PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE NAPCO MEDIA SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
You and Us
Welcome to NAPCO Media! Formally, we are North American Publishing Co. d/b/a NAPCO Media (“NAPCO Media”, “we”, “us” and “our”). We are a premier business-to-business media company serving a variety of markets, including the consumer technology, marketing, retail, non-profit, printing and packaging, publishing and promotional products industries. We provide our services in hard copy and online (collectively, the “Services”), including but not limited to:
- Our parent site at napco.com, our event sites and other websites (“NAPCO Sites”).
- Publications of all type (“Publications”), including:
- Websites, newsletters, blogs, libraries and other online publications (each, an “Online Publication”).
- Our hard copy publications (“Paper Publications”).
- Our libraries, stores and other resources (“Resources”).
- Mobile applications and software on user devices (“NAPCO Apps”).
- Web pages on social media sites operated by others, such as Facebook, Instagram, Twitter and other social media (each a “Social Media Site”).
Each person or entity who uses our Services or provides content to or for our Services is referred to as a “user” or “you” or “your”. If you subscribe to any of our Services, we will refer to you as a “Subscriber”. If you subscribe on behalf of another person, company or organization (“Company”), then you promise and warrant that you are authorized by the Company and that you have the right to bind the Company to these Terms. These Terms and the Privacy Statement apply to each Company, which shall be considered a type of user.
You may subscribe to our Services, including our Publications. Among other things, a Subscriber can subscribe to or renew the same Publication in Online Publication and Paper Publication formats, and access and contribute content to the Resources. In the future we hope to provide even more options through our Services.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your user name and password. Therefore, you must not share with or disclose your password to anyone. You should use a “strong” password, e.g., a password that is not a dictionary term or other known word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password. NAPCO Media is not liable for any loss or damage arising from any third party accessing or using your account without your permission, regardless of how the third party accesses your account. Please contact us at firstname.lastname@example.org if you believe your account has been accessed by an unauthorized person.
Content and the Resources
Any information, text, graphics, photos, video, pricing information or other materials uploaded, downloaded or appearing on our Services are collectively referred to as “content”. Any person (including any user) who provides content to us is called a “Provider”. Each Provider warrants to us that the Provider has all rights necessary to provide content to us. Each Provider’s content may be viewed by users of the Services and by other people.
Each Provider grants NAPCO Media a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicenseable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize the Provider’s content in any form, format or process now known or hereafter discovered, via any and all of the Services or otherwise, including but not limited to any user-generated content, ideas, concepts, techniques or data, without any further consent by the Provider, and without any notice or compensation to the Provider or to any third parties (“Content License”). Except for the Content License, each Provider retains ownership or other rights the Provider may have to the Provider’s content. Prior to providing us with your content, each Provider should retain a copy of your content in a safe place accessible to you.
Some of the content on the Services is owned by us (“NAPCO Media content”). With the exception of any content you own, you may not share any content with any other person, service or entity without the prior written permission of the owner of that content. You should obtain the prior written permission of the Provider to re-post his or her content).
We own NAPCO Media content and the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the content other than your content. Except as expressly stated in these terms, you may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any content other than your content.
Subject to the terms and conditions of this Agreement, NAPCO Media grants each Subscriber a non-exclusive, nonsublicenseable, non-transferable license to use the Services, including the Publications, the NAPCO Apps, the Resources and the content strictly for Subscriber’s personal and professional use (the “Subscription”).
All content, whether publicly posted or privately transmitted, is the sole responsibility of the Provider that originated the content. We do not monitor the content posted via the Services. Except for NAPCO Media content, NAPCO Media will not be liable for any content, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred arising out of the content or any use of any content.
Your use of or reliance on any content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or content that have been mislabeled or are otherwise deceptive.
You are responsible for your use of the Services, for your content, and for the consequences of what you do.
User “Do’s” and “Don’ts”
As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following Do’s and Don’ts.
Do the following:
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review and comply with our Privacy Statement (and these Terms, of course).
Do review and comply with notices sent by us concerning the Services.
Don’t do the following:
Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable content.
Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Services or NAPCO Media content, or any part thereof.
Don’t include information in your registration data, Subscriber data or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address that is confidential in nature.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services.
Don’t use “bots” or other automated methods to add or download content, or send or redirect messages or other permitted activities other than through NAPCO Media-sanctioned tools.
Don’t override any security component included in or underlying the Services.
How Old are You?
You must be at least 18 years old to use the Services. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.
If you are 17 years old or younger, please ask your parent or guardian to open and operate an account with us.
If a person under the age of 13 registers with us or provides any content to us, the young person’s parent or guardian may contact us at one of the addresses listed below in the “Contact Us” section. We will delete the young person’s account and delete any content provided by the young person.
As noted in our Privacy Statement, we provide the Services from within the United States, and we currently store all personally-identifiable information (“personal information”) that we collect and retain on servers inside the United States. In the future, we may store personal information on servers located outside the United States.
Certain types of content you submit to us, including any content, might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other personal information about you or others. Each time you use our Services or submit content or personal information to us, you confirm your consent to the collection, storage, processing and onward transfer of your personal information and any other personal information you submit, as further stated in the current version of these Terms and the current version of the Privacy Statement.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the Services, to suspend or terminate users, Providers and Subscribers, and to reclaim user names without liability to you. We also reserve the right to access, read, preserve, and disclose any content, data or other information (other than personal information as expressly stated in the Privacy Statement) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of NAPCO Media, its users, Subscribers and Providers, and the public.
