Terms of Service

 Effective as of August 2020

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN EACH END USER (referenced herein as “you” or “user” or with “your”) AND THE NATIONAL ASSOCIATION OF MUSIC MERCHANTS (referenced herein as “NAMM”) THAT APPLIES EACH TIME YOU USE OR ACCESS, BELIVE IN MUSIC WEEK, OR OTHER NAMM WEB OR MOBILE APPLICATION, SOCIAL MEDIA PAGE(S), WEBSITE, OR ONLINE FORUM OR COMMUNITY, INCLUDING [http://www.namm.org] (referenced collectively herein as the “NAMM Property(ies)”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE CONTAINED IN THIS AGREEMENT (“TOS”) AS THEY GOVERN YOUR USE OF THE NAMM PROPERTY(IES). IF YOU DO NOT AGREE TO THIS TOS, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE NAMM PROPERTY(IES).

  1. LICENSE GRANT. The NAMM Property(ies) is made available by NAMM, and this TOS provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the NAMM Property(ies) conditioned on your continued compliance with this TOS. You may print and download materials and information from the NAMM Property(ies) solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the NAMM Property(ies) or any materials through the NAMM Property(ies) for any commercial or unauthorized purposes. If you wish to make use of the NAMM Property(ies) other than as set out herein, you may contact NAMM using the contact information set forth below.

  1. LICENSE GRANT RESTRICTIONS. This TOS is only a license and not an assignment or sale. NAMM transfers no ownership or intellectual property interest or title in and to the NAMM Property(ies) to you or anyone else. Further, NAMM reserves all rights not expressly granted by this TOS. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the NAMM Property(ies).

  1. USER OBLIGATIONS. By accessing or using the NAMM Property(ies), you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the NAMM Property(ies), including, without limitation, when you provide information via a NAMM Property(ies) registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the NAMM Property(ies) only with the involvement and acceptance of this TOS by a parent or legal guardian. If you are accessing or otherwise using the NAMM Property(ies) on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOS. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the NAMM Property(ies). You also acknowledge and agree that use of the Internet and the NAMM Property(ies) is solely at your own risk.

  1. ACCOUNT. Registration for access to and use of member or program (or event) attendee areas or tools of the NAMM Property(ies) may require access credentials, such as a user name and password, or adherence to other particular access requirements as designated by NAMM in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of NAMM. You shall immediately notify NAMM if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.

  1. ACCEPTABLE USE POLICY. Please see NAMM’s Acceptable Use Policy for the terms and conditions governing use of any discussion forum made available through the NAMM Property(ies).

  1. USER CONTRIBUTIONS. The NAMM Property(ies) provides access to communication and other interactive features and functionality where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “User Contribution(s)”). You agree that by using the NAMM Property(ies) you will not upload, post, display, or transmit any of the following:

  • anything which may damage, lessen, or harm the goodwill or reputation of NAMM and its services;

  • anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others;

  • anything which involves the impersonation of any other person or entity;

  • anything which constitutes junk mail, spam, or unauthorized advertising; or

  • anything which is unlawful.

NAMM reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, NAMM shall not have any obligation to utilize any User Contribution(s).

  1. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to NAMM a perpetual, royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the NAMM Property(ies), and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution(s) available to NAMM, and you also acknowledge that NAMM has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed.

  1. NO PRE-SCREENING OF USER CONTRIBUTIONS. NAMM is not responsible for pre-screening or editing your or any other user’s User Contributions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, NAMM does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by NAMM) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution displayed, uploaded, or distributed by you or any other user. Nevertheless, NAMM reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to User Contributions that NAMM believes in good faith violates this TOS and/or is, or potentially, unlawful or harmful to NAMM, its services, or goodwill. If you violate this TOS, NAMM may, in its sole discretion, delete the unacceptable content from your User Contribution, remove or delete the User Contribution in its entirety, issue you a warning, and/or terminate your use of this NAMM Property(ies).

  1. DMCA TAKEDOWN POLICY. Please see NAMMs DMCA Takedown Policy for a summary of NAMMs policy for responding to notices of alleged copyright infringement claims.] 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 on-line services provided by NAMM may contact NAMM through their authorized agent and request that the infringing material be removed or access to it blocked. NAMM’s designated “Agent for Notice” of claims of copyright infringement can be reached at 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. PROPRIETARY RIGHTS. The NAMM Property(ies) is owned by National Association of Music Merchants. Copyright [1902-2020] © National Association of Music Merchants and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the NAMM Property(ies), unless otherwise indicated, are owned by NAMM and/or its licensors. NAMM, the NAMM logo, and all other names, logos, and icons identifying NAMM and its programs, events, forum(s), solutions, products, and services are proprietary trademarks of NAMM, and any use of such marks without the express written permission of NAMM is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.

