• North American Music Teachers Association Terms of Use

    This Agreement was last revised on January 15, 2009.

    Welcome to namta-music.com, the website and online service of the North American Teachers Association, LLC (“NAMTA” “we,” or “us”). This page explains the terms by which you may use our service. By accessing or using the NAMTA services, website and software provided through or in connection with the service (“Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service.

    We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

    1.Use of Our Service

    NAMTA provides a place for music students to locate music teachers and schools offering in their community. You do not have to register in order to visit NAMTA. To join NAMTA as a teacher or school (“Member”) and share your profile with users on namta-music.com, you will need to agree to this Agreement and the Member Terms, register with NAMTA, and set up your online profile. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

    You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NAMTA immediately of any breach of security or unauthorized use of your account. Although NAMTA will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of NAMTA or others due to such unauthorized use.

    After creation of a Member account, you may control certain aspects of how you interact with the Service by changing the settings in your profile page. By providing NAMTA your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

    Subject to the terms and conditions of this agreement, NAMTA grants you permission to use the Service for your personal purposes only. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the NAMTA servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service, other than in the normal course of using the Service to locate music teachers and schools; (viii) using the Service for any commercial solicitation purposes other than offering music teaching services; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; or, (xi) bypassing the measures we may use to prevent or restrict access to the Service. NAMTA may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in NAMTA’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

    All aspects of the Service are subject to change or elimination at NAMTA’s sole discretion. NAMTA reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that NAMTA will not be liable to you for any interruption of the Service, delay or failure to perform.

    You are solely responsible for your interactions with other NAMTA Users. We reserve the right, but have no obligation, to monitor disputes on the Service between you and other Users. NAMTA shall have no liability for your interactions with other Users, online or offline, or for any User’s action or inaction. Without limiting the foregoing, we recommend that potential students interview any potential teacher before engaging the teacher for lessons.

    2.User Content

    Some areas of the Service may allow Users to post profile material, feedback, ratings, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

    You agree to not post User Content that: (i) may cause harm, loss, physical or mental injury, disability, death, emotional distress, disfigurement to you, to any other person, risk to property, or to any animal; (ii) harms or exploits children by exposing them to inappropriate content, or asking for personally identifiable details; (iii) may contribute to or constitute a crime or tort; (iv) contains content that we deem to be unlawful, defamatory, harmful, infringing, abusive, racially or ethnically offensive, harassing, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise),profane, libelous, threatening, or otherwise objectionable; (vi) contains information that is illegal (including the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (or viii) contains content that you know is not correct nor current. You agree that any User Content you post does not violate third-party rights of any kind, including any Intellectual Property Rights (as defined below), rights of publicity and privacy. NAMTA reserves the right, but is not obligated, to reject and/or remove any User Content that NAMTA believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

    For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. NAMTA takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. NAMTA is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that NAMTA shall not be liable for any damages you allege to incur as a result of such User Content.

    3.License Grant

    By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to NAMTA a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

    Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. NAMTA reserves all rights not expressly granted herein in the Service and the NAMTA Content (as defined below). NAMTA may terminate this license at any time for any reason or no reason.

    4.Our Proprietary Rights

    Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “NAMTA Content”), and all Intellectual Property Rights related thereto, are the exclusive property of NAMTA and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the NAMTA Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

    You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place NAMTA under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, NAMTA does not waive any rights to use similar or related ideas previously known to NAMTA, or developed by its employees, or obtained from sources other than you.

    5.Eligibility

    This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

    6.Privacy

    We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

    7.Security

    We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

    8.DMCA Notice

    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify NAMTA’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

    1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

    2. Identification of the copyrighted work that you claim has been infringed;

    3. Identification of the material that is claimed to be infringing and where it is located on the Service;

    4. Information reasonably sufficient to permit NAMTA to contact you, such as your address, telephone number, and, e-mail address;

    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

    6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

    The above information must be submitted to the following DMCA Agent:

    Attn: DMCA Notice NAMTA, LLC.

    Email: Contact Us Page

    UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

    Please note that this procedure is exclusively for notifying NAMTA and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with NAMTA’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

    In accordance with the DMCA and other applicable law, NAMTA has adopted a policy of terminating, in appropriate circumstances and at NAMTA’s sole discretion, members who are deemed to be repeat infringers. NAMTA may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    9.Additional Representations and Warranties

    You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

    a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

    b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

    c. Your User Content and NAMTA’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity. d. NAMTA may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

    10.Third-Party Websites, Advertisers or Services

    NAMTA may contain links to third-party websites, advertisers, or services that are not owned or controlled by NAMTA. NAMTA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from NAMTA, you do so at your own risk, and you understand that this Agreement and NAMTA’s Privacy Policy do not apply to your use of such sites. You expressly relieve NAMTA from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on NAMTA, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that NAMTA shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

    We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

    11.Indemnity

    You agree to defend, indemnify and hold harmless NAMTA and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

