Terms of
Use
This is
the
official
Terms of
Use
Agreement
("Agreement")
for
theinbrand.com,
inrealtyonline.com,
ingatheringonline.com,
inhonoronline.org,
inseamonline.com
ingmco.com,
Internet
websites
("Site,"
"we,"
"us," or
"our")
offered
in
cooperation
with the
Ingathering
Marketing
Company,
Inc., In
Realty
Investments,
Inc.,
Inseam
Textile
Studios,
Inc.,
and The
In Honor
Foundation,
Inc.
(further
referred
to as
The In
Family
of
Brands).
This
Privacy
Policy
governs
only the
personally
identifiable
information
("Personal
Information")
collected
by this
Site and
does not
cover
any such
information
collected
in any
other
manner
or for
any
other
purpose,
by any
other
method
by The
In
Family
of
Brands
or their
corporate
affiliates,
or any
other
company,
unless
specifically
stated.
This
Site is
offered
and made
available
only to
users 13
years of
age or
older
who
reside
in the
United
States
of
America.
If you
are not
yet 13
years
old, or
do not
reside
in the
United
States,
please
discontinue
using
the Site
immediately,
or if
for any
reason,
you do
not
agree
with all
of the
terms
and
conditions
contained
in this
agreement,
please
discontinue
using
the Site
immediately
because
by using
or
attempting
to use
the
Site,
you
certify
that you
are at
least 13
years of
age and
meet any
other
eligibility
and
residency
requirements
of the
Site.
These
terms
and
conditions
regarding
your use
of the
Site
constitute
a
legally
binding
agreement
between
you and
theinbrand.com,
inrealtyonline.com,
ingatheringonline.com,
inhonoronline.org,
inseamonline.com
ingmco.com
and The
In
Family
of
Brands.
In this
Agreement,
the term
"Site"
includes
all
websites
and web
pages
within
theinbrand.com,
inrealtyonline.com,
ingatheringonline.com,
inhonoronline.org,
inseamonline.com
ingmco.com
as well
as any
equivalent,
mirror,
replacement,
substitute
or
backup
websites
and web
pages
that are
associated
with the
Site. By
using
this
Site,
you
understand,
acknowledge
and
agree
that you
will
abide by
the
terms of
this
Agreement
and any
additional
terms
that
govern
certain
products
and
services,
which
will be
presented
in
conjunction
with
those
products
and
services
("Additional
Terms").
The Site
may also
provide
rules of
participation
("Rules")
for
certain
activities
and
services
including,
but not
without
limitation,
contests
and
sweepstakes,
award
programs,
membership
clubs,
email,
and
dating
services.
The
Site's
Additional
Terms,
Privacy
Policy
and the
Rules
are
hereby
incorporated
in this
Agreement
by
reference.
To the
extent
that
there is
a
conflict
between
this
Agreement
and
Additional
Terms
for the
activity
in which
you
choose
to
participate,
the
Additional
Terms
shall
govern.
To the
extent
that
there is
a
conflict
between
this
Agreement
and the
specific
Rules
for the
activity
in which
you
choose
to
participate,
this
Agreement
shall
govern.
This
Agreement
will
remain
in full
force
and
effect
as long
as you
are a
user of
the Site
and in
the
event of
termination
of any
membership,
service
or
feature,
you will
still be
bound by
your
obligations
under
this
Agreement,
the
Privacy
Policy,
any
Additional
Terms or
Rules,
including
any
indemnifications,
warranties
and
limitations
of
liability.
The
words
"use" or
"using"
in this
Agreement,
means
any time
an
individual
(a
"user"),
directly
or
indirectly,
with or
without
the aid
of a
machine
or
device,
does or
attempts
to
access,
interact
with
use,
display,
view,
print or
copy
from the
Site,
transmit,
receive
or
exchange
data or
communicate
with the
Site, or
in any
way
utilizes,
benefits,
takes
advantage
of or
interacts
with any
function,
service
or
feature
of the
Site,
for any
purpose
whatsoever.
This
Agreement
does not
cover
your
rights
or
responsibilities
with
respect
to third
party
content
or sites
or any
links
that may
direct
your
browser
or your
connection
to third
party
sites or
pages.
This is
the
entire
and
exclusive
Agreement
between
you and
us
regarding
use of
the Site
and it
cannot
be
modified,
except
as
specifically
described
below in
Section
2.
1.
REGISTRATION
We may
require
each
user to
have a
unique
user
name and
password
combination
in order
to
access
and use
certain
features
or
functions
of the
Site and
may
also,
from
time to
time,
provide
users
with
additional
codes or
passwords
necessary
to
access
and use
certain
features
or
functions
of the
Site.
