Nashville Arts's Community Home

Date of Last Revision: March 26, 2010

Terms of Use

Moontoast, LLC (“Moontoast”, “we”, “our” or “us”) operates moontoast.com and its subdomains and their features and services (the “Network”). The Network consists of communities (many sponsored by third parties) that are operated by Moontoast. These terms of use govern your use of the Network.

We strongly recommend that, as you read these terms of use, you also access and read the linked policies.

By agreeing to these terms of use, you agree and consent to Moontoast collecting, using and sharing your personal information and other data in accordance with the Privacy Policy.

1. Accepting these Terms

1.1 Although you may view parts of the Network as a visitor (i.e. without registering), in order to use features of the Network you must first register as a “Member” and agree to be bound by the terms in, and linked to, these terms of use (“Terms”).

1.2 You may not use features of the Network if: (a) you do not agree to be bound by these Terms; (b) you are a person barred from using features of the Network under the laws of the United States; or (c) the country in which you are resident or from which you use the Network is outside of the United States.

1.3 If you want to offer goods or services to Members through any community on the Network, you must first create a “Guide” page, provide information about yourself and the goods or services you want to offer, and agree to be bound by the guide policy for that community (“Guide Policy”).

2. Your Use of the Community

2.1 Subject to your compliance with these Terms, we grant you a non-exclusive, non-sublicensable and revocable license to access and use the features on the Network. Use of the Network beyond the scope of the license granted to you immediately terminates said license.

2.2 You agree to use the Network only for purposes permitted by: (a) these Terms; and (b) any applicable local, state, national or international law or regulation (including laws regarding the export of data or software to and from the United States or other relevant countries). Any rights not expressly granted herein are reserved.

2.3 We reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Network at any time, for any or no reason, with or without prior notice or explanation, and without liability.

2.4 You agree that we may send you messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Network. You can control what type of communications you receive from us by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

2.5 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Network in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser.

2.6 If you send us any unsolicited ideas, suggestions or materials, you agree that we will be completely free to implement, use, modify or otherwise exploit, in any way, your idea, suggestion or materials (or any part thereof) without any payment or other obligation to you, and you agree never to assert against us any claim based on any proprietary rights therein.

3. Your Account

3.1 You agree to provide us accurate information (such as your real name, a valid e-mail address, and accurate, non-fraudulent payment information) for your account and to update such information if it becomes outdated.

3.2 You agree to (a) maintain the confidentiality of your account password and to restrict access to your computer; (b) accept responsibility for all activities that occur under your account; and (c) notify us immediately at customerservice@moontoast.com if you believe your account has been used without your authorization. You may not transfer your account to another person, share it with anyone, or use it to impersonate anyone. We reserve the right, in our sole discretion, to reassign or rename your profile URL.

3.3 You may stop using the Network at any time by emailing us at customerservice@moontoast.com.

3.4 We may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability.

3.5 Any rights you grant to us and any obligations you have under these Terms or any Guide Policy will remain in effect even after your account is terminated.

4. Your Content

4.1 As used in these Terms: (a) “Content” means any text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials; (b) “Post” means to submit, post, transmit or display on, through or in connection with the Network; and (c) “Use” means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

4.2 Other than as set forth in sections 4.3 and 4.4, we obtain no right, title or interest from you under these Terms in or to any Content that you Post, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

4.3 By Posting any Content you give us a perpetual, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free and worldwide license to Use that Content on, through or in connection with: (a) the Network and in all current and future media in which the Network may now or hereafter be Used; (b) our internal business purposes; and (c) in response to any subpoena or other judicial or administrative order, or to assist government enforcement agencies or otherwise as required by law.

4.4 In addition to the license set forth in section 4.3, you agree that we, in our sole discretion, may use and refer to your trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Network, and any products, goods, features, capabilities and/or services associated with the Network.

4.5 Content you Post and do not mark as “private” or “invisible” will be available for Use by everyone through the Network. Content you Post and mark as “private” or “invisible” will not be available for Use by any third parties through the Network. You understand and agree that whether or not Content you Post is marked “private” or “invisible”, we do not guarantee any confidentiality or privacy with respect to that Content.

4.6 You represent and warrant that: (a) you own any Content you Post, or otherwise have the right to grant the license set forth in section 4.3; and (b) the Posting of that Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for any royalties, fees, and any other amounts owing any person or entity by reason of the Use of such Content on, through or in connection with the Network.

4.7 You agree that you will comply with the Acceptable Use Policy when you use the Network and that you are solely responsible for any Content that you Post and for the consequences of your actions (including any loss or damage which we may suffer). If you Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the Network, you acknowledge that you will have caused substantial harm to us and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay us $50 for each such unsolicited communication you send through the Network; provided, however, that if our actual damages exceed $50 for each such unsolicited communication you send through the Network, you agree to pay us an amount equal to such actual damages.

