Terms of Use

Updated September 23, 2009

CAUTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE LIFETIME SITES (AS DEFINED BELOW). BY ACCESSING, USING OR OBTAINING ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE LIFETIME SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN PLEASE DO NOT USE THE LIFETIME SITES.

WE RECOMMEND YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.

Acknowledgement and Acceptance

Lifetime Entertainment Services, LLC, and/or its subsidiaries and affiliated entities (collectively, "Lifetime", "we", or "us") own and/or operate a network of Web sites, which includes www.mylifetime.com, www.lmn.tv, www.mothersclick.com, www.momblognetwork, www.dressupchallenge.com, www.lifetimemoms.com, and www.roiworld.com (collectively, the "Lifetime Sites" or our "Sites"). These Terms of Use (“Terms”) set forth the terms and conditions that apply to your use of the Lifetime Sites. From time to time, Lifetime may supplement these Terms with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Lifetime Sites to be viewed in connection with the specific content, contests, sweepstakes and other promotions, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms. The Lifetime Sites are provided free of charge to you (unless otherwise indicated).

Although areas of the Lifetime Sites may be viewed simply by visiting the relevant web site, in order to post on the message boards and/or receive additional services from Lifetime you need to register as a member (“Member”). Registering as a Member will allow you to utilize certain services and non-public restricted areas of the Lifetime Sites (the “Member Areas”) that are not available to visitors of the Lifetime Sites (“Visitors”). Although only Members may utilize the Member Areas, Visitors (collectively with Members, “Users”) may access the Public Areas (as defined below) and are subject to these Terms. For the purposes of these Terms, “you” or “your” shall refer to you as a Visitor to or Member of any Lifetime Site.

Changes to these Terms

Lifetime may modify these Terms from time to time. When we post changes to these Terms, we will revise the updated date at the top of these Terms. Upon any material modification to these Terms, we will notify Members by sending an e-mail to the e-mail address(s) provided to us in a Member’s account, profile or registration, by sending you a Member notice by regular mail if such Member did not provide us with an e-mail address, and/or by prominently posting notice of the changes on the Lifetime Sites together with a description of the modifications made. The modified Terms will be effective immediately upon its posting on the Lifetime Sites. Your continued use of the Lifetime Sites after the posting of the modified Terms on the Lifetime Sites constitutes your agreement to abide and be bound by such terms, as modified. Should you object to any modification, your sole recourse is to terminate your use of the Lifetime Sites. We recommend that you check the Lifetime Sites from time to time to inform yourself of any changes in these Terms or any of our other policies. These Terms may not otherwise be modified, except in a writing signed by both parties. These Terms and any Additional Terms constitute the entire agreement of the parties with respect to the matters contemplated hereby.

Changes to the Lifetime Sites

Lifetime may modify or discontinue the Lifetime Sites, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.

Registration Information

When you register for any Lifetime Site, you will be required to provide Lifetime with the following information: your name, e-mail address, zip code, state, gender, birth date, username and password. In addition, you may choose to provide Lifetime with additional information, including your mailing address, household income, education, marital status, number of children and employment status.

In order to use the Member Area, a Member must: (a) provide certain current, complete, and accurate information about the Member; (b) maintain and update such Member information as required to keep information current, complete, and accurate; (c) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (d) provide for the Member’s own access to the World Wide Web; and (e) pay any telephone, data, hosting or other service fees associated with such access. Lifetime reserves the right to terminate your membership and access to any specific content, services, digital products, products courses or events if Lifetime learns that you have provided Lifetime with false or misleading registration information. Lifetime reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.

You represent to Lifetime that you have the authority to register with or use the Lifetime Sites according to these Terms. You affirm that you are either 18 years of age or older, or an emancipated minor, or are over the age of 13 and possess legal parental or guardian consent, and are fully able and competent to enter into these Terms, and to abide by and comply with these Terms.

Privacy Policy

Any personal information provided by you, as a Member or a Visitor of any Lifetime Site, or gathered by Lifetime or third parties during any visit to any Lifetime Site shall be subject to the terms of Lifetime’s Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Lifetime’s Privacy Policy.

