NATE - The Nate Berkus Show

TheNateShow.Com Terms and Conditions of Use

Terms of Use effective as of september 2, 2010

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THIS SITE CAREFULLY. By accessing or using this site, you are deemed to have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you are a visitor to this site ("Visitor(s)") or a registered member ("Member(s)") (Visitors and Members shall collectively be referred to as, "User(s)"). In addition, when using particular forums, you will be required to abide by posted forum rules or guidelines or otherwise using the site ("Forum Rules"). The Forum Rules are hereby incorporated by reference into the Terms of Use.  [link to Forum Rules here]

Scope of Terms of Use

The Terms of Use apply to your use of thenateshow.com (the "Site"), which is owned and operated by Sony Pictures Television Inc. (“Sony”), Harpo Productions, Inc. (“Harpo”); (collectively, "we," "us" or "our"), and which is located in the United States of America. Use of the Site is void where prohibited by law.  The terms of use shall also apply to your use of widgets and/or other third party applications on the Site.

We reserve the right, at our sole discretion, to modify the Terms of Use on a going forward basis at any time. We shall have no obligation to notify the Users of any such changes other then posting such modifications on the Site and indicating the date of last revision on the Terms of Use. It is your responsibility to check these Terms of Use periodically to review any such changes. Upon each visit to the Site, you agree to be bound by the then-current Terms of Use. If you do not to accept these Terms of Use, please do not use or access (or continue to use or access) the Site.

User Requirements

You must be at least 18 years old in order to participate on our Site, and we will not knowingly collect personally identifiable information from anyone under the age of 18. Further, you may not make use of the Site if such use violates any applicable law or regulation. You agree to abide by these restrictions and not to help anyone avoid these restrictions.

User Registration

If you access the Site as a Visitor, you will not be required to provide personally identifiable information. However, in order to access the “Share With Nate” page, message boards, blogs, chat rooms, workbooks and user review forums, such as comments or other interactive services that are currently available or may become available in the future (collectively, "Forums"), you will be required to register as a thenateshow.com Member, to create a Member account ("Account"), to provide specific information, and to abide by our Forum Rules [click to link here]. If registering as a Member, you also agree to:

• Provide true, accurate and current information about yourself (you may not use any aliases or other means to mask your true identity) as prompted by any registration forms on the Site

• Create a username that is not patently offensive or deceptive and does not violate any other party's legal rights

• Not register for more than one Account, register for an Account on behalf of an individual other than yourself or register for an Account on behalf of any group or entity

• Be fully and solely responsible for maintaining the confidentiality and security of your information and password.

• Be fully and solely responsible for any and all use and activity (including content that is posted, transmitted, shared or otherwise made available) under your Account, and the consequences thereof, regardless of whether it's been authorized by you

• Immediately notify us of any unauthorized use of your registration, password or Account or any other breach of security

You participate on the Site at your own risk. Additionally, you hereby release us, our directors, officers, agents, contractors, partners, assigns, successors-in-interest and employees from any and all liability, direct or indirect, and for any liability, loss or damage that is caused or alleged to have been caused to you from your use of the Site.

You understand and agree that we may, in our sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. We may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time by reviewing your registration.

Restrictions on Use of Site Content

Sony-owned and Harpo-owned trademarks and service marks, along with our trade names, trade dress and designs (collectively, the "Marks") are the property of Sony and Harpo. Additionally, other content found on our Site, including, but not limited to, text, postings, photographs, video, information, art, graphics, music, sound, materials compiled via widgets or other third party applications, and other files, and their selection and arrangement (collectively, the "Site Content") is the property of Harpo, Sony and/or its respective owners. Unless noted otherwise, you may access the Site, the Site Content and the Marks for your personal and noncommercial use only. You will not acquire any ownership rights by downloading the Site Content. You may not use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Site Content or Marks, in whole or in part, without the prior written consent from Harpo, Sony and all respective owners of the Site Content, except as otherwise permitted hereunder.  You must abide by all copyright notices or other restrictions contained in the Site. Any use of the Marks or the Site Content other than as specifically authorized is strictly prohibited and will terminate any permission(s) granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights.

