Terms and Conditions | Professional Music Teachers of New Mexico

# Terms of Use and Platform Access Agreement

These Terms of Use and Platform Access Agreement ("Terms") constitute a
binding agreement between the individual or entity accessing, viewing,
contributing to, uploading content to, administering, or otherwise using
this website, including all associated pages, hosted content, tools,
features, and subdomains (collectively, the "Platform"), and the
Organization, a nonprofit entity organized and operating under
applicable law ("Organization").

By accessing or using the Platform in any manner, whether directly or
indirectly, and whether or not the user is a member of the Organization,
the user acknowledges that they have read, understood, and agreed to be
bound by these Terms, as they may be amended from time to time. If the
user does not agree to these Terms, the user must immediately cease all
access to and use of the Platform.

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## 1. Purpose and Nonprofit Nature of the Platform

The Platform is owned, operated, and maintained exclusively for purposes
consistent with and subordinate to the Organization's nonprofit mission,
governance obligations, internal communication needs, educational
objectives, and mission-aligned public information. The Platform is not,
and shall not be construed as, a public forum, a commercial hosting
service, or a marketing, advertising, or promotional venue.

All access to and use of the Platform is granted solely as a
conditional, revocable privilege and not as a right, entitlement, or
benefit of membership, employment, or affiliation. No use of the
Platform shall be deemed to create any ownership interest, vested right,
expectation of continued access, or contractual entitlement beyond the
limited permission expressly granted herein.

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## 2. Member-Generated Content and Subdomain Access

The Organization may, in its sole and absolute discretion, permit
certain members or users to upload, publish, manage, or host content on
the Platform, including through the creation or administration of
subdomains. Any such permission is temporary, conditional,
non-exclusive, non-transferable, and revocable at any time, with or
without notice.

All content hosted on the Platform, regardless of author or
administrator, remains subject at all times to these Terms, to
applicable organizational policies and governance documents, and to
oversight, modification, restriction, or removal by the Organization. No
user acquires any proprietary, contractual, or equitable interest in any
content placement, hosting location, subdomain name, or administrative
privilege.

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## 3. Prohibition on Commercial Use, Advertising, and Promotion

The Platform shall not be used, directly or indirectly, for any
commercial, promotional, advertising, or revenue-generating purpose
whatsoever. Without limiting the foregoing, prohibited uses include, but
are not limited to, the advertising, marketing, endorsement, promotion,
or solicitation of any business, product, service, professional
practice, commercial enterprise, for-profit activity, or
income-producing venture, whether owned, operated, affiliated with, or
merely supported by the user.

This prohibition applies regardless of whether compensation is received
or expected, whether the promotion is explicit or implicit, whether the
activity is characterized as informational, educational, or incidental,
and whether similar conduct may have occurred on the Platform in the
past. Affiliate links, referral arrangements, sponsorship
acknowledgments, lead generation activities, and indirect or disguised
promotional content are expressly prohibited.

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## 4. No Grandfathering; No Waiver; No Reliance

Any prior, existing, or ongoing use of the Platform that would be
prohibited under these Terms, including any use occurring before the
effective date of these Terms or before their enforcement, shall not be
deemed authorized, permitted, approved, or grandfathered. The
Organization's prior failure, delay, or inconsistency in enforcing any
provision of these Terms shall not constitute a waiver of the right to
enforce these Terms at any time thereafter.

Users expressly waive any claim or defense based on implied consent,
estoppel, detrimental reliance, selective enforcement, or course of
conduct. Continued access to or use of the Platform shall not give rise
to any expectation that prohibited conduct will be tolerated or
permitted in the future.

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## 5. Enforcement, Violations, and Remedies

Any violation of these Terms, as determined solely by the Organization,
may result in immediate enforcement action, including but not limited to
the removal of content, suspension or revocation of content management
privileges, termination of subdomain access, and permanent prohibition
from future participation in or access to the Platform.

The Organization shall have no obligation to provide advance notice,
warning, opportunity to cure, or explanation beyond a determination that
a violation has occurred. Enforcement actions taken under these Terms
shall not be subject to appeal through the Platform and shall not affect
any separate membership status, unless otherwise determined through
applicable organizational governance processes.

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## 6. Violation of Trust and Misuse of Nonprofit Resources

Use of the Platform for prohibited purposes, including commercial or
promotional activity, constitutes a misuse of nonprofit resources and a
breach of the trust placed in users who are granted access privileges.
Such misuse shall be treated as a serious governance concern and may be
considered in future determinations regarding eligibility for Platform
access, content management privileges, or other discretionary roles.

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## 7. Monitoring, Oversight, and Discretion

The Organization reserves the unrestricted right, but not the
obligation, to monitor, review, audit, modify, restrict, or remove any
content or access on the Platform at any time and for any reason
consistent with these Terms. The Organization's determinations regarding
compliance, violations, and enforcement shall be final and conclusive.

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## 8. No Expectation of Continued Access or Preservation of Content

Users acknowledge and agree that the Organization makes no guarantee
regarding the availability, continuity, or preservation of any content,
subdomain, or access privilege. The Organization shall not be liable for
any loss of content, loss of access, reputational harm, business
interruption, or other damages arising from the enforcement of these
Terms or the modification or termination of Platform access.

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## 9. Amendments and Modifications

The Organization reserves the right to amend, modify, or replace these
Terms at any time. Updated Terms shall become effective upon publication
on the Platform. Continued use of the Platform following such
publication constitutes acceptance of the revised Terms.

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## 10. Governing Authority and Interpretation

These Terms shall be governed by and construed in accordance with the
Organization's bylaws, internal governance documents, and applicable
nonprofit and state law. In the event of any conflict between these
Terms and the Organization's governing documents, the governing
documents shall control. Section headings are for convenience only and
shall not affect interpretation.