Member Password and Security

Access to and use of the Member Areas is through a combination of your username and a password that you provide to Lifetime when you register to use the Lifetime Sites. You are responsible for maintaining the confidentiality of your information and passwords. You are entirely responsible for any and all activities which occur under your username and password whether or not authorized by you. You agree to immediately notify Lifetime of any unauthorized use of your registration or password.

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 any Lifetime Site, deny you access to any Lifetime Site, or any combination of these actions.

Although Lifetime will not be liable for losses caused by any unauthorized use of Member’s account, Member may be liable for the losses of Lifetime or others due to such unauthorized use.

Member Conduct

You agree that when using the Lifetime Sites, you will act in a manner consistent with the goals of the Lifetime Sites, and by way of example, and not as a limitation, you specifically agree that:

a. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.

b. You will not post information on or download information from the Lifetime Sites unless you have all rights and authority necessary to do so.

c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or other material or information that Lifetime in its sole discretion views as objectionable to the Lifetime Sites, including but not limited to, text, graphics, audio, and video files.

d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any User or representative of Lifetime.

e. You may express your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.

f. You will not impersonate another person or entity, including but not limited to, a Lifetime representative, or communicate under a false name or a name that you are not entitled or authorized to use.

g. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.

h. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Lifetime Sites.

i. You will not post any files that contain viruses, corrupted files, or any other similar software, programs or routines that may damage the operation of another’s computer.

j. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Lifetime servers, Lifetime software, or any areas of the Lifetime Sites not intended for your access.

k. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Lifetime for such purposes.

l. You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.

m. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses any Lifetime Site 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 any Lifetime Site 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.

n. You agree not to collect or harvest any personally identifiable information, including without limitation usernames, from any Lifetime Site, nor to use the communication systems provided by any Lifetime Site for any commercial solicitation purposes.

o. You agree not to solicit, for commercial purposes, any Users of the Lifetime Sites.

Lifetime neither endorses your products or services, nor the content of the your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Lifetime Sites.

License Grant and Content

Subject to these Terms, Lifetime hereby grants you a nonexclusive, nontransferable right to (a) access the Lifetime Sites; (b) access the information, materials, research, studies, reports text, graphics, images, sound files, animation files, video files, software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), games and any other material made available through the Lifetime Sites (the “Content”); and (c) download, print and use one copy of the Content for your personal or internal use only. Unauthorized access to the Lifetime Sites, or to the telecommunications or computer facilities used to deliver the Lifetime Sites, is a breach of the Terms and is a violation of law.

In the event you download Software from the Lifetime Sites, the Software is licensed to you by Lifetime pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software, if any. 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.

No Content or 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.

Except as specifically permitted in these Terms, you shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Lifetime Sites in any manner which violates this these Terms or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Lifetime Sites (except as local law may permit without violation of local copyright law); or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you will provide Lifetime with evidence of compliance with this Section. Any special rules for the use of Software and other Content accessible on the Lifetime Sites may be included elsewhere within the Lifetime Sites and are incorporated into these Terms by reference.

The Content of the Lifetime Sites is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes both material owned or controlled by Lifetime and material owned or controlled by third parties and licensed to Lifetime. Except for Content you post to the Lifetime Sites, title to all Content remains with Lifetime or the third party owners of such Content. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by Lifetime.

Submissions

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.

However, if you send creative ideas, suggestions or materials to Lifetime that it has not specifically requested ("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 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.

User Content

As a User, you may post or submit content to any Lifetime Site ("User Content"). User Content does not include Submissions. You understand that whether or not such User Content is published, Lifetime does not guarantee any confidentiality with respect to any User Content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lifetime to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Lifetime Sites and these Terms.

For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to the Lifetime Sites, you hereby grant Lifetime a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Lifetime Sites and Lifetime’s business, including without limitation for promoting and redistributing part or all of the Lifetime Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Lifetime Sites a non-exclusive license to access your User Content through the Lifetime Sites, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Lifetime Sites and under these Terms. You understand and agree, however, that Lifetime may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content are perpetual and irrevocable.

You further agree that (a) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lifetime all of the license rights granted herein; and (b) you will not, in connection with User Content, submit material that is contrary to applicable local, national, and international laws and regulations.