User Conduct

By accessing the Site, you agree not to:

• Use the Site in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Site or interfere with any other User's use and enjoyment of the Site

• Use spiders, robots, data mining techniques or similar data gathering or extraction methods to catalog, download or otherwise reproduce, store or distribute the Marks or Site Content

• Post or transmit any information, software or other material that contains a virus or other harmful component
•  

Further, by participating in the Forums, you agree not to:

• Intimidate, harass or insult other Users

• Post, transmit, share or otherwise make available any language or material that is abusive, vulgar (including masked vulgarity), harmful, unlawful, infringing on the rights of others, fraudulent, threatening, hateful, harassing, defamatory, insulting, obscene, profane, racist, sexually explicit or otherwise objectionable

• Post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or entity or that would otherwise create liability or violate any local, state, national or international laws or regulation

• Post, transmit, share or otherwise make available any advertising, solicitations (for funds, goods, services or otherwise), promotional materials, "junk mail," "spam," "pyramid schemes" or any other commercial material, including, but not limited to, business and charity solicitations

• Post, transmit, share, or otherwise make available or solicit personal information such as phone numbers, addresses, social security numbers, last names (you may use last initials) or any other private information

• Post the same message or comment more than once

• Impersonate any person or entity (including, but not limited to, any Harpo or Sony employees or representatives), or falsely state or otherwise misrepresent yourself,  your age or your affiliation with any person or entity

• Use or attempt to use another Member's Account, without that Member's authorization

• Post, transmit, share or otherwise make available links to Third-Party Sites (as defined herein), except as otherwise permitted hereunder.

In addition, you are solely responsible for reading and complying with any supplemental terms and/or rules, including, without limitation, those for any contests, sweepstakes, promotions or other additional features made available on the Site.

User-Generated Content Posted in the Forums

We are not responsible for content posted, transmitted, shared or otherwise made available by Users on or through the Forums, including, but not limited to, trademarks, trade names, service marks, trade dress, articles, recipes, art, designs, graphics, text, postings, images, links, photographs, videos, information, music, song lyrics, sound and other files, (collectively, "User Generated Content" or "UGC"). We are a distributor (and not a publisher) of UGC. Accordingly, we have no more editorial control over such UGC than does a public library, bookstore, or newsstand. UGC does not reflect our opinions or views. Although we may monitor the Forums, we do not review all UGC. We do not endorse any UGC and make no warranties, whether express or implied, as to the accuracy, integrity or quality of any UGC. Under no circumstances will we be liable in any way for UGC, including, but not limited to, any errors or omissions in any UGC or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. We retain, however, the right (but have no obligation) to archive or make any Forum discussion "Read Only" or to reject, modify or remove any UGC (without notice or liability) if we, in our sole discretion, consider any UGC to be in violation of these Terms of Use or any House Rules or otherwise harmful to the Site. Regardless of whether we remove such UGC, Users remain solely responsible and liable for the UGC they supply.

By posting, transmitting, sharing or otherwise making available UGC on the Forums, you automatically grant, or warrant that the owner of such UGC has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, translate and distribute such UGC (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such UGC. You also permit any other User to access, view, store or reproduce the UGC for that User's personal use only. You hereby grant us the right to copy and distribute any UGC made available on the Site by You.  You represent and warrant that you are the sole creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to post the UGC submitted through your Account or otherwise posted, transmitted or shared by you on or through the Site. Additionally, you represent and warrant that no element of your UGC will violate or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy rights, right of publicity or other personal or proprietary rights. By using the Site, you further represent and warrant that you (and any licensor of content that you post on the Site), have waived any "moral rights" in connection with your UGC and that you will be solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any UGC posted by you on or through the Site. You are not entitled to any compensation for any UGC you post on the Site.

Links to Third-Party Sites

The Site may contain links to other sites ("Third-Party Sites") containing content, goods, services, and applications not owned by us (collectively, "Third-Party Content"). We do not control and are not responsible for the Third-Party Sites or Third-Party Content.  If you do not wish to visit third-party sites or you have any question as to whether a site is owned or controlled by us, you should investigate the site independently before visiting the site.

These Terms of Use apply to and govern our Site only. We do not endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any Third-Party Content, whether appearing on the Site or on a Third Party Site. Further, you hereby release us from any and all liability, direct or indirect, and for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any Third-Party Content, whether appearing on the Site or on a Third Party Site. You should direct any concerns to that Third-Party Site's administrator or webmaster. 