4.8 Upon termination or cancellation of a community or your account for any reason, Moontoast may delete some or all of the Content associated with your account permanently from its servers. You are responsible for taking steps to independently back up your Content. Additionally, you acknowledge and agree that Content you Posted may continue to appear on the Network (even after the termination of your account) as portions of your Content may have been incorporated into Member profiles or other portions of the Network.

5. Your Interactions with Guides

5.1 When you interact with Guides to obtain information or services of any sort (“Services”) or property of any sort (“Products”) on the Network, you agree to be bound by the PaymentPolicy. We reserve the right to archive Services, but are under no obligation to store any archived Service for any length of time and are under no obligation to make any archived Service available to any Member or Guide.

5.2 Except for payment, which is governed by the Payment Policy, your interactions with Guides (including the terms, conditions, warranties or representations, if any) are solely between you and such Guides. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with a Guide. We reserve the right (but have no obligation) to become involved in any way with disputes between you and a Guide. Notwithstanding the foregoing, unless otherwise expressly agreed to by you and a Guide: (a) you may not record or otherwise copy any Service; (b) you rely on information from a Guide at your own risk; and (c) you may not Use any Content provided to you by a Guide other than for your own personal use.

5.3 Just because a Guide is offering Services or Products through a community on the Network does not imply that we (or our community sponsors) approve of, endorse or guarantee their opinions, advice, recommendations, Services or Products. Unless otherwise indicated, we (and our community sponsors) do not conduct any investigation whatsoever into any Guide’s qualifications or expertise. The opinions and views expressed by a Guide are those of the Guide (not of us or our community sponsors).

5.4 We (and our community sponsors) require Guides to agree to be bound by a Guide Policy and these Terms, but do not control Guides and cannot dictate their actions. We (and our community sponsors) have no control over and do not guarantee the quality, safety, or legality of Services or Products, the truth or accuracy of Guides’ Content or listings, or the ability of Guides to sell Services or Products. You should not provide any personally identifiable information to Guides unless you know and are comfortable with the Guide with whom you are interacting.

5.5 Reliance on any information you get from the Guides or Members is strictly at your own risk. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Network without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction. Always seek the advice of your physician or other qualified health provider with any questions you have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately.

5.6 You agree that we (and our community sponsors) will not be responsible or liable for any loss or damage of any sort incurred by you as the result of any interactions with Guides or Members. If there is a dispute between you and any Guide, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more Guides or Members, you hereby release us, our community sponsors, and each of our respective officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Network. If you are a California resident, you hereby waive the application of California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

6. Our Intellectual Property Rights

6.1 You acknowledge and agree that you do not have and will not acquire any right, title and interest in and to the Network or intellectual property rights which subsist therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2 You may create a hyperlink to the www.moontoast.com home page, or any other page on the Network (including, without limitation, your Guide page(s)), provided that: (a) if you want to utilize Moontoast’s name or logos as part of the link, you use an approved specimen from www.media.moontoast.com; and (b) such link does not portray us, the Network or any community sponsor in a false, misleading, derogatory, or otherwise defamatory manner. Your license to place any such hyperlink is a limited and non-exclusive right, which may be revoked by us at any time.

6.3 Except as provided in section 6.2, nothing in these Terms gives you a right to Use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Network. Without our express written consent, you may not use any meta tags or any other “hidden text” utilizing our name or trademarks.

7. Privacy

For information about Moontoast’s data protection practices, please read the Privacy Policy which explains how Moontoast treats your personal information, and protects your privacy, when you use the Network. You agree to the use of your information in accordance with the Privacy Policy.

8. Copyright Complaints

We have adopted and implemented a policy for the Network that provides for the termination, in appropriate circumstances, of the accounts of repeat infringers. We also respond to notices of alleged copyright infringement sent to the designated copyright agent in accordance with the DMCA Policy.

9. Disclaimer of Warranties and Limitation of Liability

9.1 THE NETWORK IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. NEITHER WE NOR OUR COMMUNITY SPONSORS GUARANTEE THAT IT WILL BE SAFE OR SECURE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR COMMUNITY SPONSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. NEITHER WE NOR OUR COMMUNITY SPONSORS WARRANT THAT THE NETWORK WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NETWORK OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 IN NO EVENT WILL WE OR OUR COMMUNITY SPONSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE NETWORK OR FROM ANY CONTENT, GOODS OR SERVICES INCLUDED ON, THROUGH OR IN CONNECTION WITH IT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF YOU HAVE ADVISED EITHER OF US IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES ARE FORESEEABLE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE THE APPLICATION OF CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

9.3 Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In the event that applicable law does not allow this limitation or exclusion of liability or damages, you agree that in no event shall our (or our community sponsors’) total liability to you for damages, losses and causes of action of any kind exceed $25 (U.S.). You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Network or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.

