Terms of Service

Effective date: 04-02-18

WELCOME TO 
NATIONAL ASSOCIATION OF TELEVISION PROGRAM EXECUTIVES, INC.!

TERMS OF USE

The following terms (the "Terms of Use") constitute a binding contract between you and NATIONAL ASSOCIATION OF TELEVISION PROGRAM EXECUTIVES, INC. (“NATPE” or “we” or “us” or “our”). The Terms of Use detail the rules and restrictions of that govern your use, access, receipt, or attendance of, but not limited to, our website(s), newsletters, offerings, databases, directory lists, awards, programs, conference, and exhibitions (collectively the "Services"). The Terms of Use include the provisions in this document, in addition to those in the Privacy Policy and Copyright Dispute Policy.

You must agree to and accept all of the Terms of Use. The Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of the Terms of Use, do not use, access, attend, or receive the Services. By using, accessing, attending, or receiving the Services in any way, you agree to be bound by these Terms of Use. The Terms of Use will remain in effect at all times that you use, access, attend, or receive the Services.

Please read the Terms of Use carefully. If you have any questions, comments, or concerns regarding the Terms of Use or the Services, please contact us at: 

jd@natpe.org 
c/o National Association Of Television Program Executives, Inc. 
5757 Wilshire Blvd., Penthouse 10
Los Angeles, CA 90036

Acceptance of Terms

1. Acceptance of Terms. By using, accessing, attending, or receiving the Services in any way, you agree to be bound by all terms, conditions and notices contained or referenced herein. We may change the Terms of Use at any time by posting revisions to www.NATPE.com, by sending you an email, and/or by any other means. Your continued use, access, attendance, and/or receipt of the Services will indicate your agreement to any revised terms. Accordingly, we urge you to review the Terms of Use carefully. If you disagree with any of the following Terms of Use or any revised policy, do not use, access, or receive the Services in any manner. 

Permitted Use

2. Permitted Use. You agree that you are only authorized to visit, view and to retain a copy of information or content from the Services for your own personal use, and that you will not duplicate, download, publish, modify or otherwise distribute the information or content from the Services for any purpose other than for personal use, unless otherwise specifically authorized by us in writing. You also agree not to deep-link to any pages of www.NATPE.com for any purpose, unless specifically authorized by us in writing. www.NATPE.com is the property of NATPE and is protected by U.S. and international copyright laws.

Limited License

3. Limited License. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Services pursuant to the requirements and restrictions of these Terms of Use. NATPE may change, suspend, or discontinue any aspect of the Services at any time. NATPE may also, without notice or liability, impose limits on certain features and services or restrict your use, access to, attendance of, or receipt of all or portions of the Services. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, re-use, replicate or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Services, or any of its contents (including software) in whole or in part, unless otherwise specifically authorized by us to do so.

Assignment

4. Assignment. You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your user account, in any way (by operation of law or otherwise) without NATPE's prior written consent. On the other hand, you give us the irrevocable right to transfer, assign, or delegate the Terms of Use and our rights and obligations hereunder without your consent. 

Violation of the Terms of Use

5. Violation of the Terms of Use. You understand and agree that in its sole discretion, and without prior notice, NATPE may terminate your use, access, attendance, or receipt of the Services, or exercise any other remedy available. Furthermore, you agree that in sole discretion, and without prior notice, NATPE may remove any unauthorized user information if we believe that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to NATPE for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. NATPE may release user information about you if required by law or subpoena. If you wish to terminate your use of and/or receipt of the Services, please contact us at jd@natpe.org. Please refer to our Privacy Policy, for further details about this topic.

Copyright Policy

6. Copyright Policy. We may terminate the privileges of any user who uses or accesses the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, lists, compilations, illustrations, and so forth (the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access or receive through the Services. You promise to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you: (i) without the prior consent of the owner of that Content; or (ii) in a manner that violates the rights of anyone else, including NATPE. You understand that NATPE owns the Services. Except as expressly provided in this Section, you will not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services without our prior written consent. The Services may allow you to copy or download certain Content. Despite this functionality, ALL herein restrictions apply.

Representations by You

7. Representations By You. By using, accessing, attending, or receiving the Services, you represent, warrant and covenant that: (i) you are at least 16 years old; and (ii) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

User Accounts

8. Accounts. During the registration process you will be asked to create an account and to select a unique password for use or access of certain portions of the Services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the account. By logging into the Services, you represent and warrant that: (i) you are the individual or entity who registered for the Services; (ii) that you are using the Services only for permitted purposes; (iii) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (iv) you will ensure that you exit from your account at the end of each session. Please notify jd@natpe.org of any potential unauthorized use(s) of your account, or breach of security.

License Granted by You

9. License Granted by You. By providing content or information to us, including by submitting or uploading content or materials for use in the Services, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that to waive all claims and you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Advertising

10. Advertising. The Services may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on and through the Services are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Links and Search Results

11. Links and Search Results. The Services contains links to sites operated by third parties throughout the World Wide Web. NATPE has no control over these sites or the content within them. NATPE does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal, and/or inoffensive. NATPE does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using, accessing, or receiving the Services to search for or link to another site, you agree that you will not make any claim against for any damages or losses, whatsoever, resulting from your use, access, or receipt of the Services to obtain search results or to link to another site. If you have any problems accessing a link from the Services, you may notify us at jd@natpe.org.