Copyright Complaints

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

Copyright. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), We have a designated agent for receiving notices of copyright infringement and follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide own copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:

E-mail address: copyright-agent@thenateshow.com

Name: Copyright Agent/The Nate Berkus Show

Mailing address: 555 West 57^th Street, Suite #1101, New York, New York 10019

Phone number: (310) 244-7850

Fax: (310) 244-1742

NOTE: This contact information is for inquiries regarding potential copyright infringement only.

Other Intellectual Property. If you believe that any content on the Site contains violates your exclusive rights other than copyrights, please provide us with at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on this Site to: contact us nb-webpolicy@thenateshow.com.

General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

We will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.

Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don't make false claims!

Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content. Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Disclaimers

THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, NOR ANY OF OUR RELEASED PARTIES (AS DEFINED BELOW), NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NEITHER WE NOR ANY OTHER RELEASED PARTIES, NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS, WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

We do not endorse, warrant or guarantee any products or services offered on the Site. We assume no responsibility for the monitoring of or any transaction between Users and third-party providers of products or services.

Personal Advice

The information contained in or made available through the Site (including, but not limited to, information contained in text files or in Forums) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Site.  Your access and use of the Site does not in any way create a privileged or other relationship that would give rise to any duties on our part or the part of our contributors.  We do not recommend or endorse any specific products, services, opinions, or other information that may appear on the Site.  Your use of or reliance on any information provided on the Site is solely at your own risk. We, and our licensors or suppliers, make no representations or warranties concerning any products, services, procedures, or the application thereof offered or provided within or through the Site. Neither we, nor our partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.  When making design decisions, always exercise common sense and prudent judgment.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE, OR ANY OTHER RELEASED PARTIES, OR ANY OF OUR LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND, IF APPLICABLE LAW PERMITS, EVEN IF DUE TO OUR OR OUR LICENSORS' OR SUPPLIERS' NEGLIGENCE. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US OR ANY OTHER RELEASED PARTIES, OR ANY OF OUR LICENSORS OR SUPPLIERS, IF ANY, FOR ACCESSING THE SITE.

Injunctive Relief

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any of our or our affiliates' motion pictures, productions or projects, or the use, publication or dissemination of any advertising in connection with such motion pictures, productions or projects.

Indemnity

You agree to defend, indemnify and hold harmless Harpo, Sony, their affiliated companies and related entities, including, but not limited to, OWN: The Oprah Winfrey Show and Entrada Productions, Inc., and their directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees (the “Released Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney's fees) arising from or in connection with: (i) your use of the Site in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) your UGC, (iv) your use of materials or features available on the Site (except to the extent a claim is based upon infringement of a third-party right by materials created by us) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Unsolicited Submissions

We welcome your comments about the thenateshow.com Site However, we will not review or consider any unsolicited submissions, such as articles, e-books, photos, video clips, and graphics. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff appear to others to be similar to their own work. If, despite our request, you send us any unsolicited ideas, suggestions or material(s) (collectively, "Submission(s)"), such Submissions will become our property. We are not obligated to keep any Submission confidential, and we will not be liable for any use or disclosure of any such Submission. We will exclusively own all known or later-existing rights to the Submissions worldwide and in perpetuity and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.

If you are submitting something to a Third-Party Site that contains a submissions policy, please consult that site for its specific requirements.

Privacy Policy

Please read our Privacy Policy, which is incorporated into these Terms of Use by reference.

Jurisdictional Issues

We control and operate the Site from our offices in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. People who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

These Terms of Use will be governed by, and construed in accordance with, the internal laws of the State of New York, without regard to its choice of laws principles. You agree that any and all disputes that may arise out of or relate to these Terms of Use shall be submitted for resolution to the American Arbitration Association's ("AAA") New York, New York, office. In agreeing to arbitrate such disputes you agree to waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final and judgment may be entered into it in accordance with the applicable law in a court of competent jurisdiction, New York, New York. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA's New York, New York, office. If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then that provision shall be severed from the remaining Terms of Use and will not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein. This agreement may be modified only by our posting of changes to these Terms of Use or by a writing signed by both you, Sony and Harpo.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TOS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS PARAGRAPH, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.