This website is owned and operated by Lifetime Entertainment Services (referred to as "Lifetime," "we," "us" or "our" herein).
PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your assent to these Terms and the terms and conditions of the Lifetime Entertainment Services Privacy Policy which is located at www.lifetime.tv and which is incorporated herein by reference, whether you are a "Visitor" (which means that you simply browse the website) or you are a "Member" (which means that you have registered with the website. The term "User" refers to a Visitor or a Member. If you do not agree to these Terms, please do not use the website.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. We will announce any change publicly, such as by sending an email notice to all Users who have opted-in to receive email communication from Lifetime and/or posting a notice on the website's home page. Your continued use of the Lifetime website following the announcement of changes to these Terms will mean you unconditionally accept those changes.
1. RESTRICTIONS ON USE OF MATERIALS
No material from this website, including without limitation website text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, "Content") and the trademarks, service marks and logos contained therein (collectively, "Marks"), may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Lifetime or the applicable owner of such Content and Marks. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.. Modification of the Content or use of the Content for any other purpose is a violation of Lifetime's copyright and other proprietary rights. For purposes of these Terms, the use of any such Content on any other website or networked computer environment is prohibited.In the event you download software from the website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Lifetime. Lifetime does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Lifetime retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
2. SUBMISSIONS/USER GENERATED CONTENT
Lifetime is pleased to hear from its loyal fans and welcomes your comments regarding Lifetime products, including Lifetime's online services (e.g.,lifetimetv.com). Unfortunately, however, Lifetime's long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Lifetime's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any unsolicited original creative materials such as stories or character ideas, screenplays or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.If you send or post anything on or to the website (e.g., postings to community discussion boards, entries to contests, email messages sent through our personal mailbox feature), (collectively, the "Submissions"), you grant to Lifetime and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submission. None of the Submissions disclosed in community postings or in any other area of the website shall be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part, all Submissions will be deemed non-confidential, and we shall not be liable for any use or disclosure of any Submissions. Any unsolicited hard-copy Submissions sent to Lifetime will not be acknowledged or returned and shall be deemed, and shall remain, the property of Lifetime.
3. COMMUNITY AND PUBLIC COMMUNICATION
Lifetime hereby grants you permission to use the website as set forth in these Terms and to participate in our online community, provided that without limiting the foregoing, you agree that you will not use our website to take any of the following actions:- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others. This includes, but is not limited to, posts, that in Lifetime's sole discretion, are considered personal attacks, harassing, offensive, vulgar, abusive, hateful or bashing – especially those aimed at sexual orientation, gender, race, color, religious views, national origin or disability, whether aimed at Users or Lifetimetv.com;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our website, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file from the website that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other User from using and enjoying any public area within our website;
- Collect or store personal information about other Users;
- Interfere with or disrupt our website, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a Lifetime representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our website or to manipulate your presence on our website;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
Lifetime reserves the right, in its sole and absolute discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the website at any time, for any or no reason, with or without prior notice or warning, and without liability.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our website, deny you access to our website, or any combination of these actions.
In order to access some features of the website (e.g., participation in our community), you will be required to become a Member. You may never use another Member's account without permission. When creating your Member account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You assume the risk of any breach of security or unauthorized use of your account. You also acknowledge that failure to properly exit from your accounts at the end of each session may result in unauthorized use of your account. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. Although Lifetime will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to Lifetime or others due to such unauthorized use.
Your safety and privacy — as well as those of others — are important to Lifetime. Please, keep your own and anyone else's personal information private. This includes street addresses, phone numbers, passwords, Social Security numbers, the name of your children's school, etc.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to the Lifetime servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lifetime grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lifetime reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website.
Any opinions and recommendations expressed in the community are those of the person expressing such views and not those of Lifetime. Lifetime is not responsible for and does not assume any liability for the comments and opinions expressed by community members. You agree to hold Lifetime, its affiliates, employees, community administrators and community hosts free of responsibility for any potentially damaging content posted by you or other community members or sent through the personal mailbox feature. You acknowledge that Lifetime does not control and does not edit the specific content of your messages and personal notes or the messages and personal notes by other community participants. Users shall remain solely responsible for the content of their Submissions, messages, and any other material they post to the website or send to other Users.