Please
read our
Privacy
Policy,
which
describes
the
personally
identifiable
information
("Personal
Information")
we
collect,
use,
disclose,
manage
and
store.
As part
of the
registration
process
for the
feature
or
function,
you will
choose a
user
name and
password
(or we
may
assign
an
initial
password
which we
will
give you
the
option
to
change).
Your
user
name and
password
are
personal
to you
and you
may not
allow
any
others
to use
your
user
name or
password
under
any
circumstances.
We are
not
liable
for any
harm
caused
or
related
to the
theft or
misappropriation
of your
user
name or
password,
disclosure
of your
user
name or
password,
or your
authorization
of
anyone
else to
use your
user
name or
password.
You
agree to
immediately
notify
us if
you
become
aware of
or
believe
there is
or may
have
been any
unauthorized
use of
(or
activity
using)
your
user
name or
password
or any
other
need to
deactivate
your
user
name or
password
due to
security
concerns.
2.
MODIFICATIONS
We
reserve
the
right,
at any
time and
from
time to
time,
for any
reason
in our
sole
discretion,
to
change
the
terms of
this
Agreement.
We will
post or
display
notices
of
material
changes
on the
Site and
we may
also
e-mail
you
about
these
changes.
Once we
post
them on
the
Site,
these
changes
become
effective
immediately
and if
you use
the Site
after
they
become
effective
it will
signify
your
agreement
to be
bound by
the
changes.
You
should
check
back
frequently
and
review
the
terms
and
conditions
of this
Agreement
regularly
so you
are
aware of
the most
current
rights
and
obligations
that
apply to
you and
the
terms
and
conditions
of your
agreement
with us.
3.
OWNERSHIP
OF
INTELLECTUAL
PROPERTY
The
contents
of this
Site,
including
all Site
software,
design,
text,
images,
photographs,
illustrations,
audio
and
video
material,
artwork,
graphic
material,
databases,
proprietary
information
and all
copyrightable
or
otherwise
legally
prosecutable
elements
of the
Site,
including,
without
limitation,
the
selection,
sequence
and
'look
and
feel'
and
arrangement
of
items,
and all
trademarks,
service
marks
and
trade
names
(individually
and/or
collectively,
"Material"),
are the
property
of The
In
Family
of
Brands,
and
their
subsidiaries,
affiliates,
licensors,
suppliers,
operational
service
providers,
advertisers,
promotional
partners,
or
sponsors
and are
legally
protected,
without
limitation,
under
U.S.
Federal
and
State,
as well
as
applicable
foreign
laws,
regulations
and
treaties.
Unless
the
context
clearly
requires
otherwise
or we
explicitly
say so
in
writing,
the term
"Site"
includes
"Material"
as well.
The Site
is to be
used
solely
for your
noncommercial,
non-exclusive,
non-assignable,
non-transferable
and
limited
personal
use and
for no
other
purposes.
You must
not
alter,
delete
or
conceal
any
copyright
or other
notices
contained
on the
Site,
including
notices
on any
Material
you
download,
transmit,
display,
print or
reproduce
from the
Site.
You
shall
not, nor
will you
allow
any
third
party
(whether
or not
for your
benefit)
to
reproduce,
modify,
create
derivative
works
from,
display,
perform,
publish,
distribute,
disseminate,
broadcast
or
circulate
to any
third
party
(including,
without
limitation,
on or
via a
third
party
website),
or
otherwise
use, any
Material
without
the
express
prior
written
consent
of THE
IN
FAMILY
OF
BRANDS
or its
owner if
THE IN
FAMILY
OF
BRANDS
is not
the
owner.
Any
unauthorized
or
prohibited
use of
any
Material
may
subject
you to
civil
liability,
criminal
prosecution,
or both,
under
applicable
federal,
state
and
local
laws. We
require
users to
respect
our
copyrights,
trademarks,
and
other
intellectual
property
rights.
We
likewise
respect
the
intellectual
property
of
others.
On
notice,
we will
act
expeditiously
to
remove
content
on the
Site
that
infringes
the
copyright
rights
of
others
and will
disable
the
access
to the
Site and
its
services
of
anyone
who uses
them to
repeatedly
to
infringe
the
intellectual
property
rights
of
others.
If you
believe
that the
Site
contains
elements
that
infringe
your
copyrights
in your
work,
please
follow
our
Notice
and
Procedure
for
Making
Claims
of
Copyright
Infringement.
Notice
and
Procedure
for
Making
Claims
of
Copyright
Infringement.
Pursuant
to Title
17,
United
States
Code,
Section
512(c)(2),
all
notifications
of
claimed
copyright
infringement
on this
Site
should
be sent
ONLY to
our
Designated
Agent.