Lifetime does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Lifetime expressly disclaims any and all liability in connection with User Content. Lifetime does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Lifetime will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. Lifetime reserves the right to remove Content and User Content without prior notice and expressly reserves it rights under the Good Samaritan provisions of Communications Decency Act, Title 47, United States Code, Section 230(c)

Any opinions and recommendations expressed on the Lifetime Sites 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 Users. You agree to hold Lifetime, its affiliates, employees, community administrators and community hosts free of responsibility for any potentially damaging User Content posted by you or other Users or sent through the personal mailbox feature. You acknowledge that Lifetime does not control 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 their User Content.

Public and Member Areas

If you use a Public Area of the Lifetime Sites where Users are allowed to access communications or other content, or use a Member Area of the Lifetime Sites where Members are allowed to post communications or other content, you agree that you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or the Member Areas. Lifetime is not responsible for the consequences of any communications in the Public Areas or the Member Areas. Although Lifetime may from time to time periodically monitor the content posted on the Lifetime Sites, it is under no obligation to do so. Lifetime attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, Lifetime makes no guarantee with respect to your experience of the Lifetime Sites. Anyone who feels that a posted message or image is objectionable is encouraged to notify Lifetime immediately. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you are dissatisfied with any communications posted to any Lifetime Site, your sole recourse is to terminate your use of the Lifetime Sites.

Lifetime reserves the right (but is not obligated) to, without limitation: (a) record the communications in Public Areas and Member Areas; (b) investigate any allegation that a communication does not conform to these Terms and determine in its sole discretion to remove or request the removal of the communication; (c) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the guidelines above or otherwise with these Terms; (d) monitor, edit, or disclose any communication in the Public Areas and Member Areas; (e) edit or delete any communication posted on the Lifetime Sites; and/or (f) disclose any communication posted on any portion of the community as necessary to satisfy any law, regulation or governmental request, regardless of whether such communications violates these standards, each in Lifetime’s sole discretion.

Third Party Links

The Lifetime Sites may provide links to other Web sites or resources. Lifetime is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Lifetime shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. Lifetime provides these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.

Lifetime explicitly disclaims any responsibility for the accuracy, content or availability of information found on Web sites that link to or from the Lifetime Sites from third parties not associated with Lifetime. Lifetime encourages discretion when browsing the Internet using our or anyone else’s service. Because some Web sites 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 Web sites, and you hereby irrevocably waive any claim against us with respect to such Web sites.

Lifetime cannot ensure that you will be satisfied with any products or services that you purchase from a third-party Web site that links to or from the Lifetime Sites, 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 Web sites. 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 Web sites. 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.

Sweepstakes, Contests and Promotions

Any sweepstakes, contest or similar promotion made available through the Lifetime Sites or for which Lifetime may, from time to time, send e-mail messages to you 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.

Termination

In the event that Lifetime determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Lifetime Sites, Lifetime reserves the right to (a) delete any or all content provided by you or your agent(s) to the Lifetime Sites; (b) discontinue your membership with any or all Lifetime Site(s) ; (c) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Lifetime Sites; (d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which Lifetime deems to be appropriate.

If your membership with or ability to access the Lifetime Sites and/or any other service, product, content, course, event, tool or digital product provided to you by Lifetime is discontinued by Lifetime due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the community of the Lifetime Sites, then you agree that you shall not attempt to re-register with or access the Lifetime Sites and/or any other digital product, course content or service provided by Lifetime, through use of a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Lifetime reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (a) - (e) of this provision without any notice or warning to you.

Members may terminate their membership at any time by sending an email to privacy@lifetimetv.com and include their user name and password.

Lifetime will terminate any Member's account at its sole discretion if a Member has been inactive for a period of twelve (12) months. A Member will be defined as inactive if she/he has not logged into any Lifetime Site with her/his user name and password, or she/he has not called Lifetime’s customer service or contacted Lifetime in any other manner.

System Outages

Lifetime periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Lifetime shall have no liability whatsoever for (a) the resulting unavailability of the Site; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages, or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.

Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE LIFETIME SITES, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE LIFETIME SITES, IS AT YOUR SOLE RISK. THE LIFETIME SITES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS 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 LIFETIME SITES WILL MEET YOUR REQUIREMENTS, OR THAT THE LIFETIME SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT LIFETIME SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. LIFETIME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE LIFETIME SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT LIFETIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE LIFETIME SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE CONTENT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NO CONTENT PROVIDED IS INTENDED TO BE USED AS, OR SHOULD BE CONSTRUED AS PROVIDING, THE PRIMARY BASIS FOR AN INVESTMENT DECISION OR AS REFLECTING RECOMMENDATIONS TAKING INTO ACCOUNT YOUR INDIVIDUALIZED REQUIREMENTS. ANY INVESTMENT CARRIES WITH IT RISK. PAST PERFORMANCE DOES NOT AND CANNOT GUARANTEE FUTURE RESULTS. WE DISCLAIM ANY WARRANTY OR LIABILITY WHATSOEVER FOR ACTIONS YOU MAY TAKE AS A RESULT OF ACCESS TO THE LIFETIME SITES. ALTHOUGH CONTENT IS GATHERED FROM SOURCES WE CONSIDER RELIABLE, LIFETIME DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, EFFICACY OR USE OF SUCH CONTENT. NEITHER ACCESS TO NOR USE OF THE LIFETIME SITES OR ANY CONTENT CONTAINED THEREIN ARE INTENDED AS OR SHALL CONSTITUTE (A) ANY INVESTMENT ADVICE OR ADVERTISEMENT, (B) AN OFFER, OR A SOLICITATION OF ANY OFFER, BY LIFETIME FOR THE PURCHASE OR SALE OF ANY INVESTMENT, SECURITIES OR OTHER PROPERTY, OR (C) A REPRESENTATION THAT ANY INVESTMENT, SECURITY OR OTHER PROPERTY IS SUITABLE FOR YOU OR OTHERS.

NO CONTENT PROVIDED IS A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF THE HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. LIFETIME DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. YOUR RELIANCE UPON THE CONTENT IS SOLELY AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SUBSCRIBER.

Limitation of Liability

LIFETIME IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.

LIFETIME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE LIFETIME SITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE LIFETIME SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF LIFETIME 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.

Indemnification

You agree to defend, indemnify and hold each of Lifetime, its parent corporation, subsidiaries and affiliated entities and their respective officers, directors, employees and agents, harmless 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) due to or arising out of: (a) your use of and access to the Lifetime Sites; (b) your violation of any provision of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your Submissions or any of your User Content caused damage to a third party.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Lifetime infringe your copyright, you (or your agent) may send Lifetime a notice requesting that the material be removed or access to it blocked 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 Web site are covered by a single notification, a representative list of such works at that Web site;
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 a name, address, telephone number, and, if available, an e-mail address;
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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Lifetime a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to Lifetime's Copyright Agent:

Richard W. Baker
Vice President, Business and Legal Affairs
Lifetime Entertainment Services, LLC
111 8th Avenue
New York, NY 10011
212-424-7112
212-957-4447
rbaker@lifetimetv.com

Lifetime suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

For clarity, only DMCA notices and counter-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.

Trademarks

Lifetime and Lifetime’s logo and other product and service names of Lifetime are trademarks of Lifetime Entertainment Services, LLC, (the “Lifetime Marks”). You agree not to display, reproduce or otherwise use in any manner the Lifetime Marks without Lifetime’s prior written permission.

Member Disputes

You are solely responsible for any interaction with other Users of the Lifetime Sites. Lifetime reserves the right but shall have no obligation to monitor disputes between you and any other Users of the Lifetime Sites.

Miscellaneous

Waiver

No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy. No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.

Contacting Us

If you have any questions about Lifetime generally, these Terms or any Lifetime Site, please feel free to contact us at: at Viewer Relations, either by email at viewerrelations@lifetimetv.com or by telephone, 212.424.7122.