9.4 We may from time to time provide links to other sites as a convenience to you, and we assume no responsibility or liability for the contents or privacy practices of those other sites, or any products or services advertised or sold on those sites.

10. Indemnity

You agree to indemnify and hold us, our licensors and our community sponsors (as applicable) harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claims made by any third party related to: (a) your actions, omissions, negligence and willful misconduct, (b) Content you Post on or through the Network, (c) any claim arising out of or related to your use of the Network, (d) any claim arising out of or related to any Products or Services you make available or harm they may cause, and (e) any breach of these Terms or any Guide Policy.

11. Advertisements

The Network may display advertisements and promotions. These advertisements may be targeted based on the Content, queries made through the Network or other information. The manner, mode and extent of advertising by us on the Network is subject to change without specific notice to you.

12. Additional Policies; Changes to these Terms

12.1 The following policies are part of these Terms (and are hereby incorporated by reference into these Terms) and provide additional terms and conditions related to the Community:

1. Acceptable Use Policy (available at http://nashvilleartsmoontoast.com/legal/acceptableusepolicy);
2. Keyword Policy (available at http://nashvilleartsmoontoast.com/legal/keywordpolicy);
3. Payment Policy (available at http://nashvilleartsmoontoast.com/legal/paymentpolicy);
4. Privacy Policy (available at http://nashvilleartsmoontoast.com/legal/privacypolicy); and
5. DMCA Policy (available at http://nashvilleartsmoontoast.com/legal/dmca).

12.2 We may make changes to these Terms (including to any of the foregoing policies) from time to time by posting the amended terms of use on the Community at http://nashvilleartsmoontoast.com/legal/terms or the amended policies at the applicable address listed above. You acknowledge and agree that if you use the Network after the date on which these Terms (or any of the foregoing policies) have changed, we will treat your continued use of the Network as acceptance of the updated Terms (or policies). If we make a material amendment to these Terms (or any of the foregoing policies), we will notify you by posting notice of the amendment on the Network and/or emailing you about the change.

13. Legal Terms

13.1 Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website (available at http://kids.getnetwise.org/tools/).

13.2 If a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of or relates to these Terms or the Network (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution at customerservice@moontoast.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

(a) The Network is hosted in the United States and controlled and operated by Moontoast from the state of Tennessee. The formation, construction and interpretation of these Terms is controlled by the laws of the state of Tennessee regarding agreements between Tennessee residents entered into and to be performed within Tennessee, excluding any rule or principle that would refer to and apply the substantive law of any other state or jurisdiction. You agree that any Claim you may have against Moontoast must be resolved exclusively by a state or federal court located in Davidson County, Tennessee, except as otherwise agreed by the parties or as described in subsection (b) below. You agree to submit to the personal jurisdiction of the courts located within Davidson County, Tennessee for the purpose of litigating all such Claims.

(b) For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party to the Claim may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration (and if such election is made, the Claim must be arbitrated as provided herein). In the event a party elects arbitration, they shall initiate such 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; (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) All claims you bring against us must be resolved in accordance with this section 13.2. All claims filed or brought contrary to this section 13.2 will be considered improperly filed. Should you file a claim contrary to this section 13.2, we may recover attorneys’ fees and costs up to $1000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

13.3 These Terms constitute the whole legal agreement between you and us and govern your use of the Network (but excluding any services which Moontoast may provide to you under a separate agreement, and excluding any Guide Policy), and completely replace any prior agreements between you and us in relation to the Network. In the event of a conflict between any provision of these Terms and any provision of any Guide Policy, the Guide Policy will control. Any waiver of these Terms must be in writing and signed by you and us. Headings are for reference purposes only and do not limit the scope or extent of any section.

13.4 If any provision of these Terms is found to be void, invalid or unenforceable: (a) the same will be conformed to the extent necessary to comply with applicable law, or stricken if not so conformable; and (b) the remaining provisions will remain in effect.

13.5 We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspending or blocking your access to the Network. If we fail to enforce any provision of these Terms, it will not be considered a waiver.

13.6 All of our rights and obligations under these Terms are freely assignable in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

13.7 Except as expressly provided herein with respect to our community sponsors, these Terms do not confer any third party beneficiary rights. Nothing in these Terms create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship.

13.8 In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.