NOTE:
THE
FOLLOWING
INFORMATION
IS
PROVIDED
SOLELY
FOR
NOTIFYING
THE
SERVICE
PROVIDERS
REFERENCED
BELOW
THAT
YOUR
COPYRIGHTED
MATERIAL
MAY HAVE
BEEN
INFRINGED.
DO NOT
SEND ANY
INQUIRIES
UNRELATED
TO
COPYRIGHT
INFRINGEMENT
(e.g.,
REQUESTS
FOR
TECHNICAL
ASSISTANCE
OR
CUSTOMER
SERVICE,
REPORTS
OR
E-MAIL
ABUSE,
etc.) TO
THE
CONTACT
LISTED
BELOW.
YOU WILL
NOT
RECEIVE
A
RESPONSE
IF SENT
TO THAT
CONTACT.
WE
CAUTION
YOU THAT
UNDER
FEDERAL
LAW, IF
YOU
KNOWINGLY
MISREPRESENT
THAT
ONLINE
MATERIAL
IS
INFRINGING,
YOU MAY
BE
SUBJECT
TO HEAVY
CIVIL
PENALTIES.
THESE
INCLUDE
MONETARY
DAMAGES,
COURT
COSTS,
AND
ATTORNEYS
FEES
INCURRED
BY US,
BY ANY
COPYRIGHT
OWNER,
OR BY
ANY
COPYRIGHT
OWNER'S
LICENSEE
THAT IS
INJURED
AS A
RESULT
OF OUR
RELYING
UPON
YOUR
MISREPRESENTATION.
YOU MAY
ALSO BE
SUBJECT
TO
CRIMINAL
PROSECUTION
FOR
PERJURY.
Written
notification
must be
submitted
to the
following
Designated
Agent:
Ingathering
Marketing
Company,
Inc. -
Legal
Name of
Agent
Designated
to
Receive
Notification
of
Claimed
Infringement:
Ingathering
Marketing
Company,
Inc. -
Legal
Full
Address
of
Designated
Agent to
Which
Notification
Should
be Sent:
PO Box
488
Roseville,
CA
95661-0488
Telephone
Number
of
Designated
Agent:
(888)
213-9359
Facsimile
Number
of
Designated
Agent:
(888)
250-2566
Email
Address
of
Designated
Agent:
legal@ingmco.com
Under
Title
17,
United
States
Code,
Section
512(c)(3)(A),
the
Notification
of
Claimed
Infringement
must
include
the
following:
(1) An
electronic
or
physical
signature
of the
owner or
of the
person
authorized
to act
on
behalf
of the
owner of
the
copyright
interest;
(2)
Identification
of the
copyrighted
work (or
works)
that you
claim
has been
infringed;
(3) A
description
of the
material
that you
claim is
infringing,
and the
location
where
the
original
or an
authorized
copy of
the
copyrighted
work
exists
(for
example,
the URL
of the
page of
the
website
where it
is
lawfully
posted;
the
name,
edition
and
pages of
a book
from
which an
excerpt
was
copied,
etc.);
(4) A
clear
description
of where
the
infringing
material
is
located
on our
website,
including
as
applicable
its URL,
so that
we can
locate
the
material;
(5) Your
name,
address,
telephone
number,
and
e-mail
address;
(6) A
statement
that you
have a
good-faith
belief
that the
disputed
use is
not
authorized
by the
copyright
owner,
its
agent,
or the
law; and
(7) A
statement
by you,
made
under
penalty
of
perjury,
that the
above
information
in your
notice
is
accurate
and that
you are
the
copyright
owner or
authorized
to act
on the
copyright
owner's
behalf.
4.
ADVERTISING
From
time to
time,
you may
communicate
with,
receive
communications
from, be
re-directed
to,
interact
with, or
participate
in or
use the
services
or
obtain
goods
and
services
of or
from,
third
parties
(collectively,
the
"Advertisers")
such as
our
advertisers,
sponsors,
or
promotional
partners
as a
result
of your
use of
the
Site.
All such
communication,
interaction
and
participation
is
strictly
and
solely
between
you and
such
Advertisers
and we
shall
not be
responsible
or
liable
to you
in any
way in
connection
with
these
activities
or
transactions
(including,
without
limitation,
any
representations,
warranties,
covenants,
contracts
or other
terms or
conditions
that may
exist
between
you and
the
Advertiser
or any
goods or
services
you may
purchase
or
obtain
from any
Advertiser).
5. RULES
OF
CONDUCT
Your use
of the
Site is
subject
to all
applicable
local,
state,
national
laws and
regulations
and, in
some
cases,
international
treaties.
You are
solely
responsible
for all
activities,
acts and
omissions
that
occur
in,
from,
through
or under
your
user
name or
password.
