Terms & Conditions

Terms & Conditions

IN THE LIFE MEDIA, INC.

TERMS OF USE 

General


This website (the "Website") is operated by In The Life Media, Inc. ("ITLM"). Your use of the Website and your purchase of any goods or services offered on the Website are subject to the following terms of use (the "Terms of Use") and related privacy policy (the "Privacy Policy"). By accessing, viewing, displaying or otherwise using the pages of the Website, you agree to comply with, and be bound by, these Terms of Use and the Privacy Policy. If you do not wish to be bound by these Terms of Use or the Privacy Policy, you must not access or use the Website.

ITLM reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that ITLM determines has violated any aspect of these Terms of Use, as well as the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use.
The Website is accessible at the following uniform resource locators (collectively, the "Domain Names"): www.inthelifetv.org;  www.inthelifemedia.com; www.inthelifemedia.net; www.inthelifemedia.org; www.inthelifetv.net; www.itlmedia.org; and www.itltv.org.

Orders may only be placed on the Website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of ITLM products purchased on ITLM is strictly prohibited.

ITLM may change or update these Terms of Use and the Privacy Policy from time to time, and you will be bound by any such changes or updates if you access or use the Website after the date such changes or updates are first included in these Terms of Use or the Privacy Policy. The date at the bottom of the Terms of Use and the Privacy Policy indicates the last date on which any such changes or updates were made.
Please read the included Terms of Use carefully.

Electronic Communications

When you visit this Website or send e-mails to ITLM, you are communicating with ITLM electronically.  You consent to receive communications from ITLM electronically.  ITLM will communicate with you by e-mail or by posting notices on this Website.  You agree that all agreements, notices, disclosures and other communications that ITLM provides to you electronically satisfy any legal requirement that such communications be in writing.

Ordering, Purchasing and Shipping

The Website may be used to order a selection of ITLM products or services online via the Internet. Please check that the ordering information on your summary page accurately reflects your selection before confirming your order, and submitting it for processing. While every effort is taken to try to ensure that the color, design and style of the ITLM products in the photographs displayed on the Website are representative of the original products, variations may occur due to technological and other reasons. Accordingly, ITLM is not liable for any such variation in the photographs or graphical representations of products displayed on the Website.

Should any item or service become unavailable after you have confirmed your order, we will inform you of this fact as expeditiously as possibly via e-mail or telephone and offer you the option to order a different item or service or to otherwise cancel your order. Confirmation of your order will be taken as proof of your acceptance of all the provisions in these Terms of Use. In the event of a dispute between ITLM and one of its customers relating to a transaction conducted on the Website, the data recorded by the Website shall be treated as conclusive evidence of the details of the transaction.

ITLM reserves the right to cancel any order placed by a customer with whom it has a dispute concerning a prior order, or should it have reasonable cause to suspect that such customer has violated these Terms of Use or the Privacy Policy, or is engaged in any fraudulent activity.
Customers accept all risk for goods purchased from the Website upon shipment (including loss, theft, or damage of any order).

License, Access and Proprietary Rights


ITLM grants you a nonexclusive, limited, revocable, non-transferable and non-sublicensable license solely to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ITLM or as otherwise expressly stated in these Terms of Use.  This license does not include: (i) any resale or commercial use of this Website or its contents; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of this Website or its contents; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools.  This Website or any portion of this Website may not be reproduced, displayed, streamed, broadcast, recorded, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ITLM.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ITLM without express written consent.  You may not use any meta tags or any other “hidden text” utilizing ITLM’s name or trademarks without the express written consent of ITLM.  You are granted a nonexclusive, limited, revocable, non-transferable and non-sublicensable right to create a hyperlink to the home page of the ITLM Website so long as the link does not portray ITLM, or its products or services in a false, misleading, derogatory, or otherwise offensive manner.   You may not use any ITLM logo or other proprietary graphic or trademark as part of the link without express written permission.  Any unauthorized use of this Website or any portion of this Website shall result in immediate termination of the permission or license granted by ITLM.  Your failure to adhere to the Terms of Use or Privacy Policy shall result in immediate termination of the permission or license granted by ITLM.

THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT ITLM's WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH BELOW. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

All material on the Website (including, without limitation, software, drawings, designs, graphics, icons, images, illustrations, photographs, audio clips, sound tracks, digital downloads, video, data compilations, written text and logos), together with the copyright, trademark and other intellectual property covering or embodied by such materials are and shall remain the exclusive property of ITLM. Reproduction (by any means or process, except as expressly provided herein, totally or in part), distribution, publication, transmission, the creation of derivative works, modification or sale of any material found on the Website is STRICTLY PROHIBITED. The ITLM trademark and the Domain Names are and will remain the exclusive property of ITLM. ITLM’s trademarks and trade dress may not be used in connection with any product or service that is not ITLM’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ITLM.  All other trademarks not owned by ITLM that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ITLM.  Your failure to comply with the foregoing restrictions will result in infringement, misappropriation or other violation of the intellectual property and contractual rights of ITLM or third parties and could result in substantial civil and criminal penalties. Any reproduction, distribution, transmission, modification or use of the trademarks for any purpose, including use for creative work or to sell or promote other products or to provide competing services, without prior, express agreement of ITLM, is prohibited.

