IN THE LIFE MEDIA, INC.
TERMS OF USE AND PRIVACY POLICY
General
This website (the "Website") is operated by In The Life Media, Inc. ("IN THE LIFE"). 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.
IN THE LIFE 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 IN THE LIFE 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.inthelife.tv; www.inthelifemedia.com; www.inthelifemedia.net; www.inthelifemedia.org; www.inthelifetv.net; www.inthelifetv.org; www.inthelifetv.tv; www.itlmedia.org; www.itltv.org; www.itl.tv
Orders may only be placed on the Website by individual consumers and corporations purchasing goods other than for resale. Any resale or distribution of IN THE LIFE products purchased on IN THE LIFE is strictly prohibited.
IN THE LIFE 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 bottom of each page of these 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.
Ordering, Purchasing and Shipping
The Website may be used to order a selection of IN THE LIFE 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 IN THE LIFE products in the photographs displayed on the Website are representative of the original products, variations may occur due to technological and other reasons. Accordingly, IN THE LIFE 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 IN THE LIFE 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.
IN THE LIFE 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).
Access and Proprietary Rights
THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT IN THE LIFE'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, drawings, designs, illustrations, photographs, sound tracks, video, 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 IN THE LIFE. 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 IN THE LIFE trademark and the Domain Names are and will remain the exclusive property of IN THE LIFE. Your failure to comply with the foregoing restrictions will result in infringement, misappropriation or other violation of the intellectual property and contractual rights of IN THE LIFE 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 IN THE LIFE, 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 IN THE LIFE or any third party.
With the exception of personal, identifiable information about you (e.g., your name and address or your credit card number) IN THE LIFE may reproduce, publish and otherwise use information and other materials you send it by electronic mail or other means, including any ideas, inventions, works-of-authorship, concepts, techniques, or know-how incorporated or disclosed therein, for any purpose, including the purpose of developing, manufacturing, marketing and/or selling products or services incorporating, embodying or covered by such information or materials or the intellectual property rights therein. You hereby grant to IN THE LIFE a perpetual, non-exclusive, world-wide, sub-licensable, royalty-free and fully paid license to copy, display, perform, distribute and otherwise use this information and material and the intellectual property covering or embodied by it for any lawful purpose including, without limitation, the purposes described above.
Privacy and Security
IN THE LIFE DOES NOT SELL, OR OTHERWISE DISSEMINATE, PRIVATE CUSTOMER INFORMATION TO THIRD PARTIES, EXCEPT AS OUTLINED BELOW IN THE PRIVACY POLICY.
All information submitted on the Website might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize. For further information on the protection of your privacy, please see the Privacy Policy below.
IN THE LIFE 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; IN THE LIFE cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.
Limitation of Liability
IN NO EVENT SHALL IN THE LIFE 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 IN THE LIFE 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 IN THE LIFE 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 IN THE LIFE CORRECT THE MATTER OR, IF IN THE LIFE 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 IN THE LIFE'S LIABILITY EXCEED AN AMOUNT EQUAL TO ALL FEES OR CHARGES PAID BY YOU TO IN THE LIFE IN CONNECTION WITH YOUR ACCESS TO THIS WEBSITE AND OR PURCHASE OF ANY GOODS OR SERVICES OFFERED ON THE WEBSITE.
Disclaimer of Warranty
IN THE LIFE 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 IN THE LIFE 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, IN THE LIFE DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED BY OR PROVIDED TO USERS OF THIS WEBSITE.
IN THE LIFE 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, IN THE LIFE shall be entitled to seek and obtain injunctive or other equitable relief in a New York court to protect its rights.
Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction, as well as the laws of other countries if you are not located in the United States. 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.
PRIVACY POLICY
Security, Identity and Personal Information
IN THE LIFE has created this Privacy Policy in order to demonstrate our firm commitment to privacy and to establish certain guidelines for your use of the Website. The Privacy Policy governs the use of any personal information you consciously provide to IN THE LIFE.
Additionally, IN THE LIFE has implemented security measures to protect the personal information you provide against unauthorized access and use. This Website has security measures in place to protect against the loss, misuse and alteration of the information under our control. However, all security is subject to possible circumvention, and we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us.
Archiving and Preservation of Information
All financial information you provide on the Website is stored on a secure site operated by IN THE LIFE's financial institution. Transactions conducted on the Website are protected by an SSL encrypting system. Please be aware, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by persons other than the intended recipient.