You
shall
not use,
allow,
or
enable
others
to use
the
Site, or
knowingly
condone
use of
this
Site by
others,
in any
manner
that is,
attempts
to, or
is
likely
to:
be
libelous,
defamatory,
indecent,
vulgar
or
obscene,
pornographic,
sexually
explicit
or
sexually
suggestive,
racially,
culturally,
or
ethnically
offensive,
harmful,
harassing,
intimidating,
threatening,
hateful,
objectionable,
discriminatory,
or
abusive,
or which
may or
may
appear
to
impersonate
anyone
else;
affect
us
adversely
or
reflect
negatively
on us,
the
Site,
our
goodwill,
name or
reputation
or cause
duress,
distress
or
discomfort
to us or
anyone
else, or
discourage
any
person,
firm or
enterprise
from
using
all or
any
portion,
features
or
functions
of the
Site, or
from
advertising,
linking
or
becoming
a
supplier
to us in
connection
with the
Site;
send
or
result
in the
transmission
of junk
e-mail,
chain
letters,
duplicative
or
unsolicited
messages,
or
so-called
"spamming"
and
"phishing";
be
used for
commercial
or
business
purposes,
including,
without
limitation,
advertising,
marketing
or
offering
goods or
services,
whether
or not
for
financial
or any
other
form of
compensation
or
through
linking
with any
other
website
or web
pages;
transmit,
distribute
or
upload
programs
or
material
that
contain
malicious
code,
such as
viruses,
timebombs,
cancelbots,
worms,
trojan
horses,
spyware,
or other
potentially
harmful
programs
or other
material
or
information;
forge
any
TCP/IP
packet
header
or part
of the
header
information
in any
email or
newsgroup
posting
for any
reason;
violate
any
laws,
regulations
(including,
without
limitation,
laws
regarding
the
transmission
of
technical
data or
software
exported
from the
United
States),
judicial
or
governmental
order,
any
treaties
or
violate
or
infringe
upon any
intellectual
property
rights,
rights
of
publicity
or
privacy,
or any
other
rights
of ours
or of
any
other
person,
firm or
enterprise;
gain
unauthorized
access
to the
Site,
other
users'
accounts,
names,
passwords,
personally
identifiable
information
or other
computers,
websites
or
pages,
connected
or
linked
to the
Site or
to use
the Site
in any
manner
which
violates
or is
inconsistent
with the
terms
and
conditions
of this
Agreement;
modify,
disrupt,
impair,
alter or
interfere
with the
use,
features,
functions,
operation
or
maintenance
of the
Site or
the
rights
or use
and
enjoyment
of the
Site by
any
other
person,
firm or
enterprise;
or
collect,
obtain,
compile,
gather,
transmit,
reproduce,
delete,
revise,
view or
display
any
material
or
information,
whether
personally
identifiable
or not,
posted
by or
concerning
any
other
person,
firm or
enterprise,
in
connection
with
their or
your use
of the
Site,
unless
you have
obtained
the
express,
prior
permission
of such
other
person,
firm or
enterprise
to do
so.
6.
SHOPPING
All
e-commerce
on the
Site is
brought
to you
by THE
IN
FAMILY
OF
BRANDS,
an
operational
service
provider
and
affiliate
under
this
Agreement.
All
goods
and
services
offered
for sale
on the
Site
("Products")
are
guaranteed
by the
manufacturer,
licensor
or
distributor
against
defects
in
material
and
workmanship
for 30
days
from the
date of
the
invoice.
Within
that
time
period,
just
contact
Customer
Service
and we
will
coordinate
attempting
to
correct,
repair
or
replace
the
defective
Product
or, if
applicable,
in
obtaining
a refund
for you.
We have
no
responsibility
or
liability
whatsoever
for
goods or
services
you may
obtain
from or
through
other
websites
or web
pages,
even if
you were
directed
or
linked
to such
a site
or page
through
the
Site,
nor are
we
responsible
for
assisting
you in
correcting
any
problem
you may
experience
with
Products
if you
do not
notify
us
within
the 30
day
period
noted
above or
for any
goods or
services
not
obtained
directly
on the
Site.
You
agree
that
your
sole and
exclusive
remedy
and our
sole,
exclusive
and
maximum
liability
arising
from or
relating
in any
way to
any
Product
shall be
the
amount
you
actually
paid us
(or our
suppliers,
operational
service
providers,
or other
e-commerce
partners)
for it.
EXCEPT
AS
SPECIFICALLY
SET
FORTH IN
THIS
AGREEMENT,
WE
EXPRESSLY
DISCLAIM
ANY AND
ALL
LIABILITY
ARISING
FROM OR
RELATING
IN ANY
WAY TO
ANY AND
ALL
PRODUCTS.