Notices

Any notice or other communication required or permitted to be made under these Terms may be delivered in person, by telecopier transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or, as provided below, by electronic means. Except as otherwise provided herein, a notice shall be effective (a) upon receipt, if delivered in person; (b) upon receipt (confirmed by automatic answer back or like evidence of receipt), if sent by telecopier during normal business hours at the office of the recipient thereof and otherwise at the opening of business at such recipient’s office on the next business day; (c) three (3) days after deposit into the United States mail, if sent by certified or registered mail, return receipt requested; (d) at 11:00 a.m. on the next business day, if sent by overnight courier; and (e) as provided below, if sent by electronic means. In each case, such notice to any party shall be made to the address of such party indicated (i) in the case of Lifetime, below, or (ii) in the case of the Member, in the Member profile. Either party may from time to time change its address for receiving notices in writing, or its electronic address, by posting a change of address on the Lifetime Sites or by sending a notice to the other party in writing or by electronic means promptly confirmed in a writing. Any notice or other communication to be made hereunder, even if otherwise required to be in writing under other provisions of these Terms, may alternatively be made in an electronic record transmitted electronically to the electronic addresses set forth (1) in the case of Lifetime, below, or (2) in the case of the Member, in the Member profile. Any notice or other communication made in electronic form will have the same legal effect and enforceability as if made in non-electronic form. Lifetime may also broadcast notices or messages on the Lifetime Sites, or other matters of importance; such broadcasts shall constitute notice to Users.

Assignment

You shall not assign or otherwise transfer these Terms, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without Lifetime’s prior written consent, such consent not to be unreasonably withheld. Any attempted transfer or delegation by you without Lifetime’s consent will be void. These Terms will bind and inure to the benefit of each party's successors and permitted assigns.

Governing Law and Jurisdiction

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. The parties hereby consent to the non-exclusive jurisdiction of any state or federal courts located in the State of New York in the borough of Manhattan. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested, directed to such party, at the address (a) if Lifetime is the recipient, set forth below and (b) if the Member is the recipient, set forth in the Member profile. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.

Partial Invalidity

The invalidity or unenforceability of any one or more sections of these Terms shall not affect the validity or enforceability of its remaining provisions.

Section Headings

Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.

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, LLC, 111 8th Avenue, New York, NY 10011.
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.

Users From Outside the United States

The Lifetime Sites are controlled and offered by Lifetime from its facilities in the United States of America and are intended for use by United States residents only. Lifetime makes no representations that any Lifetime Site is appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and access a Lifetime Site, you do so at your own risk and are responsible for compliance with local laws and regulations.

No Rights of Third Parties

These Terms does not create rights enforceable by third parties.

Mobile Terms and Conditions

Lifetime Entertainment Services, LLC, ("we" or "Lifetime") maintains wap.mylifetime.com (the "Mobile Site") and also makes available newsletters and mobile alerts directly to your mobile device ("Mobile Text Club") for your personal entertainment and information. The Mobile Site and the Mobile Text Club are referred to collectively herein as the "Mobile Services." In order to use the Mobile Services, you must have a wireless mobile device capable of two-way messaging and you must be a wireless service (with text messaging) subscriber through a participating service provider/carrier.

We welcome you to browse our Mobile Site. You may download material displayed on our Mobile Site provided that it is specifically identified as available for downloading and you intend to use the material only for noncommercial, personal use. You may not distribute, modify, transmit, reuse, repost or use the content on our Mobile Services for public or commercial purposes, including the text, images, audio and video, without the express advance written approval of the content's owner.

Your access to and use of the Mobile Services is subject to the following terms and conditions ("Mobile Terms and Conditions"), as well as www.mylifetime.com's Terms of Use and Privacy Policy (the "MyLifetime.com Terms") and all applicable laws. In the event of conflict between these Mobile Terms and Conditions and the My Lifetime Terms, these Mobile Terms and Conditions will govern.

Please read these Mobile Terms and Conditions and the MyLifetime.com Terms carefully because, by accessing and browsing our Mobile Services, you accept them without any limitation or qualification. Your use of any aspect of our Mobile Services constitutes your agreement to comply with these Mobile Terms and Conditions and MyLifetime.com Terms. If you do not agree to any of the terms set forth in these Mobile Terms and Conditions and/or MyLifetime.com Terms, please do not use our Mobile Services.

