Terms of Service

These Terms of Use are a contract between you and the National Association of Music Merchants (“NAMM”). By using this Web Site and any services accessible from this Web Site, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not visit or use this Web Site.

USE OF WEB SITE AND WEB SITE MATERIAL

Except as expressly stated therein, this Web Site is provided for your personal noncommercial use and you may not copy material from this Web Site for commercial use. NAMM reserves the right to restrict your use of this Web Site at any time, which may include terminating your permission to make personal copies of material from this Web Site.

While the administrators and moderators of this Web Site may attempt to remove or edit any generally objectionable material as quickly as possible, it is difficult to review every comment. Therefore, you acknowledge that all posts made to this site express the views and opinions of the author and not the administrators, moderators or webmaster (except for posts by these people) and hence will not be held liable. NAMM is under no obligation to remove or edit any generally objectionable material, and assumes no responsibility or liability arising from any material transmitted or posted using this Web Site.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed). The IP address associated with each post is recorded to aid in enforcing these conditions. You agree that the webmaster, administrator and moderators of this Web Site have the right to remove, edit or move any article at any time should they see fit. As a user you agree to any information you have entered above being stored in a database. This information will not be disclosed to any third party without your consent.

Contest Voting

In connection with any contest conducted by NAMM that allows persons to cast votes for contest participants through this Web Site, you may vote only in accordance with the official rules of the contest, including any limitation on the number of votes an individual may cast. Please read the applicable contest official rules, available on this Website, for all terms, conditions, and limitations that apply to voting in that contest.

Any attempt by any individual to obtain more than the permitted number of votes in a contest by using multiple/different email addresses in excess, identities, registrations and logins, or any other methods will void that individual’s votes and doing so may lead to individual being immediately and permanently banned from use of the Web Site. Use of any automated system to participate is prohibited and will result in disqualification.

Website Registration

NAMM is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations on this Web Site. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Disputes may be sent to Schooljamusa@namm.org. Decisions regarding any and all disputes are at the sole discretion of NAMM and are binding.

Proprietary Rights

These Terms of Use provide only a limited license to access and use the Web Site. Accordingly, you expressly acknowledge and agree that NAMM transfers no ownership or intellectual property interest to or title in the Web Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by NAMM and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, NAMM does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Web Site is Copyright © 2011 National Association of Music Merchants. All rights reserved. NAMM also owns a copyright in the contents of the Web Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Web Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Web Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by NAMM. All names, logos, and icons identifying NAMM and its programs, products, and services are proprietary trademarks of NAMM, and any use of such marks, including, without limitation, as domain names, without the express written permission of NAMM is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

Disclaimer of Warranties

NAMM is committed to keeping this Web Site up-to-date. In spite of our efforts, the information in this Web Site may become out of date over time, and may contain inaccuracies, technical inaccuracies and/or typographical errors, and the information may be changed periodically. Accordingly, NAMM does not guarantee the accuracy and completeness of any information contained in this Web Site. This Web Site and all information and materials contained thereon are provided to you on an “AS IS” basis.

NAMM DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THIS WEB SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREON, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liabilities and Damages

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NAMM HEREBY DISCLAIMS, AND IN NO EVENT SHALL NAMM OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THIS WEB SITE BE LIABLE FOR, ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS RELATED TO THE USE OF THIS WEB SITE OR ANY INFORMATION OR MATERIALS CONTAINED THEREON, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, EVEN IF NAMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, NAMM SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR ELECTRONIC DATA.

Indemnification

You agree to indemnify, save, and hold NAMM and its affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies, affiliates, and subsidiaries, and each such company’s officers, directors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of this Web Site, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you in connection with your use of this Web Site. NAMM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify NAMM, and you agree to cooperate with NAMM’s defense of these claims. NAMM will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Idea Submission / Use of Information

NAMM does not accept unsolicited ideas for marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to NAMM, you agree that the idea becomes and remains the sole and exclusive property of NAMM without further liability or compensation to you. By submitting such idea, you warrant that NAMM may publish such information, use it as part of its operations, and use its concepts without liability or compensation to you.

If you respond to NAMM with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. All such submissions shall be deemed the property of NAMM, and your submission of information shall constitute an assignment to NAMM of all worldwide rights, titles, and interests in such information. NAMM will not be liable for any use or disclosure of such information. NAMM will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. NAMM will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever.

Third Party Sites, Products and Services; Links

For the convenience of visitors to this Web Site, this Web Site may include links or references to other external websites or services (“Reference Sites”). Links to Reference Sites may lead to resources located on servers maintained by third parties over whom NAMM has no control. NAMM is not responsible for third-party content or the consequences of your use of the Reference Sites. NAMM does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. While NAMM attempts to provide links only to third-party websites that comply with all applicable laws and regulations and NAMM standards, please understand that the content on these third-party websites is subject to change without notice. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and we therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party website. NAMM makes no warranties, express, statutory or implied, with respect to the Reference Sites. You acknowledge and agree that NAMM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

NAMM claims no ownership in, nor any affiliation with, any third-party trademarks appearing in this Web Site. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of NAMM should be inferred from the use of these marks.

Applicable Laws

You agree that the laws of the State of Michigan govern any use of this Web Site, without regard to rules relating to conflict of laws, including with regard to any dispute arising out of your use of this Web Site or material from this Web Site. Any controversy or claim arising out of or relating to these Terms of Use or breach hereof, or otherwise relating to this Web Site (with the exception of injunctive relief sought by NAMM for any violation of NAMM’s proprietary rights), shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its then-current rules. The arbitration shall be decided by one (1) arbitrator, who shall be an attorney having experience and familiarity with information technology disputes. The language of the arbitration shall be English. The location of arbitration shall be in the state of Michigan. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, its costs and expenses, including reasonable attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties. Subject to the dispute resolution procedures and requirements set forth above, the courts of the State of Michigan, as well as appropriate federal courts located in the State of Michigan, shall have exclusive jurisdiction over all claims.

Special Considerations for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States or the country in which you reside.

Severed Provisions and Entire Agreement

If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the users of this Web Site and NAMM relating to the subject matter.

Modifications of this Terms of Use; Termination

NAMM reserves the right to modify the Terms of Use at any time upon posting. By continuing to use this Web Site after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them. Please visit this page regularly to review the then-current Terms of Use to which you are bound.

NAMM reserves the right to limit, suspect or terminate your access and use of this Web Site at any time without notice.

Privacy

You confirm that you have read and accept our Privacy Policy.