EXCEPT
AS
SPECIFICALLY
MADE IN
WRITING,
WE
EXPRESSLY
DISCLAIM
ALL
REPRESENTATIONS
AND
WARRANTIES
OF ANY
AND
EVERY
KIND,
EXPRESS
OR
IMPLIED,
WITH
RESPECT
TO ANY
AND ALL
PRODUCTS,
INCLUDING,
BUT NOT
LIMITED
TO, AND
ANY
WARRANTY
OF
MERCHANTABILITY
OR OF
FITNESS
FOR A
PARTICULAR
PURPOSE.
Products
may be
purchased
while
supplies
last. If
a
Product
is
listed
at an
incorrect
price or
with
incorrect
information,
we
reserve
the
right to
refuse
or
cancel
orders
placed
for that
Product,
whether
or not
the
order
has been
confirmed
and even
if your
account
has been
charged
(in
which
event we
will
issue a
credit
to your
account
in the
amount
of the
charge).
Our
creation
or
transmission
of an
order
confirmation
does not
signify
acceptance
of your
order,
nor
constitute
a
binding
confirmation
of an
offer to
sell any
Product
and we
reserve
the
right to
accept
or
decline
your
order
for any
reason
up until
the time
the
Product
is
actually
delivered
to you.
We
reserve
the
right at
any
time,
without
prior
notice,
to limit
or
reduce
the
quantity
you
ordered
of any
Product
and we
will
notify
you if
we do
so. All
orders
placed
over
$500.00
(U.S.)
must
obtain
pre-approval
with an
acceptable
method
of
payment,
as
established
by our
credit
and
authorization
policies
and
practices
in
effect
at the
time of
your
order.
We may
contact
you and
require
additional
information
from you
before
we grant
such
pre-approval.
Products
on the
Site are
offered
for sale
only to
end user
customers
or as
personal
gifts to
end user
customers
and not
for
resale.
We do
not
knowingly
accept
orders
from
dealers,
exporters,
wholesalers,
distributors,
resellers
or other
similar
persons
or
companies,
and
reserve
the
right to
refuse,
cancel
or seek
the
return
of any
Products
that are
purchased
in
violation
of the
foregoing
restrictions.
You are
responsible
for any
taxes
imposed
on the
sale or
use of
Products
and
applicable
taxes
will be
added to
the
amount
charged
for
Products
purchased
on the
Site. If
an order
consists
of
multiple
items,
they may
be
shipped
separately
depending
on
availability.
7.
WIRELESS
MARKETING
SERVICES
AND
PROMOTIONAL
OPPORTUNITIES
The In
Family
of
Brands
provides
its
valued
website
users
and
viewers
with the
opportunity
to
register
for
special
promotions,
services,
news,
programming
and
information
delivered
via text
messaging
and
other
wireless
devices
such as
mobile
phones.
Users
are
required
to
provide
their
consent
to
receive
such
information
from The
In
Family
of
Brands,
either
by
registering
on this
Site or
via
their
wireless
device.
Such
services
and
promotional
opportunities
are
provided
by THE
IN
FAMILY
OF
BRANDS
affiliates
for The
In
Family
of
Brands.
The
information
requested
as part
of the
online
registration
process
is a
user's
telephone
number
or a
wireless
email
address,
but only
if
specifically
requested,
and the
carrier's
name.
Optional
information
may be
requested
for
specific
promotions,
such as
a user's
preferences
regarding
goods or
services,
choices
of music
or
artists,
or other
similar
survey
information.
Depending
on the
promotion,
we may
also
collect
an
Internet
email
address
or other
information
and,
depending
on the
information
collected,
the user
may also
be
required
to
confirm
his or
her
agreement
to the
Site's
Privacy
Policy
and
Terms of
Use
Agreement.
Users
that
register
for The
In
Family
of
Brands'
wireless
marketing
services
acknowledge,
understand
and
agree
that
they
will be
charged
by the
user's
wireless
carrier
for all
messages
sent to
the user
from The
In
Family
of
Brands.
Standard
messaging
rates
will
apply,
unless
noted
otherwise.
Under no
circumstances
will The
In
Family
of
Brands,
or any
of their
corporate
affiliates
be
responsible
for any
wireless
email or
text
messaging
charges
incurred
by a
user or
by a
person
that has
access
to a
user's
wireless
device,
telephone
number,
or email
address.
A user
understands,
acknowledges
and
agrees
that The
In
Family
of
Brands
may, at
its sole
discretion
and
without
liability
to any
user,
terminate
its
offer of
any
specific
wireless
marketing
service
or all
wireless
marketing
services
at any
time
without
advance
notice.
The In
Family
of
Brands
may
provide
notice
of
terminations
or
changes
in
services
on this
Site.
8.
POSTINGS
Your
comments,
suggestions
and
information
are
important
to us.
