Terms of Use - Amateur Music Network

TERMS OF USE: Your Relationship with Amateur Music Network (AMN)

By using our Platform, you are agreeing to our Terms of Use. That is a legally binding agreement between you and AMN.

We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.

We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.

This Terms of Use binds you, the “User,” or the entity you represent (“you” or “your”) to the terms and conditions set forth herein when you use or access the Website. By using the Amateur Music Network website (www.amateurnetwork.org, also known as AMN or the “Platform” or “Service”), you agree to abide by all of the terms and conditions of this agreement between you and AMN. If you object to anything in this Agreement, do not use our Service.

AMN may change, add, or remove portions of this agreement at any time, and will post such changes on the service. It is your responsibility to review this agreement prior to each use of the site and by continuing to use this site, you agree to any changes.

Eligibility: Who can use the Amateur Music Network website; charges and billing

Registration in or use of our Services is void where prohibited. By using our Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian. If you use our Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. By using our Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

You may use some of our Services at no direct cost. However, in order to access additional features and Services, including the ability to create listings or contact other registered Users, you must become a registered User. To become a User, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete throughout your use of the Services. A User may not have more than one active user account. We reserve the right to suspend or terminate your user account and your access to our Services for any reason.

How the website works: listing information is submitted by users and we do not verify each listing

Acceptance of all Listings is at our sole discretion and we may remove Listings from our Services at any time for any reason. Any Listing you post must contain accurate, current and complete information.

We assume no responsibility for evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information contained within the Listings or of any information posted or provided by a User. We are not responsible for the conduct, whether online or offline, of any User of our Services. Under no circumstances will we or any of our employees, officers, agents, advertisers or affiliates be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or our Services, any content posted on the Website or transmitted to Users, or any interactions between Users of our Services, whether online or offline. We cannot guarantee and do not promise any specific results from use of our Services.

Our Services may give you access to links to third-party websites (“Third Party Sites”), either directly or through Providers. We not endorse any of these Third Party Sites and do not control them in any manner, and we do not assume any liability associated with Third Party Sites.

We cannot guarantee that each User is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of our Services by persons under the age of majority in violation of this Agreement. Also, it is possible that other Users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials using our Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of our Services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose using our Services. Please carefully select the type of information that you post on the Website or release to others using our Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users), whether such acts or omissions occur during the use of the website or in interactions with other individuals or entities you may meet through our website or services.

Our website content, including user-submitted content is provided “as is,” without any warranties of any kind and, to the fullest extent permissible under law, we hereby disclaim all such warranties, express or implied, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

Code of Conduct: please respect our site and its users

While using our Services you agree not to

Restrict or inhibit any other visitor or User from using our Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of our Services;
Use our Services for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content, language, imagery, or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or our Services;
Remove any copyright, trademark, or other proprietary rights notices contained on the Website or applied to our Services;
“Frame” or “mirror” any part of the Website or our Services without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Harvest or collect information about Website visitors or Users without their express consent;
Create more than one profile without our express written consent;
Permit anyone else whose account or subscription was terminated, or who is not a Registered User, to use our Services through your subscription, username or password;
Engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
Transfer your account or user ID to another party without our consent; or
Engage in any communication related to sexual conduct, nudity, or which expresses profanity.

Annual Subscription

Users who wish to browse Listings on the Platform do not need to register.

Users who wish to contact other users (teachers or connections) must register, but do not need a paid plan subscription.

Users who wish to create Listings must subscribe to a plan. Plans are billed annually and there are no refunds of subscription fees. Plans may be canceled at any time, but any unused subscription term is not refunded, and re-subscription will be at the full annual rate.

Termination: either you or AMN may terminate your account

Use of our Services is only with our permission, which may be revoked at any time, for any reason, in our sole discretion. Illegal and/or unauthorized uses of our Services may be referred for criminal prosecution.

You may terminate your account with us at any time by following the cancellation instructions on the website. AMN may, in its sole discretion, terminate or suspend your access to all or part of the service for any reason, including, without limitation, breach or assignment of this agreement.

If we terminate your account because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account.

Account Security: protect your login credentials

You are responsible for maintaining the confidentiality of your username and password. You shall not disclose your password to any unauthorized third party and will take sole responsibility for any activities or actions under your AMN Account, whether or not you have authorized such activities or actions.

Your Interactions with Other Users and Our Limitation of Liability: AMN is not a party to any offline arrangements made between Users of our Platform.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF AMATEUR MUSIC NETWORK. YOU UNDERSTAND THAT WE DO NOT PERFORM BACKGROUND CHECKS ON ANY USERS (INCLUDING TEACHERS). WE DO NOT ATTEMPT TO VERIFY THE QUALIFICATION OR STATEMENTS OF REGISTERED USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS.

NO USER IS OBLIGATED TO MEET OFFLINE WITH ANY OTHER USER. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF OUR SERVICES. YOU UNDERSTAND THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE EXPERIENCE WITH INDIVIDUALS YOU MEET THROUGH OUR SERVICES. YOU DO SO AT YOUR OWN RISK AND AT YOUR OWN PERIL.

IN NO EVENT SHALL AMATEUR MUSIC NETWORK AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSIONS OF YOU, AMATEUR MUSIC NETWORK AND/OR ITS OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, OUR THIRD PARTY INVESTIGATIVE SERVICE, ANY USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF OUR SERVICES OR PERSONS YOU MEET THROUGH OUR SERVICES, OR OTHERWISE.

Content Protected by Copyright

The content of the AMN website is protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content or the service (including software) in whole or in part.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or used in any of our Services in a way that constitutes copyright infringement, please contact us immediately at info@amateurmusic.org.

U.S. Export Controls

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Content Posted by You

As a Registered User, you may be able to post content, including uploading videos and photos and providing reviews of Listings. You are solely responsible for the content that you publish or display (hereinafter, “post”) using our Services, or transmit or display to other Users. You will not post on the Website or Service, or transmit or display to other Users, any defamatory, inaccurate, false, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). By posting Content using our Services, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by us will not infringe or violate the rights of any third party.

Links

Our Website and User Listings contain links to other related World Wide Web Internet sites, resources, and sponsors of Amateur Music Network. AMN is not responsible for the availability of these outside resources, or their content, and you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

Modification to Services

We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. Notification of changes to our Services may be posted through our Services.

Privacy and Communications

Use of our Services is also governed by our Privacy Policy. When you become a Registered User, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to our Services, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. AMN may also contact you via e-mail regarding your participation in user surveys, asking for feedback on the Website and existing or prospective products and services. This information will be used to improve our Website and Services, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form. Please see our Privacy Policy for more information regarding these communications.

Arbitration

You and AMN agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Use, your use of or access to our Services, or any products or services sold or purchased through our Services, will be resolved through final and binding arbitration, rather than in court.

This agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in San Francisco County, California.