Links to Third Parties
There may be links from the Services, or from communications you receive from the Services, to third-party websites, social media or features. There may also be links to third-party websites, social media or features in images or comments within the Services. As noted elsewhere in these Terms, the Services include and contain content that we do not control, maintain or endorse. Functionality on the Services may also permit interactions between the Services and a third-party website, social media or feature, including applications that connect the Services or your profile on the Services with a third-party website, social media or feature.
For example, the Services may include a feature that enables you to share content from the Services or your content with a third party, which may be publicly posted on that third party’s services, social media or application. Using this functionality typically requires you to login to your account on the third-party services and you do so at your own risk. NAPCO Media does not control any of these third-party services or any of their content. You expressly acknowledge and agree that NAPCO Media is not liable for any such third-party services or features.
By using a third party service, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to the sharing of information in and about your profile with and through the third party service; (ii) your use of a third party service may cause your personal information to be publicly disclosed, even if NAPCO Media has not itself provided such information; and (iii) your use of a third party service is at your own option and risk, and you hereby defend and indemnify us against, and hold us harmless from, any harm, damage, cost, and claims that may result from or be related to your use of any third party service.
NAPCO Media respects the intellectual property rights of others, and we expect our users, Subscribers and Providers of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us.
If you believe that your content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before you send us any request to remove allegedly-infringing content (“takedown notice”). Each takedown notice must be in English and include the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
- Your contact information, including your postal address, telephone number, and an email address.
- A statement by you that you have a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
On our receipt of a takedown notice, we may publish the takedown notice, or provide a copy of the takedown notice to the user or Provider that uploaded or provided the content accused to be infringing (“accused content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the accused content may have the right to send a notice to us (“counter notice”) demanding that the accused content be restored to the Services.
In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the accused content or other material from public view on the Services, and we may implement any counter notice by restoring the accused content or other material to public view on the Services.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove any accused content without prior notice, at our sole discretion, and without liability to any user, Provider, Subscriber, or anyone else. In appropriate circumstances, NAPCO Media will also terminate a user’s or Subscriber’s account if we determine the user or Subscriber to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
1500 Spring Garden Street, Suite 1200
Philadelphia, PA 19130
Disclaimer of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SERVICES, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICES. WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY NAPCO MEDIA OR ANYTHING RELATED TO THE SERVICES, YOU MAY CLOSE YOUR ACCOUNT AND STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES, INCLUDING THE PUBLICATIONS, NAPCO SITES, SOCIAL MEDIA SITES, NAPCO APPLICATIONS AND THE RESOURCES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY INTERRUPTIONS OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
You may terminate your NAPCO Media account for any reason or no reason, and at any time. To terminate your NAPCO Media account, contact us at email@example.com. Termination of your account will be effective upon our processing of the notice we received from you.
We may terminate your NAPCO Media account and these Terms with you for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in the notice.
We may restrict, suspend or terminate the account of any user or Subscriber, or block the access of any user or Subscriber, who abuses or misuses the Services. Misuse includes, among other things, registering under more than one identity, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of NAPCO Media and the Services.
Upon the termination of your NAPCO Media account, you will lose access to some or all of the Services. In addition, we may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination.
You and any Company you represent agree to defend, indemnify and hold NAPCO Media harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by NAPCO Media in the defense of any claim. NAPCO Media reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against NAPCO Media without the prior written consent of NAPCO Media, which consent NAPCO Media may refuse in its sole discretion.
Limitation of Liability
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither NAPCO Media nor any of our subsidiaries, affiliated companies, officers, employees, CONTRACTORS, members, directors OR SERVICE PROVIDERS (“NAPCO Media Affiliates”) shall be liable for any damages in excess of the fees, if any, you paid NAPCO Media during the calendar year in which such event is claimed to have occurred, or ONE HUNDRED DOLLARS (USD $100.00), whichever amount is greater.
Neither NAPCO Media nor any NAPCO Media Affiliates shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you, ANY COMPANY, or any third person. This limitation of liability shall apply regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory, (ii) we knew or should have known about the possibility of such damages, or (iii) the limited remedies provided IN these Terms fail of their essential purpose.
Governing Law and Arbitration
These Terms and any action related thereto are governed by the law of the Commonwealth of Pennsylvania, and the federal law of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, the Privacy Statement, their performance, or the Services shall be determined by one arbitrator in binding arbitration. If you are a citizen or resident of the United States, the arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules; otherwise the arbitration will be administered by the International Centre for Dispute Resolution pursuant to its International Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Proceedings will be conducted on an individual basis. Neither you nor NAPCO Media will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Contact Us. You may contact us via email at firstname.lastname@example.org, or via postal mail or courier at:
North American Publishing Co. d/b/a NAPCO Media
Attn: Law Department
1500 Spring Garden Street, Suite 1200
Philadelphia, PA 19130
Entire Agreement. These Terms, together with the Privacy Statement, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Statement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other NAPCO Media Services, if applicable. You acknowledge that you have had the opportunity to review these Terms and our Privacy Statement with counsel of your choice.
Amendments to these Terms. We reserve the right to modify, supplement or replace these Terms, effective upon no less than thirty (30) days prior written notice to the email address we have for you. If we have no email address for you, then the modified Terms will take effect thirty (30) days after we post them on our website at www.napco.com. Your use of the Services thirty days after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes, risks, responsibilities, or other matters that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation by you shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Statement, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on NAPCO Media website at www.napco.com.