Portions
of this
Site may
provide
you and
other
users an
opportunity
to
submit,
post,
display,
transmit
and/or
exchange
information,
ideas,
opinions,
photographs,
images,
video,
creative
works or
other
information,
messages,
transmissions
or
material
to us,
the Site
or other
users
("Post"
or
"Postings").
You
understand,
acknowledge
and
agree
that
such
Postings
are the
sole
responsibility
of the
person
from
which
such
Postings
originated.
This
means
that
you, the
user,
and not
this
Site,
are
entirely
responsible
for the
consequences
of all
Postings
that you
upload,
post,
email,
transmit
or
otherwise
make
available
via the
Site.
Postings
do not
reflect
the
views of
the
Site,
The In
Family
of
Brands,
or the
Parent
Companies.
We do
not
monitor,
endorse,
edit or
screen
any
Postings,
although
we
reserve
the
right to
do so,
nor
shall we
be
liable
for any
Posting
that is
in
violation
of this
Agreement.
In no
event
shall
the
Site,
The In
Family
of
Brands
have or
be
construed
to have
any
responsibility
or
liability
for or
in
connection
with any
Posting
whatsoever;
however,
if we
determine,
in our
sole
discretion
and
judgment,
that any
Posting
does or
may
violate
any of
the
terms of
this
Agreement,
we
reserve
the
right,
at any
time and
without
limiting
any and
all
other
rights
we may
have
under
this
Agreement,
at law
or in
equity,
to: (a)
refuse
to allow
you to
Post;
(b)
remove
and
delete
Postings;
(c)
revoke
your
right to
use the
Site;
and/or
(d) use
any
technological,
legal,
operational
or other
means
available
to us to
enforce
the
provisions
of this
Agreement,
including,
without
limitation,
blocking
specific
IP
addresses
or
deactivating
your
registration
on
Theinbrand.com,
inrealtyonline.com,
ingatheringonline.com,
inhonoronline.org,
inseamonline.com
ingmco.com.
If a
Posting
originates
from you
or your
account,
you
hereby
agree
that:
(a) you
are
placing
the
Posting
in the
public
domain
without
reservation
of any
rights
or
further
control
over the
Posting
or its
use and
you
specifically
authorize
the Site
and THE
IN
FAMILY
OF
BRANDS
to use
such
Posting
in whole
or in
part,
throughout
the
universe,
in
perpetuity
in or on
any and
all
media,
now
known or
hereafter
devised,
and
alone or
together
or as
part of
other
information,
content
and/or
material
of any
kind or
nature;
(b) you
represent
and
warrant
that (i)
the
Posting
is
original
to you
or fully
cleared
for use
as
contemplated
herein,
(ii) the
Posting
does and
will
not, in
any way,
violate
or
breach
any of
the
terms of
this
Agreement,
(iii)
the
Posting
does not
contain
libelous,
tortious,
or
otherwise
unlawful
information,
infringe
or
violate
any
copyright
or other
right,
or
contain
any
matter
the
publication
or sale
of which
will
violate
any
federal
or state
statute
or
regulation,
(iv) the
Posting
is not
obscene
or in
any
other
manner
unlawful,
(v) the
Posting
shall
not be
injurious
to the
health
of the
user,
and (vi)
we shall
not be
required
to pay
or incur
any sums
to any
person
or
entity
as a
result
of our
use or
exploitation
of the
Posting;
(c) if
your
Posting
incorporates
the
name,
logo,
brand,
service
or
trademark,
voice,
likeness
or image
of any
person,
firm or
enterprise,
you
specifically
represent
and
warrant
that you
have the
right to
place
such
Posting
in the
public
domain
and
grant
THE IN
FAMILY
OF
BRANDS
the
right to
use such
Posting
as
described
above;
and (d)
we have
the
right to
delete,
re-format
and/or
change
your
Posting
in any
manner
that we
may
determine
(although
you will
not be
responsible
for any
such
changes
made).
The
amount
of
storage
space on
the Site
per user
is
limited.
Some
Postings
may not
be
processed
due to
space
constraints
or
outbound
message
limitations.
You
understand,
acknowledge
and
agree
that we
assume
no
responsibility
for
deletion
of
Postings
or any
failure
to
store,
receive
or
deliver
Postings
in a
timely
manner
or any
other
matter
relating
to
Postings.
Posting
is for
noncommercial
purposes
only and
you may
not Post
in any
manner
which
does or
is
intended
to
promote
or
generate
revenue
for any
business
enterprise
or
commercial
activity.
If you
believe
that any
content
on the
Site
(including,
without
limitation,
Postings)
violates
any of
the
terms of
this
Agreement,
please
click
here to
send us
a
message
about
it. We
cannot
guarantee
that we
will
respond
to your
message
and we
reserve
the
right to
take or
refrain
from
taking
any or
all
steps
available
to us
once we
receive
any such
message.
