Acceptable Use Policy

Effective as of August 1, 2020

Welcome to namm.org, Believe in Music Week, and other activities constituting an online forum or community ("NAMM Community") maintained by the National Association of Music Merchants (“NAMM”). Comments are welcomed on the NAMM Community. This Acceptable Use Policy (“AUP”) seeks to encourage prudent use of and applies to all end users of the NAMM Community (identified herein with “you” or “user” or with “your”).

  1. RESPONSIBILITY FOR USE. At all times, you agree to conduct your online activities on the NAMM Community in a cordial and friendly manner and in accordance with this AUP and all applicable laws. Any views or opinions expressed by you on the NAMM Community are your personal views or opinions and do not reflect the views or opinions of NAMM. Moreover, no such information available through the NAMM Community should constitute professional or legal advice of any kind.

  1. USER OBLIGATIONS. The NAMM Community is only available to current and active NAMM members or as applicable, NAMM event participants. When you use the NAMM Community, you agree to provide true and accurate information. You also understand and agree that use of the Internet and the NAMM Community is solely your decision and at your own risk. You are responsible for your own use and any “Comments” (as defined below). NAMM is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained or presented on the NAMM Community, or for the consequences of any reliance on such transmission and/or information. You must make your own determination as to these issues.

  1. RIGHT TO USE. The NAMM Community is provided by NAMM as a resource for you and to further the mission(s) of NAMM. Access to and use of the NAMM Community is therefore limited to your personal use and to NAMM’s mission-related communications, promotion, and other activities. You do not have any right to distribute further any information or materials reviewed, displayed, or obtained through the NAMM Community (or any part or content presented on the NAMM Community) without NAMM’s prior written permission.

  1. PROPRIETARY RIGHTS. You have no proprietary interest in the NAMM Community, and this AUP provides only a limited license to use its features. You have no right to identify or suggest an affiliation with or endorsement by NAMM and/or its policies or services. The NAMM Community is Copyright © 2000 - 2020 NAMM [and/or its licensors]. All rights reserved.

  1. ENFORCING SECURITY. NAMM wishes to keep the NAMM Community as a safe and productive resource for all. You therefore may not use the NAMM Community or any of NAMM’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using NAMM data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a NAMM system or network, circumventing any NAMM security or authentication measures, monitoring NAMM data or traffic, interfering with any NAMM services, collecting or using from the NAMM Community email addresses, screen names, or other identifiers, collecting or using from the NAMM Community information, including any “Comment” (as defined below) without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the NAMM Community to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against NAMM or its data, systems, or network. In order to maintain security, you have no reasonable expectation of privacy while using the NAMM Community because NAMM reserves the right to view, monitor, and/or record activity on the NAMM Community and to comply with government or court- appointed authorities when necessary. NAMM also reserves the right at any time when warranted to suspend or terminate operation of or access to the NAMM Community or any portion of the NAMM Community.

  1. COMMENTS. The NAMM Community provides the opportunity to share knowledge and post other helpful or meaningful information. By submitting information of any type (a "Comment") to the NAMM Community or by otherwise using the NAMM Community to transmit or display information, you hereby represent and warrant that you have all rights necessary to transmit and provide a Comment(s), and you automatically grant NAMM the royalty-free right to use your Comments for any lawful purpose. You also acknowledge that your Comments are non-confidential within the NAMM Community, and you represent and warrant that you have all rights and permission necessary to submit, display, or make available any content in your Comment. Moreover, you agree that by using the NAMM Community you will not post or transmit any of the following content, information, or materials on the NAMM Community:

  • anything that constitutes anti-competitive collaboration and/or an antitrust violation(s), including, without limitation, discussion of competitors, grievances about individual firms or persons with the intent of driving business away from the firm or person, allocation of customers, group boycotts, exclusive dealing agreements, markets, terms of sale, specific R&D, sales, or marketing plans, pricing, fees, or rates, price trends, timing of price changes, costs of common inputs, margins, terms of sale, discounts and rebates, advertised prices, promotional programs, inventory levels, production levels, capacities, new projects, and the like;

  • anything that violates contractual or fiduciary rights, duties, or agreements;

  • anything that is bigoted, hateful, or offensive;

