Terms and Conditions of Use
Welcome! The National Museum of African American Music (“NMAAM”) provides websites and other Internet and mobile-based sites and services for access and use by the public, including without limitation the nmaam.org website and related microsites, subdomains, and services such as RSS feeds and mobile applications and mobile websites (all such websites and services, collectively, are referred to herein as the “Site”), in support of NMAAM’s mission to educate the world, preserve the legacy and celebrate the contributions of African Americans and the role they play in creating and shaping the soundtrack of American life.
2. Site Use and Acceptance of Terms and Conditions of Use:
A. By accessing the Site, including by installing, downloading or otherwise using any NMAAM application, you acknowledge that you have read, understand, and agree to and accept without limitation or qualification this document, the Terms and Conditions of Use. In addition, you acknowledge that you have read, understand, and agree to and accept without limitation or qualification the terms and conditions of any other policies and guidelines documents posted on the Site (including, without limitation, any privacy policies), which documents are incorporated herein by this reference. If you do not agree with any aspects of the Terms and Conditions of Use, you may not use the Site. By using the Site in any manner, you represent and warrant that your use will be consistent with the Terms and Conditions of Use. You agree to indemnify, defend, and hold NMAAM and its officers, agents, employees, affiliates, and representatives harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to User Content (as defined below) or your use of the Site.
B. You acknowledge and agree that you are 18 years-old or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and Conditions of Use. (In any event, you acknowledge and agree that you are over 13 years-old, as the Site is not intended for those under 13. If you are under 13 years-old, do not use the Site.) You further acknowledge and agree that you will use the Site in compliance with all applicable laws and regulations. If you are acting on behalf of an entity (such as an employer) in your use of the Site, you represent and warrant that you have the authorized legal power to so use the Site and bind that entity to the Terms and Conditions of Use. NMAAM offers the Site from its facilities in the United States and makes no representations or guarantees that the Site is available for use elsewhere. Users who attempt to use the Site from elsewhere do so at their own risk and responsibility (in terms of, among other things, complying with applicable local laws).
C. Capitalized terms used in the Terms and Conditions of Use and not specifically defined herein will have the meaning ascribed to them in any other policies and guidelines documents posted on the Site (including, without limitation, any privacy policies), which documents are incorporated herein by this reference.
3. Modifications to Terms and Conditions of Use and Site:
A. NMAAM reserves the right to modify, at any time and in its sole discretion without notice or liability to you, the Terms and Conditions of Use and any policies affecting the Site, which shall be effective as of the posting of such modifications on the Site. Your continued use of the Site following the effective date of any modifications to the Terms and Conditions of Use shall be conclusively deemed your acceptance of all such modifications and your agreement to be bound by them. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms and Conditions of Use and to review such changes. If you object to any provision of the Terms and Conditions of Use or any subsequent modifications thereof, your exclusive recourse is to immediately terminate use of the Site.
B. NMAAM reserves the right to modify any elements of the Site and to suspend or cease operation of the Site, at any time and in its sole discretion without notice or liability to you.
5. Links To or From Third Party Websites:
Third-party websites may be linked to or from the Site, which websites are not owned, controlled, or monitored by NMAAM and are provided as a mere convenience for you. NMAAM assumes no liability whatsoever for any operation and privacy policies of or content contained on such third-party websites. By using the Site, you expressly relieve NMAAM from any and all liability arising from your use of any third-party websites. Furthermore, NMAAM does not warrant, endorse, or assume any responsibility for any third-party products or services which may be advertised on the Site or linked websites. NMAAM reserves the right to have you or any other user remove a link to the Site upon its request.