9.
CONTESTS,
SWEEPSTAKES,
AUCTIONS
AND
PROMOTIONS
From
time to
time,
THE IN
FAMILY
OF
BRANDS ,
or the
Site's
operational
service
providers,
suppliers,
and
Advertisers
may
conduct
promotions
on or
through
the
Site,
including,
without
limitation,
auctions,
contests
and
sweepstakes
("Promotions").
Each
Promotion
may have
Additional
Terms
and/or
Rules
which
will be
posted
or
otherwise
made
available
to you
and, for
purposes
of each
Promotion,
will be
deemed
incorporated
into and
form a
part of
this
Agreement.
10.
PODCASTING
The Site
provides
podcasts
("THE IN
FAMILY
OF
BRANDS
Podcasts")
consisting
of
selected
audio
content
from the
Site,
available
at
www.theinbrand.com,
inrealtyonline.com,
ingatheringonline.com,
inhonoronline.org,
inseamonline.com
ingmco.com/podcasts
that is
provided
over the
Internet
using an
XML feed
and an
associated
audio
file so
that the
audio
file may
be
downloaded
and
played
from a
user's
computer
or
transferred
to a
portable
listening
device.
Certain
software
and
hardware
is
required
for
users to
download
and play
THE IN
FAMILY
OF
BRANDS
Podcasts.
THE IN
FAMILY
OF
BRANDS
Podcasts
are
protected
by
United
States
Federal
and
State
laws,
and
applicable
foreign
laws,
regulations
and
treaties,
and all
rights
in and
to The
In
Family
of
Brands
Podcasts
are
reserved
to THE
IN
FAMILY
OF
BRANDS
or the
content
provider.
THE IN
FAMILY
OF
BRANDS
Podcasts
are
available
for
personal,
noncommercial
use only
and you
may
download,
copy
and/or
transfer
to a
portable
listening
device
or a
computer
The In
Family
of
Brands
Podcasts
for your
personal,
non-commercial
use
only.
You
shall
not, nor
will you
allow
any
third
party to
reproduce,
modify,
create
derivative
works
of,
display,
perform,
publish,
distribute,
disseminate,
broadcast
or
circulate
to any
third
party,
or
otherwise
use any
THE IN
FAMILY
OF
BRANDS
Podcasts
except
as
expressly
authorized
in this
Section
10. You
also may
link to
THE IN
FAMILY
OF
BRANDS
Podcasts
from
your
website,
web blog
or
similar
application,
as long
as the
linking
does not
(a)
suggest
that THE
IN
FAMILY
OF
BRANDS
promotes
or
endorses
any
third
party's
causes,
ideas,
websites,
products
or
services,
or (b)
use THE
IN
FAMILY
OF
BRANDS
content
for
inappropriate
or
commercial
purposes,
or (c)
or
otherwise
violate
this
Agreement.
THE IN
FAMILY
OF
BRANDS
reserves
the
right to
discontinue
providing
THE IN
FAMILY
OF
BRANDS
Podcasts
and to
terminate
your
subscription
or
otherwise
disable
your
access
to or
use of
The In
Family
of
Brands
Podcasts,
or any
content
contained
in The
In
Family
of
Brands
Podcasts,
at any
time for
any
reason.
By your
access
to and
use of
THE IN
FAMILY
OF
BRANDS
Podcasts,
you
understand,
acknowledge
and
agree
that THE
IN
FAMILY
OF
BRANDS
does not
warrant
that its
podcasting
service
will
operate
on all
user
equipment.
Please
see our
"Disclaimer
and
Limitations
of
Liability"
section
for
further
details.
11.
HYPERLINKS
TO THIRD
PARTY
SITES
The
appearance,
availability,
or your
use of
URLs or
hyperlinks
referenced
or
included
anywhere
on the
Site or
any
other
form of
link or
re-direction
of your
connection
to, with
or
through
the
Site,
does not
constitute
an
endorsement
by, nor
does it
incur
any
obligation,
responsibility
or
liability
on the
part of
the
Site,
THE IN
FAMILY
OF
BRANDS ,
the
Parent
Companies
or any
of their
subsidiaries,
affiliates,
successors
and
assigns,
and
their
respective
officers,
directors,
employees,
agents,
representatives,
licensors,
suppliers,
and
operational
service
providers.
We do
not
verify,
endorse,
or have
any
responsibility
for, any
such
third
party
sites,
their
business
practices
(including
the
Privacy
Policy),
or any
goods or
services
associated
with or
obtained
in
connection
with any
such
site,
whether
the
Site's,
THE IN
FAMILY
OF
BRANDS',
or THE
IN
FAMILY
OF
BRANDS'
logo or
sponsorship
identification
is on
the
third
party
site as
part of
a
co-branding
or
promotional
arrangement.