  • anything that encourages criminal conduct or that would give rise to civil liability;

  • anything that violates any law or regulation in any jurisdiction;

  • anything that contains vulgar, obscene, profane, or otherwise objectionable language or images;

  • anything that typically would not be considered socially or professionally responsible or appropriate in person;

  • anything that harms minors or is directed as a means to contact or interact with a minor;

  • anything that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of the NAMM;

  • anything that misrepresents your affiliation with any entity and/or the NAMM;

  • anything, which defames, harasses, threatens, or offends;

  • anything that violates or infringes on the rights of others or misappropriates or breaches any confidentiality obligation;

  • anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifiable information of another individual;

  • anything that constitutes a chain letter or pyramid scheme;

  • anything that is false, deceptive, or misleading;

  • anything that constitutes junk mail, spam, or unauthorized advertising or promotional materials;

  • anything that is “off-topic,” irrelevant, or inappropriate for the purposes of the NAMM Community;

  • anything that interferes with or disrupts the NAMM Community; and

  • anything that contains or distributes malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the NAMM Community or NAMM’s data, network, or systems.

 

The user experience is enhanced if you follow these guidelines. Please also use netiquette. Please be succinct and on-topic. Please remember to respect others and their opinions. NAMM encourages open and sincere communication but urges all users to remember that NAMM Community is intended to be a resource for NAMM members.

 

  1. NO PRE-SCREENING OF YOUR COMMENTS. NAMM is not responsible for monitoring or moderating the NAMM Community to the extent NAMM itself does not post or display the information through its authorized channels and processes. NAMM therefore encourages you to use reasonable discretion in using the NAMM Community. NAMM also does not endorse, oppose, or edit any opinion or information provided by you or another person or entity on the NAMM Community. Any views expressed on the NAMM Community do not necessarily reflect the views of NAMM. Nevertheless, NAMM reserves the right at any time to delete, edit, or take other appropriate action with respect to the NAMM Community (or parts thereof), including, without limitation, deleting any Comment or terminating your access or use, in the event that NAMM believes in good faith that your actions or Comments violate this AUP and/or are potentially unlawful or harmful to NAMM and/or other persons or entities.

  1. DMCA TAKEDOWN POLICY. It is NAMM’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). NAMM respects the intellectual property of others. Copyright owners who believe that their intellectual property rights have been infringed through the online services provided by NAMM may contact NAMM through their authorized agent and request that the infringing material be removed or that access to it be blocked. NAMM's designated “Agent for Notice” of claims of copyright infringement can be reached as follows info@namm.org.

Proper notification of copyright infringement must be sent to NAMM’s Agent for Notice (as designated above) and must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NAMM to locate the material;

  • Information reasonably sufficient to permit NAMM to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please place the following label, “Notice of Infringement,” in the subject line of all such communications to NAMM. NAMM will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.

  1. LINKS TO OTHER SITES. If links to other sites on the Internet are provided or made available through the NAMM Community, please note that these sites have not necessarily been reviewed by NAMM and are maintained by third parties over which NAMM exercises no control and for which NAMM will not be responsible. Please also note that these links do not imply an endorsement by NAMM of any other site, product, service, person, cause, campaign, or information.

  1. DISCLAIMER. THE NAMM COMMUNITY IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.

  1. LIMITATION OF LIABILITY. NAMM SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE NAMM COMMUNITY. NAMM’S MAXIMUM LIABILITY FOR ANY REASON SHALL BE LIMITED TO $100.

  1. GOVERNING LAW. This AUP has been made in and will be construed and enforced in accordance with the laws of the [State of California] as applied to agreements entered into and completely performed in the [State of California]. A printed version of this AUP and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.

  1. CHANGES. Please note that NAMM reserves the right to change the NAMM Community and/or its features (although NAMM does not have any obligation to do so) as well as the terms and conditions of this AUP. Your continued use of the NAMM Community following any announced change will mean that you have accepted any change to the NAMM Community and/or to this AUP. Therefore, we encourage you to review this AUP on a periodic basis.

  1. CONTACT INFORMATION. If you have questions regarding this AUP and/or the NAMM Community, including, without limitation, any requests to use any blog entry for other purposes, please contact [enter email address].