DaCapoMusicEXCHANGE TERMS OF USE<BR><BR>


1. ACCEPTANCE OF TERMS<BR>

DaCAPOMusicExchange (also referred to as “service”) provides a classified ads service subject to the following Terms of Use (TOU). By using this service in any way, you are agreeing to comply with all TOU stated in this document. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications, or become dissatisfied with DaCAPOMusicExchange in any way, your only recourse is to immediately discontinue the use of DaCAPOMusicExchange. <BR><BR>

2. MODIFICATIONS TO THIS AGREEMENT<BR>

DaCAPOMusicExchange, at its sole discretion, may choose to change the TOU at anytime. Such modifications shall become effective immediately upon the posting thereof. By using this web site you agreeing to review this agreement on a regular basis to keep yourself apprised of any changes. <BR><BR>

3. PAID POSTINGS<BR>

DaCAPOMusicExchange may charge a fee to post content in some areas of this service for a noted duration. All fees paid will be non-refundable in the event that the content is removed either from the ad ending early or from the ad being removed by DaCAPOMusicExchange.<BR><BR>
4. ASSUMPTION OF RISK<BR>
Anyone using DaCAPOMusicExchange service is willfully doing so at his/her own risk. By using DaCAPOMusicExchange, the user waives any rights or claims he/she may have against DaCAPOMusicExchange. DaCAPOMusicExchange shall not be liable for any damages or losses, financial or otherwise, of any type arising from such use of this web site. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. <BR>
You agree that you are solely responsible for your actions while using DaCAPOMusicExchange, and for any communications to or from you, or arising from the use, directly or indirectly. You agree that you will use all services provided by DaCAPOMusicExchange at your sole responsibility and at your sole risk. You agree that any information or data obtained in any way through the use of DaCAPOMusicExchange, directly or indirectly, is done so at your own responsibility, and at your sole discretion. DaCAPOMusicExchange makes no claim as to the accuracy or reliability of any information obtained using  DaCAPOMusicExchange or how others use DaCAPOMusicExchange. 
DaCAPOMusicExchange is not responsible for resolving any disputes that might arise between any two people placing and/or replying to any ad/s, or third parties involved in any transactions. <BR><BR>


5. CONTENT<BR>
You agree to provide accurate, current and complete information to DaCAPOMusicExchange or any other person you communicate with directly or indirectly when you use any of DaCAPOMusicExchange services. Failure to do so may result in deletion of your ad/s. <BR>

DaCAPOMusicExchange permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media).  <BR>

 You may also create a hyperlink to the home page of DaCAPOMusicExchange sites so long as the link does not portray DaCAPOMusicExchange, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.<BR>

By using this web site you understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from this service, is the sole responsibility of the person from whom such Content originated, not DaCAPOMusicExchange. You are entirely responsible for each individual item that you post, email or otherwise make available via this service. You understand that DaCAPOMusicExchange does not control, and is not responsible for content made available through this service, and that by using the service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. <BR>

By using this service you understand that DaCAPOMusicExchange site and all content available through this service may contain links to other websites, which are completely independent of DaCAPOMusicExchange.  DaCAPOMusicExchange makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other websites is at your own risk. You agree that you must bear all risks associated with the use of any content, and that under no circumstances will DaCAPOMusicExchange be liable in any way for any content, loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via this service. You acknowledge that DaCAPOMusicExchange does not pre-screen or approve content. <BR>

By using this service you agree that DaCAPOMusicExchange has the sole right and discretion to change, revise, modify, alter, suspend, or delete any content at any time, for any reason, without notice to you and without any liability to you or any third party for taking such action.<BR><BR>

6. THIRD PARTY CONTENT, SERVICES and LINKS<BR>

The DaCAPOMusicExchange site and content available through this service may contain links, or provide you with access to third party content which is completely independent of DaCAPOMusicExchange. Your interactions with organizations and/or individuals found on or through DaCAPOMusicExchange, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You agree that DaCAPOMusicExchange shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. <BR>

If there is a dispute between participants on this site, or between users and any third party, you understand and agree that DaCAPOMusicExchange is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release DaCAPOMusicExchange and its officers in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially <BR>affected his settlement with the debtor."  

DaCAPOMusicExchange may provide hyperlinks to third-party web sites as a convenience to users of this web site. DaCAPOMusicExchange does not control third-party web sites and is not responsible for the contents of any linked-to, third party web sites or any hyperlink in a linked-to web site. DaCAPOMusicExchange does not endorse, recommend or approve any third-party web site hyper linked from the web site. DaCAPOMusicExchange will have no liability to any entity for the content or use of the content available through such hyperlink. <BR><BR>

7. CONDUCT<BR>

You agree not to post, email, or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; that violates federal, state, or local laws; that impersonates any person or entity; that includes personal or identifying information about another person without that person's explicit consent; that is false, deceptive, misleading, deceitful, or constitutes "bait and switch"; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; that constitutes or contains any form of advertising or solicitation if posted in areas of the DaCAPOMusicExchange sites which are not designated for such purposes; or emailed to DaCAPOMusicExchange users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

You also agree not to contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; collect personal data about other users for commercial or unlawful purposes; attempt to gain unauthorized access to DaCAPOMusicExchange’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of
the DaCAPOMusicExchange website; or<BR><BR>

8. TERMINATION OF SERVICE<BR>

You agree that DaCAPOMusicExchange, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of this service, immediately and without notice, and remove and discard any Content within the Service, for any reason. You agree that DaCAPOMusicExchange shall not be liable to you or any third-party for any termination of your access to the Service.  You also agree not to attempt to use this service after said termination.<BR><BR>  
9. DISCLAIMER OF WARRANTIES<BR>

YOU AGREE THAT USE OF THE DACAPOMUSICEXCHANGE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE DACAPOMUSICEXCHANGE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, DACAPOMUSICEXCHANGE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DACAPOMUSICEXCHANGE SITE AND THIS SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, DACAPOMUSICEXCHANGE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DACAPOMUSICEXCHANGE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE DACAPOMUSICEXCHANGE SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, DACAPOMUSICEXCHANGE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE DACAPOMUSICEXCHANGE SITE OR THE SERVICE. <BR><BR> 

10. LIMITATIONS OF LIABILITY<BR>

UNDER NO CIRCUMSTANCES SHALL DACAPOMUSICEXCHANGE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DACAPOMUSICEXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE DACAPOMUSICEXCHANGE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE DACAPOMUSICEXCHANGE SITE OR THE SERVICE, FROM INABILITY TO USE THE DACAPOMUSICEXCHANGE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DACAPOMUSICEXCHANGE SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DACAPOMUSICEXCHANGE SITE OR THE SERVICE OR ANY LINKS ON THE DACAPOMUSICEXCHANGE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DACAPOMUSICEXCHANGE SITE OR THE SERVICE OR ANY LINKS ON THE DACAPOMUSICEXCHANGE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED.  IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.<BR><BR>

11. INDEMNITY<BR>

You agree to indemnify and hold DaCAPOMusicExchange, its officers, directors, agents, service providers, etc., harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the service, your use of the service, or your violation of the TOU. You agree that this agreement shall be governed to the fullest extent by, and construed in accordance with, all local, state, national, and international laws. You agree that you will bring any claim or cause of action arising out of your use, directly or indirectly, of the services provided by DaCAPOMusicExchange, or this agreement, to the courts located within the Alameda County, California, United States of America, and you also agree to submit to the jurisdiction of those courts.