Content posted to the community or in personal notes is for information and entertainment purposes. Any content posted that contains medical information is not intended to be a substitute for medical consultation or advice. If you are concerned or unsure about your medical condition, please consult a physician.
Lifetime hosts will do their best to monitor the community, but please remember that the hosts are not available 24 hours a day, seven days a week. If you find objectionable Submissions, you may click on the “Flag this post” link and Lifetime will be notified and investigate the posting. Lifetime makes no warranties, and hereby expressly disclaims all such warranties, express or implied, as to the Submissions or to the accuracy and reliability of the Submissions or any material or information that a Member transmits to other Members. If at any time we choose, in our sole discretion, to monitor the website, we nonetheless assume no responsibility for the Submissions, no obligation to modify or remove any inappropriate Submissions and no responsibility for the conduct of the Member submitting any such Submission.
Occasionally, we may need to communicate with you personally concerning your participation in one or more of the website’s features, or related matters. Those communications are not intended to be made public, and you agree not to post those communications to Lifetime or elsewhere on the Internet.
It is our policy to respect the privacy of all Users. Therefore, in addition to the privacy of a Member's account information (see our Privacy Policy), we will not monitor, edit or disclose the contents of a User's e-mail unless required in the course of normal maintenance of Lifetime and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Lifetime; (2) protect and defend the rights or property of Lifetime; or (3) act in an emergency to protect the personal safety of our Users or the public.
4. JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting programs, films and other products available in the United States and its territories, possessions and protectorates, and in the Bahamas, Bermuda and the Caribbean Islands. This website is controlled and operated by Lifetime from its offices within the State of New York, United States of America. Lifetime makes no representation that materials in the website are appropriate or available for use in other locations. Those who choose to access this website 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. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.5. DISCLAIMER
THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIFETIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIFETIME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIFETIME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT LIFETIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.Further, Lifetime explicitly disclaims any responsibility for the accuracy, content or availability of information found on websites that link to or from Lifetime from third parties not associated with Lifetime. Lifetime encourages discretion when browsing the Internet using our or anyone else’s service. Because some websites employ automated search results or otherwise link you to websites containing information that may be deemed inappropriate or offensive, Lifetime cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect to such websites.
Lifetime cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from Lifetime, since other shop channels are owned and operated by independent retailers. Lifetime does not endorse any of the merchandise, nor has Lifetime taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. Lifetime does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIFETIME BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF LIFETIME OR A LIFETIME AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LIFETIME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE] OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Lifetime, its parent corporation, officers, directors, employees and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Lifetime website; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party.8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- 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 and information reasonably sufficient to permit the Lifetime to locate the material;
- Information reasonably sufficient to permit the Lifetime to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to Lifetime's Copyright Agent:
Vice President, Business and Legal Affairs
Lifetime Entertainment Services
309 West 49th Street
New York, NY 10019
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Lifetime online customer service or you can reach us by telephone at 212-424-7122 (Viewer Relations). You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Upon receipt of the written notification as outlined above:
- Lifetime will remove the material that is alleged to be infringing; and
- Lifetime will forward a copy of the written notification to the alleged infringer.
The alleged infringer has the right to file a counter-notification by providing the Copyright Agent with the following information:
- A physical or electronic signature.
- Identification of the material that has been removed and the location at which the material appeared before it was removed.
- A statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed.
- His/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person
9. SWEEPSTAKES, CONTESTS AND PROMOTIONS
Any sweepstakes, contest or similar promotion made available through the Website will be governed by specific rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or promotion, you will become subject to those specific rules, though you remain subject to these Terms to the extent they do not conflict with the specific rules.10. USER DISPUTES
You are solely responsible for your interactions with other Lifetime Users. Lifetime reserves the right, but has no obligation, to monitor disputes between you and other users.11. ABILITY TO ACCEPT TERMS
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are 13 years of age or older, as the Lifetime website is not intended for children under 13. Your membership may be terminated without warning, if we discover you are under 13 years of age.12. OTHER
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of New York in the borough of Manhattan and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.13. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the website is Lifetime Entertainment Services, 309 West 49th Street, New York, NY 10019. To file a complaint regarding the website or to receive further information regarding use of the website. send a letter to the above address, contact us via e-mail or telephone us at 212-424-7122 (Viewer Relations). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
©2007 Lifetime Entertainment Services. All Rights Reserved.
LAST UPDATED: 9/14/07