Intellectual Property

12. Intellectual Property. You acknowledge that all content and materials available on or through the Services are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by NATPE or our sponsors and licensors or third parties. Except where otherwise noted in these Terms of Use, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use, access, or receive the Services or its contents as expressly permitted in these Terms of Use and for no other purpose. NATPE and our licensors, sponsors, advertisers, and associates (collectively “Affiliates”) retain exclusive ownership of all data, material and other information regarding your use, access, or receipt of the Services. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials of the Services without our prior written consent. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on or distributed through the Services are trademarks or service marks or used under license by NATPE and its Affiliates. The use or misuse of any of these materials is strictly prohibited. It is expressly understood and agreed that this section will survive any termination of our agreement under these Terms of Use.

Digital Millennium Copyright Act Policy

13. Digital Millennium Copyright Act Policy. The Digital Millennium Copyright Act (the "DMCA") applies to online service providers, such as NATPE. We recognize that the Services may feature materials that may violate the copyrights of other content providers. NATPE respects intellectual property rights, and thus will delete or disable content alleged to be infringing. If you are notifying of alleged copyright infringement, please be sure to provide the following information in the form to our Designated Agent as required by 17 U.S.C.A. § 512:
a. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
b. A description of the allegedly infringing material and information sufficient to permit us to locate the material;
c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
d. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
e. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

Designated Agent for Notification of Claimed Copyright Infringement.

NAME: Job Dobkin

ADDRESS: National Association Of Television Program Executives, Inc. 
5757 Wilshire Blvd., Penthouse 10
Los Angeles, CA 90036

E-MAIL: jd@natpe.org

PHONE: 1.310.857.1652

FAX: 1.310.453.5258

To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click Copyright Dispute Policy. To learn more about the DMCA, click here.

Disclaimer of Warranties

14. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT ALL, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, OFFERINGS, AWARDS, EVENTS, AND CONNECTIONS INCLUDED IN, OFFERED BY, INVITED TO, OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, ACCESS, OR RECEIPT. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER NATPE, NOR OUR AFFILIATES, SUBSIDIARIES, ADVERTISERS, OR LICENSORS, MAKE ANY WARRANTY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM USING, ACCESSING, OR RECEIVING THE SERVICES. It is expressly understood and agreed that this section will survive any termination of our agreement under these Terms of Use.

Limitation of Liability

15. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL NATPE, OUR AFFILIATES, SUBSIDIARIES, ADVERTISERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE; ACCESS, OR INABILITY TO ACCESS; RECEIVE, OR INABILITY TO RECEIVE THE SERVICES OR INFORMATION PROVIDED VIA THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. It is expressly understood and agreed that this section will survive any termination of our agreement under these Terms of Use.

Arbitration

16. Arbitration. These Terms of Use are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled in Los Angeles, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles, California, or the United States District Court for the Central District of California. It is expressly understood and agreed that this section will survive any termination of our agreement under these Terms of Use. 

Indemnification

17. Indemnification. You agree to defend, indemnify, and hold NATPE and our subsidiaries and Affiliates, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Services or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with us in asserting any available defenses. You will indemnify and hold NATPE harmless from and against any claim, action, damages, costs (including, without, limitation, attorney’s fees), injuries, or liability, arising from or any way related to your (a) use, access, attendance, and/or receipt of the Services (including any actions taken by a third party using your account), and (b) violation of these Terms of Use. Should NATPE be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of your use, access, attendance, and/or receipt of the Services. You will defend NATPE (at NATPE’s request and with counsel satisfactory to NATPE) and will indemnify NATPE for any judgment rendered against it or any sums paid out in settlement or otherwise. It is expressly understood and agreed that this section will survive any termination of our agreement under these Terms of Use. 

International Use

18. International Use. By choosing to use, access, attend, and/or receive the Services from or at any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. NATPE makes no representation that materials on or through the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials or content received from or displayed on the Services Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations. It is expressly understood and agreed that this section will survive any termination of our agreement under these Terms of Use.

Choice of Law

19. Choice of Law. These Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use, access, attendance, or receipt of the Services shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. It is expressly understood and agreed that this section will survive any termination of our agreement under these Terms of Use.

Integration and Severability

20. Integration and Severability. These Terms of Use constitutes the entire agreement between NATPE and you with respect to your use, access, attendance, or receipt of the Services and supersedes all prior or contemporaneous communications and proposals between us with respect to the Services. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Children Online Privacy

21. Privacy. The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. In compliance with the COPPA, NATPE does not knowingly collect or solicit personally identifiable information from children under 13 years of age. Thus, if you are under 13 years of age, do not attempt to register for the Services or send any personal information about yourself to us. Once notified, we will immediately delete any personal information collected from a child under 13 years of age. If you believe that a child under 13 years of age may have provided us personal information, please contact us at jd@natpe.org. For more on the NATPE Privacy Policy, please click here.