You may not remove any copyright, trademark or other proprietary notice contained on the Website or any content contained therein. You may make a single copy of web pages published on the Website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein. Except as expressly set forth, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of ITLM or any third party.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews and comments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. ITLM reserves the right (but does not have the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content, and unless we indicate otherwise, you grant ITLM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ITLM and sublicensees the right to use the name that you submit in connection with such content, if they choose.  You represent and warrant that: (i) you own or otherwise control all of the rights to the content that you post; (ii) the content is accurate; (iii) use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (iv) you will indemnify ITLM for all claims resulting from content you supply.  ITLM has the right but not the obligation to monitor and edit or remove any activity or content.  ITLM takes no responsibility and assumes no liability for any content posted by you or any third party.

Privacy and Security

ITLM DOES NOT SELL, OR OTHERWISE DISSEMINATE, PERSONAL INFORMATION ABOUT CONSUMERS TO THIRD PARTIES, EXCEPT AS EXPRESSLY STATED IN THE PRIVACY POLICY.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ITLM reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

ITLM uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, "perfect security" does not exist on the Internet; ITLM cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.  For further information on the protection of your privacy, please see the Privacy Policy.
Limitation of Liability

IN NO EVENT SHALL ITLM BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF THIS WEBSITE.

IN NO EVENT SHALL ITLM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY PURCHASE OR USE OF ITS PRODUCTS, INCLUDING WITHOUT LIMITATION: OPERATIONAL LOSS, COSTS OF REPLACEMENT GOODS OR SERVICES, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF OPPORTUNITY AND OTHER INTANGIBLE LOSSES, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE OR THE USE OR INABILITY TO USE THIS WEBSITE, AS WELL AS LOSS OR DAMAGE AS A RESULT OF USE OF THE PRODUCTS OR SERVICES SOLD ON THIS WEBSITE, EVEN IF ITLM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion of consequential or incidental damages, the above limitation may not apply to you.

YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION IN THIS WEBSITE OR ANY GOODS OR SERVICES OFFERED FOR SALE ON THIS WEBSITE SHALL BE, IN THE CASE OF THE WEBSITE, TO REQUEST THAT ITLM CORRECT THE MATTER OR, IF ITLM FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE AND, IN THE CASE OF ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE, REPLACEMENT OR SUBSTITUTION OF SUCH GOODS OR SERVICES FOR GOODS OR SERVICES OF THE SAME OR LESSER VALUE, AT YOUR OPTION. IN NO EVENT SHALL ITLM'S LIABILITY EXCEED AN AMOUNT EQUAL TO ALL FEES OR CHARGES PAID BY YOU TO ITLM IN CONNECTION WITH YOUR ACCESS TO THIS WEBSITE AND OR PURCHASE OF ANY GOODS OR SERVICES OFFERED ON THE WEBSITE.

Disclaimer of Warranty


ITLM does not guarantee or represent that: (i) the Website is free from viruses, worms, Trojan horses or other destructive material; or (ii) that the information contained on the Website is accurate, complete or up to date. This Website may contain technical inaccuracies or other defects and ITLM does not guarantee that any such defects will be corrected.

USE OF THIS WEBSITE AND THE CONTENTS WITHIN ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. EXCEPT AS EXPRESSLY STATED IN WRITING IN THE APPLICABLE TERMS AND CONDITIONS OF SALE ACCOMPANYING A PARTICULAR PURCHASE, ITLM DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED BY OR PROVIDED TO USERS OF THIS WEBSITE.

ITLM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND ITS CONTENTS, OR USE OF GOODS OR SERVICES SOLD ON THIS WEBSITE.

Terms of Use for Dispute Resolution and Choice of Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York without regard to its conflict of law provisions. Any legal proceedings relating to these Terms of Use or the Website shall be initiated in a state or federal court located in New York, New York, and use of the Website demonstrates your consent to the exclusive jurisdiction of such courts. In the event of a dispute, ITLM shall be entitled to seek and obtain injunctive or other equitable relief in a New York court to protect its rights. Information on this Website may be subject to U.S. export and re-export control restrictions.

If any of the provisions of these Terms of Use are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of these Terms of Use.  These Terms of Use are freely assignable by ITLM in connection with a merger, acquisition, reorganization or sale of all or substantially all of ITLM’s assets.

Please review our Privacy Policy [link] posted on this Website, which also governs your visit to the Website.  We reserve the right to make changes to this Website, our services, our Privacy Policy and these Terms of Use at any time.

LAST UPDATED:12/29/2011