The following terms and conditions govern your use of our Mobile Site and Mobile Text Club:

1. If you sign up for the Mobile Site or Mobile Text Club, you will receive commercial [SMS and/or MMS messages] regarding Lifetime's news, events and other services (the "Mobile Services"). You may incur standard text messaging charges or other charges imposed for data usage by your participating mobile service provider for your use of the Mobile Services. All charges are billed by and payable to your mobile service provider. You are solely responsible for all such charges. Please contact your wireless carrier for pricing plans and details. You may "opt out" of receiving future messages by texting STOP to LTIME (58463). To receive help at any time, send HELP to 58463 (LTIME). Or, call 888-782-2180 or e-mail info@telescope.tv between 9am and 5pm PT Monday to Friday.

2. Lifetime reserves the right, for any reason and in its sole discretion, to modify, suspend or discontinue the Mobile Services, the Mobile Site and your use thereof without prior notice. The Mobile Services are offered on an "as is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service changes made by your wireless service provider/carrier.

3. Lifetime does not warrant or represent that your use of materials displayed on the Mobile Site will not infringe rights of third parties not owned by or affiliated with Lifetime. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Mobile Services are registered and unregistered Trademarks of Lifetime and others. Nothing contained on the Mobile Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Mobile Site without the written permission of the Trademark owner. You should assume that everything you see or read on the Mobile Services is copyrighted unless otherwise noted and may not be used except as provided in these Mobile Terms and Conditions or in the text on the Mobile Services without the written permission of Lifetime. Your misuse of the Trademarks displayed on the Mobile Services or any other content on the Mobile Services except as provided in these Mobile Terms and Conditions may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and is strictly prohibited. You also are advised that Lifetime will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

4. While we use reasonable efforts to include accurate and up-to-date information in the Mobile Services, we make no warranties or representations as to its accuracy and assume no liability or responsibility for any error or omission in the content of this Mobile Site.

5. Your use of the Mobile Services is at your own risk. Neither Lifetime nor any other party involved in creating, producing or delivering the Mobile Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Mobile Services. Without limiting the foregoing, everything on the Mobile Services is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We encourage you to check your local laws for any restriction or limitation regarding the exclusion of implied warranties. Lifetime is not responsible for any damage to your mobile device that may occur from your use of the Mobile Services. We also do not assume any responsibility, and shall not be liable for, any damage to or virus that may infect your computer equipment or other property as a result of your use of the Mobile Services, including the downloading of data, text, images, video or audio from the Mobile Services. Further, we have not reviewed all the sites linked to the Mobile Site and are not responsible for the content of any other site linked to the Mobile Site. You link to off-site pages at your own risk.

6. Lifetime and its parent companies, affiliated companies, related companies, sponsors, subsidiaries, advertising agencies and any other entity involved in the content available on the Mobile Services ("Released Parties") are not responsible for and shall not be liable for any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Services, including but not limited to (a) errors in transmission, including but not limited to any incomplete, lost, late, stolen, delayed, misdirected or garbled message or failure to receive messages; (b) service outages or delays or for any human or other errors or problems of any kind or technical or electrical malfunctions of any computer, network, telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email on account of any technical problems or traffic congestion on the Internet or at any web site or combination thereof; (c) injury or damage to your or to any other person's computer or wireless device related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to your use of the Mobile Site; and/or (d) failures or malfunctions of wireless phone/headsets and other devices, cellular equipment towers, telephone systems or wireless services or other communications malfunctions. Released Parties are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of Released Parties that may cause the Service to be disrupted or corrupted; or (ii) typographical or other errors in the printing, the offering or the administration of these Mobile Terms and Conditions. By using the Mobile Services, you assume all liability for any injury or damage caused or claimed to be caused by your use of the Mobile Services and release and hold the Released Parties harmless from any claim or liability of any kind arising in whole or in part, directly or indirectly, out of your use of the Mobile Services.

7. Software available from the Mobile Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software available from the Mobile Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Mobile Services, 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.

8. We reserve the right, at our discretion, to change, modify, add or remove portions of these Mobile Terms and Conditions at any time. We will announce any change publicly, such as by posting a notice on mylifetime.com. Your continued use of the Mobile Services following the announcement of changes to these Mobile Terms and Conditions will mean you unconditionally accept such changes and modifications.

Acknowledgement

You acknowledge that you have read, understand and agree to these Terms, and that these Terms have the same force and effect as a signed agreement.

Lifetime Entertainment Services, LLC
111 8th Avenue
New York, NY 10011
http://www.mylifetime.com
Phone: 212.424.7122

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