Changes to the Services 

22. Changes to the Services. NATPE constantly improves its Services. Thus, the Services may change over time. We reserve the right to suspend or discontinue any part of the Services, or we may add new features or impose new limits on certain features or restrict use, access, attendance, or receipt of parts or all of the Services. If practical, NATPE will provide notice of any material changes to the Services that would adversely affect you. Similarly, we reserve the right to remove any content or information from the Services at any time, for any reason, in our sole discretion, and without notice.

Costs

23. Costs. NATPE reserves the right to require payment of fees for certain or all its Services. You shall pay all applicable fees, as described on www.NATPE.com in connection with those Services selected by you. NATPE reserves the right to change its price listings and to institute new charges at any time. You will be notified by email or by notices posted on www.NATPE.com of any new or increased charges to any of the Services. Your use of the Services following notification constitutes your acceptance of any new or increased charges. 

Headings

24. Headings. Section titles of these Term of Use are for convenience and do not define, limit, or extend any provisions of the Terms of Use.

COPYRIGHT & DISPUTE POLICY

Effective date: October 22, 2015

National Association Of Television Program Executives, Inc. (“NATPE” has adopted a general policy regarding copyright in accordance with the Digital Millenium Copyright Act of 1998 (“DCMA”).¹ Accordingly, NATPE removes material that is the subject of a valid DMCA takedown notice and that NATPE is able to remove. This provision does not apply to information that does not exist or reside on our website. 

Please consult with an attorney before filing a DMCA notification if you are unsure whether material presented or featured by NATPE infringes on your copyright. You may be subject to liability for damages, including costs and attorneys' fees incurred by NATPE or other parties, for misrepresenting material as infringing on your copyright.

Reporting a Copyright Infringement or a Counter-Notification

Section 512 of the DMCA provides the rules for reporting copyright infringement.

If you believe your copyright is being infringed, you can report the alleged violation. 
If your project was the subject of a takedown notice, you can submit a counter-notification. 

1. Reporting Procedure For Copyright Infringements. If you believe that material or content featured by, disseminated by, or connected in any way to NATPE, infringes your copyright or the copyright of someone whom you are authorized to act on the behalf of, please send a notice of copyright infringement containing the following information to NATPE's Designated Agent to Receive Notification of Claimed Infringement (our "Designated Agent," whose contact details are listed below):

a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

b. Identification of works or materials being infringed;

c. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that NATPE is capable of finding and verifying its existence;

d. Contact information about the notifier including address, telephone number and, if available, email address;

e. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

f. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

2. Procedure Following Valid Infringement Notification. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

a. remove or disable access to the copyrighted material; and

b. notify the content provider who is accused of infringement that we have removed or disabled access to the copyrighted material; and

c. terminate access by such content provider to the Services if he or she is a repeat offender.

3. Counter-Notice Procedure. A content provider may send a counter-notice if the content provider believes that the material that was removed or to which access has been disabled is not infringing, or the content provider believes that it has the right to post and use such copyrighted material from the copyright owner, the copyright owner's agent, or, pursuant to the law. The counter notice should be sent to the Designated Agent and contain the following information:

a. A physical or electronic signature of the content provider;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

c. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

d. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or, if the content provider's address is located outside the United States, for any judicial district in which NATPE is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

4. Procedure Following Receipt of Counter-Notice. NATPE may, in its discretion, send a copy of any counter-notice received by its Designated Agent to the original complaining party. NATPE will then inform that party that NATPE may replace the removed material or cease disabling it in 10 business days. At NATPE’s discretion, NATPE may replace or restore access to the removed material in 10 to 14 business days or more after receipt of the counter-notice unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement.

If you have any questions about this Copyright & Dispute Policy, please contact:

National Association Of Television Program Executives, Inc. 
attn: Jon Dobkin
5757 Wilshire Blvd., Penthouse 10
Los Angeles, CA 90036
jd@natpe.org.

PRIVACY NOTICE

Our privacy notice tells you what to expect when the NATIONAL ASSOCIATION OF TELEVISION PROGRAM EXECUTIVES, INC. (“NATPE”) collects your personal information. You must read our Privacy Policy at www.natpe.com/privacy.


Questions

If you have any questions about our Terms of Service, the practices of this site, or your dealings with this site, please contact us by email at jd@natpe.org or sending a letter to:

National Association Of Television Program Executives, Inc. 
Attn: Privacy Compliance Officer
5757 Wilshire Blvd., Penthouse 10
Los Angeles, CA 90036

If you have any questions about our Privacy Notice, please contact us by email at privacy@natpe.org or sending a letter to:

National Association Of Television Program Executives, Inc. 
Attn: Privacy Compliance Officer
5757 Wilshire Blvd., Penthouse 10
Los Angeles, CA 90036


¹Remember that your use of NATPE's Services is at all times subject to the Terms of Service, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

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