  1. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to survey participation, payment, or participation in a program or event. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOS and other notices, terms, and conditions posted to the NAMM Property(ies), NAMM shall resolve any conflict in good faith in our sole discretion, but the latter terms shall generally control with respect to such payment or participation.

  1. FEEDBACK. NAMM welcomes your feedback and suggestions about NAMM’s mission, services, tools, or with respect to how to improve the NAMM Property(ies). By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to NAMM, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royaltyfree license for NAMM to use such Feedback in any manner, for any purpose in furtherance of NAMM’s mission, and in any medium.

  1. PRIVACY POLICY. Please see NAMM’s Privacy Policy for a summary of NAMM’s personally identifiable information collection and use practices. You further agree that any such notices, agreements, disclosures, or other communications that NAMM sends you electronically (using the contact information you provide through the NAMM Property(ies)) will satisfy any legal communication requirements.

  1. LINKS TO OTHER SITES. NAMM may provide links, in its sole discretion, to other third-party websites and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which NAMM exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless NAMM expressly states otherwise.

  1. DISCLAIMER. THE NAMM PROPERTY(IES) IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NAMM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NAMM ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ACCESS TO OUR USE OF ANY THIRD-PARTY CONTENT OR SITES.

  1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE NAMM FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND NAMM’S CONTROL. MOREOVER, IN NO EVENT SHALL NAMM 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 PROPERTY(IES) OR WITH THE DELAY OR INABILITY TO USE THE NAMM PROPERTY(IES), EVEN IF NAMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF NAMM FOR BREACH OF THIS TOS IS CESSATION OF USE OF THE NAMM PROPERTY(IES) AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE NAMM PROPERTY(IES) WHATSOEVER FOR AN AMOUNT NOT EXCEEDING ONE HUNDRED ($100) DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NAMM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. ENFORCING SECURITY. NAMM wishes to keep the NAMM Property(ies) as a safe and productive resource. You therefore may not use the NAMM Property(ies) or any of NAMM’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. NAMM reserves the right to view, monitor, and/or record activity on the NAMM Property(ies) in order to maintain security of the NAMM Property(ies). Such recorded activity is subject to review by law enforcement organizations. NAMM will also comply with all court orders or subpoenas involving requests for information. NAMM reserves the right at any time to suspend or terminate operation of or access to the NAMM Property(ies) or any portion of the NAMM Property(ies).

  1. INJUNCTIVE RELIEF. You agree that NAMM shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that NAMM post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NAMM to enforce any provision of this TOS.

  1. TERM AND TERMINATION. This TOS will take effect (or re-take effect) at the moment you check the box certifying that you have read, understand, and agree to abide by the terms and conditions for the NAMM Property(ies), register, respond through the NAMM Property(ies) to a request for information, and/or begin downloading, accessing, or using the NAMM Property(ies), whichever is earliest. NAMM reserves the right at any time and on reasonable grounds to deny your access to the NAMM Property(ies) or to any portion thereof and this TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOS at any time by ceasing to use the NAMM Property(ies), but all applicable provisions of this TOS will survive termination, as identified below, and each re-access or use of the NAMM Property(ies) will reapply this TOS (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the NAMM Property(ies) in your possession. The provisions concerning NAMM’s proprietary rights, Feedback, disclaimers (of warranty), limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOS for any reason.

  1. GOVERNING LAW. The NAMM Property(ies) is controlled and operated by NAMM from its offices within the United States. This TOS 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]. Any action to enforce this TOS will be brought in the courts presiding in the [State of California], and all parties to this TOS expressly agree to be subject to the jurisdiction of such courts. Access to the NAMM Property(ies) may not be legal by certain persons or in certain countries. If you access the NAMM Property(ies) from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.

  1. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by NAMM of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.

  1. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and NAMM as a result of this TOS or your utilization of the NAMM Property(ies). This TOS represents the entire agreement between you and NAMM with respect to use of the NAMM Property(ies) and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and NAMM with respect to the NAMM Property(ies). You may not assign or transfer any rights under this TOS without the prior written consent of NAMM. Please note that NAMM reserves the right to change the terms and conditions of this TOS by posting a revised TOS or mailing and/or e-mailing notice thereof to you. In addition, NAMM may add, modify, or delete any aspect, program, or feature of the NAMM Property(ies), but NAMM is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the NAMM Property(ies) following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOS. Accordingly, please review this TOS on a periodic basis.

  1. CONTACT INFORMATION. If you have questions regarding the NAMM Property(ies) or if you are interested in obtaining more information concerning NAMM, please contact NAMM at 5790 Armada Drive, Carlsbad, 92008, 760-438-8001, or info@namm.org.