6. Intellectual Property/Proprietary Rights:
A Copyrights: The text, images, artworks, photographs, graphics, illustrations, files, data, audio files and clips, video files and clips, software, documentation and other information and content embodied or appearing in or on the Site, including their selection and arrangement along with the “look and feel” of the Site (in whole or in part, collectively, the “Content”) are proprietary to NMAAM or its licensors, or are otherwise used with third-party permissions. NMAAM holds all rights in and to the Content, including without limitation the copyright therein, or other proprietary rights may be held by entities other than (or in addition to) NMAAM. You may not reproduce, distribute, transmit, display, perform, modify, adapt, create derivate works of, or otherwise use the Content without the prior written permission of NMAAM or applicable other parties except for the specific purposes set forth in the Terms and Conditions of Use.
B. Trademarks: Many of the names, titles, logos, trademarks, and service marks (collectively, the “Trademarks”) displayed on the Site, including without limitation the “National Museum of African American Music” and its design marks, are registered and/or unregistered marks of NMAAM. Trademarks of third parties may also be displayed on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademark displayed on the Site without the written permission of NMAAM or any third-party owner of same. Any unauthorized use or misuse by you of the Trademarks (including, without limitation, misuse by alteration of the Trademarks) is prohibited.
7. Authorized Limited Uses of Content:
The Content is made available for limited non-commercial, educational, and personal use only, or for “fair use” or teachers’ use as expressly set forth in the U.S. Copyright Act at Title 17 U.S.C. §107 (“Fair Use”) and Title 17 U.S.C. §110 (the “Teach Act”), or other applicable legislative exemptions expressly set forth in the U.S. Copyright Act – subject to any terms or restrictions which may be applicable to the individual file or program of any Content. Your use of the Content is solely at your own risk. Without limiting the generality of the foregoing, you are solely responsible for obtaining any permissions regarding your use of the Content (inclusive of third-party rights), for violating NMAAM’s or any other party’s proprietary rights, and for handling any claims that may arise from your use of the Content. Nothing contained herein grants or may be construed to grant, expressly or implicitly, any rights to third-party materials for your use. If you use any Content in accordance herewith, you must cite the author and source of the Content (including the Site URL). Furthermore, you may not remove any copyright, trademark, or other proprietary notices, or any attributions or credits that have been placed on or near the Content by NMAAM or another party, nor may you use the Content in any way that implies an endorsement by NMAAM of you or your use of the Content. For the avoidance of doubt, you may not use the Content for any commercial purposes whatsoever, including without limitation commercial publication or personal gain. If you want to use the Content and/or the Trademarks other than as permitted herein, you must obtain the prior written permission of NMAAM. All rights not expressly granted herein by NMAAM are specifically and fully reserved.
8. User-Generated Content:
A. You are solely responsible for the messages, notes, text, comments, questions, suggestions, information, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site (including without limitation via electronic mail, forums, contact forms, or interactive features of the Site), or transmit to or share with other users (collectively, “User Content”), and you are solely responsible for any consequences of posting User Content. You acknowledge and agree that you will post User Content on the Site solely in accordance with the Terms and Conditions of Use and any other procedures, policies, and guidelines explicated on the Site. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. If you do not own the rights to User Content, you shall obtain all necessary permissions from the third-party owners before posting User Content on the Site. You acknowledge and agree that you will not post User Content to the Site that: (i) is harmful, threatening, unlawful, defamatory, libelous, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) attempts to circumvent, disable, or override any encryption features or other protections of the Site; (iv) contains any advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (v) infringes the copyright, trademark, publicity rights, or other proprietary rights of any third party or violates any jurisdiction’s law, statute, or regulation; (vi) in any manner intentionally interferes with or destructs the Site or servers or networks connected to the Site; or (vii) uses automated scripts (including without limitation, “robots” or “spiders”) to collect information from or otherwise interact with the Site.
B. You understand and agree that NMAAM may, but is not obligated to, review the Site and may delete or remove any Content or User Content (without notice to or permission from you) in the sole discretion of NMAAM, for any reason or no reason, including without limitation User Content that in the sole judgment of NMAAM violates the Terms and Conditions of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. In addition to these actions, NMAAM may (at any time and without notice) restrict or terminate your access to the Site for posting such User Content. Moreover, you understand and agree that NMAAM is not responsible for the content of any other user-generated material posted to the Site. NMAAM will in no way be held liable for terminating access to User Content or the Site or for failure to notify you or any other terminated user in advance of disabled access to such content or the Site.
