. By uploading, posting, transmitting any Content on, to or through the Site, you hereby grant to Vineyard Connections a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, fully-paid and royalty-free license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute, works from such Content. Users acknowledge that their Content may be used freely by and among other users. If you become aware of any improper activities by a user (for example, the posting of any inappropriate or prohibited materials) if you believe that any materials on the Site violate your or someone else’s copyright, please notify us at info@vineyardconnections.com.

5. Privacy Policy
Because the privacy of your personal information is very important to us, Vineyard Connections has established a Privacy Policy which describes how we will treat any personal information which you may provide to us. By accepting these Terms of Use, you acknowledge that you have read and understood Vineyard Connections Privacy Policy. We reserve the right to modify the Privacy Policy from time to time without notice. Please review the Privacy Policy from time to time so that you will be apprised of any changes.

6. Subscription
Vineyard Connections charges an annual subscription fee which allows the user to post
to all categories. Our pricing and payment terms may change from time to time at our sole
discretion. All fees paid will be non-refundable in the event that Content is removed from the Site
for violating these Terms of Use.
7. Paid Postings
We may charge a fee to post Content in some areas of the Site. The fee is an access fee permitting
Content to be posted in a designated area. Our pricing and payment terms may change from time
to time at our sole discretion. Each party posting Content to the Service is responsible for said Content
and compliance with these Terms of Use. All fees paid will be non-refundable in the event that Content
is removed from the Site for violating these Terms of Use.

8. Accounts and Security
A login ID and password will be required for you to post Content. You are solely responsible for protecting the confidentiality and security of your login ID and password. Please contact us promptly in the event of any known or suspected loss, theft or unauthorized disclosure of your login ID, password or any other personal information.

9. No Endorsement
The information, advice, facts, opinions and other content appearing on the Site which have been posted, uploaded or distributed by any users or other third parties are those of the respective authors and do not reflect the views of Vineyard Connections Vineyard Connections assumes no responsibility or liability for these materials.

10. Links to Other Web Sites
The Site contains links to third-party Web sites and other resources. Vineyard Connections assumes no responsibility or liability for the availability or content of these outside sites and resources, including any products or services which may be available from such sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or webmaster.

11. Compliance with Laws
You agree to comply with all applicable U.S. and international laws, statutes, ordinances and regulations, including those relating to the Internet, data, email and privacy.

12. Changes to these Terms of Use
We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes. Your continued use of the Site following any change shall be deemed to be acceptance of any such change. If you do not agree to any modification of these Terms of Use, you must immediately stop accessing or using the Site.

13. Modifications to the Site
Vineyard Connections reserves the right at any time to modify or suspend access to the Site (whether on a temporary or permanent basis) with or without notice. Vineyard Connections will not have any liability associated with exercising this right.

14. User Disputes
You are responsible for your interactions with other users of the Site. Vineyard Connections has the option (but not the obligation) to participate in the resolution of such disputes. Vineyard Connections is not responsible for the conduct or activities of any user of the Site.

15. Parental Supervision
Anyone can view and respond to postings on Vineyard Connections. However, registered members of Vineyard Connections (those who can post Content) must be 18 years or older. As Vineyard Connections cannot monitor the viewing and responses to Content, we recommend that a parent or guardian supervise the activities of any user under the age of 18. In addition, remember that, as with all websites, it is impossible to verify another person’s indentity, and users may, in fact, be younger or older that they make themselves appear on the Site.

16. Termination
These Terms of Use are effective as of the date that you first access or use the Site and shall remain in full force and effect for as long as you are permitted access to the Site. Your access to the Site may be suspended or terminated by Vineyard Connections at any time with immediate effect in the event of late payment or non-payment, or for any violation of these Terms of Use or any other terms or conditions applicable to the Site. Upon suspension or termination for any reason, Vineyard Connections shall be entitled to collect all accrued charges incurred by you or otherwise to recover any amounts due Vineyard Connections.. The applicable sections of these Terms of Use shall survive termination, including but not limited to, those concerning intellectual property rights, disclaimers of warranty, and limitations and exclusions of liability.