IN THE LIFE archives all information, including personal information, and stores that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under this Privacy Policy and with whom we have a contractual relationship. Archived information will not ordinarily be erased unless and until your entire account with IN THE LIFE is deleted, and even then we may retain some or all of your information on back-up files.
If you have any questions about this privacy statement, the practices of the Website, or your dealings with the Website, you can contact a representative of IN THE LIFE at webmaster@inthelifetv.org.
The following discloses our information gathering and dissemination practices for the Website:
What Information Is Collected by IN THE LIFE?
You may use the Website without providing any personal information to IN THE LIFE. However, if you choose to purchase products or make donations on the Website, for payment and processing purposes, you will need to provide certain information, including your name, address, telephone number and e-mail address, as well as certain financial information (such as your charge or credit card number). Any information you provide on the Website may be stored on IN THE LIFE's mainframe server. You may delete your personal information at any time as soon as your order has been processed and delivered by emailing IN THE LIFE at webmaster@inthelifetv.org. Please note that IN THE LIFE may collect non-personal information about you even if you do not purchase any products on the Website; see "Cookies."
What Use is Made of the Information You Provide to IN THE LIFE?
IN THE LIFE DOES NOT SELL, OR OTHERWISE DISSEMINATE, PRIVATE CUSTOMER INFORMATION TO THIRD PARTIES, EXCEPT AS OUTLINED BELOW.
However, IN THE LIFE may disclose the information you provide on the Website to other companies working in conjunction with IN THE LIFE to process and deliver your order, such as third parties who authenticate payments and process or ship orders, and third parties that provide credit reporting, payment or order fulfillment services.
Additionally, all personal information provided by users of the Website may be shared with present affiliates as well as future IN THE LIFE partners in joint venture, cooperative marketing, strategic alliance or similar agreements. In the event that IN THE LIFE, or all or part of its assets, are acquired by a third party, our customer list and personal information provided by you may be included in the transferred assets. While IN THE LIFE will use commercially reasonable efforts to cause such third parties to comply with this Privacy Policy, IN THE LIFE does not control the policies or practices of third parties to which IN THE LIFE discloses this information, and use of such information by these third parties may not be governed by this Privacy Policy.
IN THE LIFE may disclose your information if we believe in good faith that such disclosure is necessary to comply with applicable law, a subpoena or other legal process or special circumstances such as the filing of a criminal complaint. Notably, IN THE LIFE may deem a disclosure necessary to identify, contact or bring legal action against a person or entity who may be violating the these Terms of Use, or who may be causing injury to, or interfering with, other users of the Website. This disclosure may be necessary to identify or question any individual who, intentionally or unintentionally, damages the property or infringes the rights of IN THE LIFE, other Website users, or any persons penalized as a result of such actions.
Cookies
Cookies are small files placed on the hard drives of visitors to the Website. The cookies reflect identifying information about each user and retain certain non-identifying information about the user's use of the Website. These cookies are accessible to IN THE LIFE and its third party advertisers as users browse the Website. Most Internet browsers are initially set to accept cookies. Users are always free to decline cookies if their browser permits; however, it is possible that some parts of the Website, such as the areas where access is limited to registered users, will not function properly if the user's cookies are disabled.
IN THE LIFE reserves the right to use cookies and similar devices on the Website to facilitate site-navigation and to customize the information that appears on the Website. While most browsers accept cookies automatically, they can also be configured not to do so. We recommend that you do not disable your browser from accepting cookies, as it will prevent you from moving freely from page to page and from taking advantage of all of the features of the Website.
Links
This Website may contain links to other websites operated or controlled by third parties. Use of these links to access other Internet sites is at your own risk, as IN THE LIFE has no control over the content, policies or actions of these websites. The use of any information you may provide to third parties on other websites, or which such parties may otherwise collect on other websites, is not governed by this Privacy Policy. IN THE LIFE is not responsible for the accuracy, reliability or quality of any information, goods or services provided or sold at these sites and cannot be responsible for any third party, or its affiliates or agents, failing to use your personal information in accordance with such third party's privacy policy, or any contractual or other legal obligations to which such third party, its affiliates or agents, may be subject.
Changes and Updates to the IN THE LIFE Privacy Policy
By using the this Website, you consent to the collection, use and disclosure of your information as described in this Privacy Policy. This Privacy Policy reflects IN THE LIFE's current business practices, and is subject to change and update without notice. In the event of any such change or update, a revised policy will be posted online on the Website, with the last date of update noted on the bottom of the page. Please check the Website periodically to remain informed of any changes or updates to our privacy policies and practices.