C. By posting User Content, you acknowledge that it may appear on the World Wide Web in addition to other places. User Content will be treated by NMAAM as non-confidential and nonproprietary, and as such, may be freely used (without notice to or permission from you) by NMAAM and its affiliates, designees, and others throughout the universe in perpetuity in any and all media now know and hereafter devised for any purpose whatsoever (inclusive of commercial purposes without payment of a fee or royalty to you), including, but not limited to, any reproduction, display, performance, publication, transmission, or disclosure to law enforcement entities and others. In addition, NMAAM may alter, edit, or modify User Content in any manner in its sole discretion. You warrant and represent that you have the right to grant the rights herein granted with respect to all User Content. Without limiting the generality of the foregoing, you own or have obtained the rights for NMAAM to use User Content, and you shall be solely responsible for the payment of any fees, royalties, or other amounts claimed to be due in connection with such use, and any and all claims, damages, losses, or liabilities in connection with such rights and/or payments.
9. Digital Millennium Copyright Act (DMCA):
NMAAM will not tolerate copyright infringement on the Site and requires all users of the Site to comply with U.S. copyright and related laws. It is the policy of NMAAM to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If you are a copyright owner (or agent thereof) that believes that content posted on the Site infringes your copyrights, you may report such alleged infringements by providing written notice to NMAAM’s designated agent as required by the DMCA, Title 17 U.S.C. §512(c)(3). If you are providing such notice by email, please address it to: email@example.com. If you are providing such notice by mail, please address it to: Designated Copyright Agent, Administrative Offices, National Museum of African American Music, 211 7th Avenue North, Suite 310, Nashville, TN 37219. NMAAM provides the foregoing contact information for purposes of the DMCA only and reserves the right to respond only to communications relevant to this purpose. If you have any questions or concerns regarding the requirements of the DMCA, please consult your legal counsel.
10. Warranty and Liability Disclaimers:
Your use of the Content and the Site is entirely at your own risk. NMAAM provides the Content and the Site on an “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. Without limiting the generality of the foregoing, NMAAM does not warrant that the Site will provide continuous, prompt, secure, or error-free service, and does not warrant the accuracy of any information, content (including the Content), services, images, graphics, products, or representations appearing on the Site. NMAAM assumes no liability for any damages or losses that you or any third party may incur as a result of the unavailability of the Site or for any damage to your computer equipment, data, or other property arising from your use of the Site, due to any reason whatsoever (including, but not limited to, a computer virus). NEITHER NMAAM, ITS TRUSTEES, DIRECTORS, OFFICERS, SPONSORS, COLLABORATORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, NOR AGENTS SHALL HAVE ANY LIABLITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO USER CONTENT OR YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, YOUR VIEWING OF, USAGE OF AND/OR RELIANCE ON ANY INFORMATION, REPRESENTATIONS, IMAGES, GRAPHICS, CONTENT, PRODUCT AND SERVICES CONTAINED ON OR ACCESSIBLE THROUGH THE SITE); NMAAM IS NOT LIABLE FOR THESE DAMAGES, REGARDLESS OF WHETHER AN ACTION IS BROUGHT IN TORT OR CONTRACT AND REGARDLESS OF WHETHER YOU WARNED NMAAM OF THE POSSIBILITY OF SUCH DAMAGES.
11. Governing Law:
The Site will be deemed to be based solely in Nashville, Tennessee. The Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Tennessee without regard to principles of conflicts of laws. Any claim or dispute arising out of or relating to the Terms and Conditions of Use will be decided exclusively by a court of competent jurisdiction located in Nashville, Davidson County, Tennessee, and the parties waive any objection they may have to personal jurisdiction in these courts.
12. Entire Agreement; Severance; Waiver:
Last updated: February 29, 2016
© 2016 National Museum of African American Music. All rights reserved.