17. Force Majeure
Neither party shall be responsible for any failure to perform its obligations under these Terms of Use (other than obligations to pay money) caused by an event beyond its reasonable control, including but not limited to, wars, riots, labor strikes, natural disasters, the infrastructure of the Internet (including acts or omissions of service providers), technical problems or malfunctions with networks, telephone lines, computer systems, or software, or any law, regulation, ordinance or other act or order of any court, government or governmental agency.

18. Disclaimer of Warranty
VINEYARD CONNECTIONS (and its third-party providers) is providing the site and all content on an “as-is, as-available” basis and makes NO warranties, representations or endorsements whatsoever (including, without limitation, THE IMPLIED warranties of merchantability, fitness for a particular purpose, title or noninfringement) with respect to (1) the SITE, (2) any CONTENT, DATA, MATERIALS, products, merchandise, software, information OR SERVICES provided BY OR through the SITE or the internet generally, OR (3) the accuracy OF or results obtained from the use of any such CONTENT, DATA, MATERIALS, products, merchandise, software, information OR SERVICES. VINEYARD CONNECTIONS DISCLAIMS ANY WARRANTY THAT ANY INFORMATION AVAILABLE ON THE SITE IS FREE FROM DEFECT, ERROR, OMISSION, VIRUS OR ANYTHING WHICH MAY CHANGE, ERASE, ADD TO OR DAMAGE YOUR SOFTWARE, DATA OR EQUIPMENT. YOU ACKNOWLEDGE THAT ANY DOWNLOADING OF MATERIAL FROM THE SITE IS DONE AT YOUR OWN RISK.

19. Limitation of Liability
In no event shall VINEYARD CONNECTIONS (or any of its third-party providers) have any liability for any special, incidental, consequential, EXEMPLARY, PUNITIVE or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the site or the content (INCLUDING, BUT NOT LIMITED TO, ANY INACCURACIES, ERRORS OR OMISSIONS ON THE SITE OR IN THE CONTENT), or any products, merchandise, software, information OR SERVICES provided on or downloaded from the site or accessed on the Internet from the site, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought (including, but not limited to, breach of contract, negligence or other tort). VINEYARD CONNECTION’S aggregate liability for monetary damages shall in no event exceed $100.00. Because some states do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, the above exclusions and limitations may not apply to you. In such states, Vineyard Connections liability is limited to the greatest extent permitted by law.

20. Indemnification
You agree to indemnify and defend Vineyard Connections from and against all claims, losses, expenses, damages, liabilities, expenses and costs, including reasonable attorneys' fees (collectively, “Losses”), resulting from (a) any violation of these Terms of Use, (b) any violation of the rights of a third party, you’re your Items or Content, or (d) any use of the Site or Content. Vineyard Connections reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement which affects the rights or obligations of Vineyard Connections may be made without Vineyard Connection’s prior written approval.

21. Feedback
We welcome your questions, feedback and comments on the Site. Please direct all feedback
to feedback@vineyardconnections.com . If you do provide us with feedback or suggestions or
otherwise contribute content or materials to our Site, you understand that Vineyard Connections
may use such information to improve, promote and publicize our service without compensation.
22.  Miscellaneous
Vineyard Connections may provide notices under these Terms of Use via email or by displaying a notice
(or a link to a notice) on the Site. Vineyard Connection’s failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver of any provision or right. These
Terms of Use, the relationship between a user and Vineyard Connections resulting from these Terms of Use,
and the resolution of any dispute arising out of that relationship shall all be governed and construed in
accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of laws.
Users agree that any legal action or proceeding between a user and Vineyard Connections, for any purpose
concerning this Agreement or any obligations hereunder, shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in Massachusetts. For disputes involving an amount less than $10,000,
the parties agree to resolve the dispute through binding arbitration to be held in Boston, Massachusetts under
the rules of the American Arbitration Association. Any claim arising out of these Terms of Use or the Site must
be brought within one (1) year of the date on which the claim arose.
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