If any
third
party
site
obtains
or
collects
Personal
Information
from
you, in
no event
shall we
assume
or have
any
responsibility
or
liability.
Please
read our
Privacy
Policy,
which
describes
how THE
IN
FAMILY
OF
BRANDS
collects
and uses
your
Personal
Information
and
co-branding
relationships.
12.
DEACTIVATION/TERMINATION
OF YOUR
REGISTRATION
You may
deactivate
your
account
on the
Site, at
any time
and for
any
reason,
by
clicking
here to
go to
Your
Account,
entering
your
user
name and
password,
and then
selecting
the
"Close
My
Account"
option.
We may
terminate
your use
of and
registration
on the
Site, at
any time
and for
any
reason,
with or
without
cause,
without
prior
notice
to you
and
without
any
liability
or
further
obligation
of any
kind
whatsoever
to you
or any
other
party.
13.
DISCLAIMER
AND
LIMITATIONS
OF
LIABILITY
THIS
SITE,
AND ALL
MATERIALS,
PRODUCTS
AND
POSTINGS
ARE MADE
AVAILABLE
ON AN
"AS IS"
AND "AS
AVAILABLE"
BASIS,
WITHOUT
ANY
REPRESENTATION
OR
WARRANTY
OF ANY
KIND,
EXPRESS
OR
IMPLIED,
OR ANY
GUARANTY
OR
ASSURANCE
THE SITE
WILL BE
AVAILABLE
FOR USE,
OR THAT
ALL
PRODUCTS,
FEATURES,
FUNCTIONS
OR
OPERATIONS
WILL BE
AVAILABLE
OR
PERFORM
AS
DESCRIBED.
Without
limiting
the
foregoing,
we are
not
responsible
or
liable
for any
malicious
code,
delays,
inaccuracies,
errors,
or
omissions
arising
out of
your use
of the
Site.
You
understand,
acknowledge
and
agree
that you
are
assuming
the
entire
risk as
to the
quality,
accuracy,
performance,
timeliness,
adequacy,
completeness,
correctness,
authenticity,
security
and
validity
of any
and all
features
and
functions
of the
Site,
including,
without
limitation,
Postings
and
Materials
associated
with
your use
of the
Site.
YOU
UNDERSTAND
AND
AGREE
THAT, TO
THE
FULLEST
EXTENT
PERMISSIBLE
BY LAW,
THIS
SITE,
THE IN
FAMILY
OF
BRANDS ,
THE
PARENT
COMPANIES,
OR THEIR
RESPECTIVE
SUCCESSORS
AND
ASSIGNS,
OR ANY
OF THEIR
SUBSIDIARIES,
AFFILIATES,
OR THEIR
RESPECTIVE
OFFICERS,
DIRECTORS,
EMPLOYEES,
AGENTS,
LICENSORS,
REPRESENTATIVES,
OPERATIONAL
SERVICE
PROVIDERS,
ADVERTISERS,
OR
SUPPLIERS,
SHALL
NOT BE
LIABLE
FOR ANY
LOSS OR
DAMAGE,
OF ANY
KIND,
DIRECT
OR
INDIRECT,
IN
CONNECTION
WITH OR
ARISING
FROM USE
OF THE
SITE OR
FROM
THIS
AGREEMENT,
INCLUDING,
BUT NOT
LIMITED
TO,
COMPENSATORY,
CONSEQUENTIAL,
INCIDENTAL,
INDIRECT,
SPECIAL
OR
PUNITIVE
DAMAGES.
Notwithstanding
any
claim
that a
sole or
exclusive
remedy
which is
provided
in this
Agreement
may or
does
fail of
its
essential
purpose,
you
specifically
acknowledge
and
agree
that
your
sole and
exclusive
remedy
for any
loss or
damage
shall be
to have
the
Parent
Companies,
upon
written
notice
from you
to us,
attempt
to
repair,
correct
or
replace
any
deficient
goods or
services
under
this
Agreement
and, if
repair,
correction
or
replacement
is not
reasonably
commercially
practicable
for the
Parent
Companies,
to
refund
any
monies
actually
paid by
you for
the
Products
involved
and to
terminate
and
discontinue
your use
of the
Site.
You
further
understand
and
acknowledge
the
capacity
of the
Site, in
the
aggregate
and for
each
user, is
limited.
Consequently
some
messages
and
transmissions
may not
be
processed
in a
timely
fashion
or at
all, and
some
features
or
functions
may be
restricted
or
delayed
or
become
completely
inoperable.
As a
result,
you
acknowledge
and
agree
that the
Parent
Companies
assume
no
liability,