    12.No Warranty

    THE SERVICE IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS. USERS USE THIS SERVICE AT THEIR OWN RISK. THE SERVICE HAS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NAMTA DOES NOT WARRANT THAT THE CONTENT IS ACCURATE OR RELIABLE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR LOCATION OR TIME; OR THAT THE SERVICE IS FREE OF HARMFUL COMPONENTS SUCH AS VIRUSES. ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PORTABLE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

    NAMTA DOES NOT ENDORSE, GUARANTEE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE NAMTA SERVICE; BE IT BY USERS, THIRD PARTIES, OR ANY HYPERLINKED WEBSITE OR SERVICE, NAMTA WILL IN NO WAY MONITOR OR BE A PARTY TO TRANSACTIONS BETWEEN YOU AND OTHER USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

     

    13.Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAMTA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIA,L INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR USE, GOODWILL, LOSS OF PROFITS, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF THIS SERVICE. HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAMTA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) INACCURACIES, MISTAKES, OR ERRORS OF CONTENT; (II) PROPERTY DAMAGE OR PERSONAL INJURY, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICE; (III) UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION FROM THE SERVICE; (V) ANY TROJAN HORSES, VIRUSES, BUGS, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY OMISSIONS OR ERRORS IN CONTENT OR FOR LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE OFFENSIVE, ILLEGAL, OR DEFAMATORY CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NAMTA, BE LIABLE TO YOU FOR ANY LIABILITIES, PROCEEDINGS, CLAIMS, DAMAGES, OBLIGATIONS, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NAMTA HEREUNDER.

    THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    The Service is operated and controlled from facilities in the United States. NAMTA makes no claims that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

    14.Assignment

    This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NAMTA without restriction.

    15.General

    A. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over NAMTA, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and NAMTA that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California, unless submitted to arbitration as set forth in the following paragraph.

    B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    C. Notification Procedures. NAMTA may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by NAMTA in our sole discretion. NAMTA reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

    D. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by NAMTA via the Service (including, if applicable, the Member Terms), shall constitute the entire agreement between you and NAMTA concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

    E. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NAMTA’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

    Please contact us with any questions regarding this Agreement.

    Additional Member Terms

    These Member Terms were last revised on January 13, 2009.

    The terms in this document (“Member Terms”) supplement the NAMTA Terms of use, which is hereby incorporated by reference. These Member Terms, along with the Terms of Use (together the “Agreement”), govern your use of your Member account on the Service(Membership). Capitalized terms have the meaning given them in the Terms of Use.

    1. Member Accounts

    By registering as a NAMTA Member, you agree to these Member Terms and the NAMTA Terms of Use and become a NAMTA Member. If you open a Member account on behalf of a company, organization, or other entity, then (a) “you” in the Agreement includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement, and that you agree to the Agreement on the entity’s behalf.

    2. Membership Fees

    A Billing Policies. You agree to the fees and charges, pricing, payment and billing policies applicable to the Membership you select, posted or linked at http://www.namta-music.com. NAMTA may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion, provided that annual fees shall not rise until your next annual renewal date.

    B Automatic Renewals; Cancellation. Your NAMTA Membership will automatically renew on each yearly anniversary of the date you joined. Upon renewal, we will charge the then applicable Member fee to the payment method we have on file for your account. You are solely responsible for maintaining accurate and current payment information and contact information for your Member account, and for canceling your membership if you do not wish to renew. You may cancel your Membership by logging into your member profile and canceling the automatic renewal feature.

    C No Refunds. You may cancel your NAMTA Membership at any time; however, there are no refunds for cancellation. As permitted under the terms of this Agreement, NAMTA has the right at any time for any reason or no reason to suspend or terminate your Member account, terminate the Agreement, and/or refuse any and all current or future use of the Service without notice, refund, obligation, or liability to you. In the event that NAMTA suspends or terminates your Member account or the Agreement, you understand and agree that you shall receive no refund or exchange. You acknowledge that NAMTA has the perpetual and irrevocable right to delete any or all of your content and data from NAMTA’s servers and from the NAMTA Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.

    3. Member Profiles and Levels.

    If NAMTA provides you with a NAMTA logo or emblem (“Logo”) and written consent, you are granted the nonexclusive, worldwide right and license to publicly display the Logo in connection with your music teaching activities. You may not (and may not permit any third party to) alter the Logo or its computer code in any way or merge the Logo with other logos or trademarks. If your membership expires or is suspended or terminated, or if NAMTA requires you to remove the Logo and stop using it for any reason, you will immediately do so.

    4. Displaying the NAMTA Logo

    You may create a Member profile by click on the “Join Now” button. When you register as a Member or any time thereafter, you may select from Membership plans that allow you to pick additional instruments or locations to add to your search profile. Additional fees may apply to changes in your Membership plan. It is strictly prohibited to (a) register for more than one location within the same zip code, or (b) create more than one profile per Member account. You may provide a link to your website (the “Destination Site”) from your Member profile as permitted by the Service. You represent and warrant that the Destination Site is primarily for the purpose of informing the public about your music teaching services and complies with all the rules applicable to User Content under the Agreement. NAMTA reserves the right to remove any broken links or links that do not comply with the Agreement from your Member profile, and shall have no liability to you for any such removal.