By using the Site and/or App, including but not limited to, setting up an account on the Site or App, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site or App. These TOU are a legal contract between you and Sleepworld and govern your access to and use of the Site and App together with any services offered through the Site or App. Your rights to use the Site and/or App are limited by applicable federal, state, and local laws and regulations.
Sleepworld may also offer promotions, sweepstakes, contests, services, or features that have their own terms, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion. The Site and App are intended for adults 18 years of age or older. By accessing the Site or App, you represent that you are 18 years of age or older.
In accordance with 47 U.S.C. § 230, parents should be aware that there are parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist them in limiting access to material that is harmful to minors. Examples of some of these protection services include ______________________________. Please note that Sleepworld in no way endorses or is responsible for these services.
The www.sleepworldintl.com Site and App
The purpose of the Site and App is to sell home textiles articles. Information contained on the Site and App is provided for educational and informational purposes only. You agree that you will only use the Site and/or App for its intended purposes, and not for other commercial ventures without first seeking approval from Sleepworld.
By using the Site and/or App, you may be able to interact with other Site or App users. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Sleepworld is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site and/or App. Any and all Site and App products or services are subject to availability. Sleepworld has no direct control over any user generated content supplied by Site and App users, and therefore Sleepworld is not liable to you or anyone else for any harm or damages you may experience in using and/or relying on any user generated content. While Sleepworld will try its best to make the content on the Site and App useful, Sleepworld does not warrant that any content on the Site and/or App will be useful or reliable.
Sleepworld hereby grants you a revocable and nonexclusive right and license to use and access the Site and App (including any underlying software) in a manner that is consistent with the other terms in these TOU and the intended purposes of the Site and/or App. Sleepworld reserves the right to terminate this License for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in these TOU.
Sleepworld reserves the right to modify these TOU at any time without prior notice. You should visit the Site and/or App from time to time to review the current TOU. By using the Site or App subsequent to any modification of these TOU, you agree to be bound by such modification(s). Sleepworld will highlight any change to these TOU for 30 days after such change(s) is/are made. Sleepworld does not represent that any content on the Site or App is completely accurate, and therefore any reliance on the Site or App is done at your own risk.
User Generated Content
The Site and/or App may allow you to upload your own user generated content (“UGC”) in certain areas. Sleepworld cannot guarantee that any user generated content is accurate, complete, or updated on any regular basis. Sleepworld is not responsible for any user generated content. None of the user generated content that may appear on the Site and/or App is fact-checked or maintained by Sleepworld. Any UGC you upload/post to the Site or App is done on a non-proprietary and non-confidential basis, and you agree that Sleepworld has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any UGC for the purpose of operating and/or marketing the Site, App, or any related goods or services offered through the Site or App. This license includes any right of publicity rights that may be present in the UGC.
Sleepworld is not required to treat any UGC as confidential.
You further agree that you will not upload/post to the Site or App any UGC that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you upload/post. You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any UGC uploaded/posted by you to the Site and/or App or you have been granted the right by the respective owner to upload/post the UGC; and (ii) your UGC does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity.
Sleepworld reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold harmless Sleepworld from any claims relating to any action taken by Sleepworld or law enforcement during or as a result of Sleepworld’s investigation related to your UGC or your use of the Site and/or App.
Sleepworld reserves the right to refuse, delete, or edit any UGC without cause and without notice for any or no reason including, but not limited to, for any action that Sleepworld determines is inappropriate or disruptive to the Site or App or to any other user of the Site or App. Sleepworld is under no duty to, and does not represent it will, monitor, edit, and/or remove any UGC.
Sleepworld does not accept unsolicited content or ideas you may attempt to transmit to Sleepworld directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Sleepworld unsolicited content or ideas, you agree that Sleepworld may use such content and ideas in any way Sleepworld wishes without any compensation to you.
Intellectual and Other Property
Other than the exceptions referenced in these TOU or noted elsewhere, the major exception being UGC uploaded/posted by users of the Site or App which remains the property of the users, all other content on the Site or App is the property of Sleepworld including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain name, or other electronic files (referred to hereafter as “Sleepworld Content”).
Certain elements of Site and App, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws. Any Sleepworld Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non‑commercial personal or educational use. No right, title, or interest in any Sleepworld Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site and/or App. Any use of Sleepworld Content must display the appropriate copyright, trademark, and other proprietary notices.
You acknowledge that you have no right, title, or interest in or to the Site, App and/or Sleepworld Content.
EnvioHome, Cuddles & Cribs, Pieridae, GoldMarque, Room2Go, and SleepDown are marks of Sleepworld. Other marks, names, and logos on the Site or App are the property of their respective owners. There may be other content located on the Site or App not owned by Sleepworld, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Sleepworld.
Copyright Infringement Notification
If you believe that any content on the Site or App infringes your copyright and you want the content removed from the Site or App, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Sleepworld’s designated agent for notice of claims of copyright infringement:
(i). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii). 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 Sleepworld to locate the material.
(iv). Information reasonably sufficient to permit Sleepworld to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v). A statement that the complaining party has 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.
(vi). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sleepworld’s Designated Agent is:
[Name/address/telephone/fax/email – this information must also be filed through the copyright office website in order to preserve the dmca immunity. Each corporate entity should file a separate one to be sure.]
Sleepworld takes copyright and other intellectual property issues seriously, and will terminate any Site or App accounts and/or access to users on the Site or App that are connected to valid and repeat copyright infringement complaints.
[You need to make sure you have a set policy on this that is enforced in practice. For example, after a user/account is the subject of a second takedown notification, there should be a warning that a third one will get the user/account terminated. For any subsequent takedown notice or obvious repeat infringement, terminate access.]
If you believe that any content on the Site or App violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to email@example.com detailing your allegation. Sleepworld takes infringement of intellectual property rights seriously and will investigate the matter.
Links to Third Party Sites And Other Interaction
The Site and/or App may contain links to external sites or other online locations not controlled and/or affiliated with Sleepworld. If you use these links, you will leave the Site and/or App. Sleepworld provides these links to you only as a convenience. Sleepworld is not responsible for the content at the linked sites/locations, including, without limitation, links displayed on such sites/locations. You access any linked sites/locations at your own risk.
Sleepworld may also allow interaction between the Site and/or App and other third party services such as Facebook, Twitter and other social media sites or applications. This may include “Like” buttons or other interactions through third party buttons or plugins on the Site or App that when used, may allow you to share content from the Site, App or other content with other persons on or through the third party sites or elsewhere. Please consult the privacy policies of these third party services before using them to make sure you are comfortable with the level of sharing. Sleepworld has no control over these third party services and you use these interaction functions at your own risk. Sleepworld is in no way liable for any harm to you as a result of using one of these interaction functions.
Other Prohibited Conduct
In connection with your access and/or use of the Site, App and/or any goods or services offered on or through the Site or App, you agree not to:
– Violate any federal, state, or local laws or regulations.
– Upload/post anything that imposes an unreasonable or disproportionately large strain on Sleepworld’s network or computer infrastructure.
– Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site or App, Sleepworld’s computers, servers or networks, and/or any computers or systems used by other users of the Site or App.
– Upload/post anything that could destroy, damage, or impair any portion of the Site, App or any computers, systems, hardware, or software used by Sleepworld or other users.
– Make unauthorized attempts to modify any information stored on the Site or App.
– Make attempts to defeat or circumvent security features, or to utilize the Site or App for any purpose other than its intended purposes.
– Discuss, incite, or promote illegal activity.
– Upload/post any unsolicited or unauthorized advertising, promotional materials, spam emails, chain letters, pyramid schemes, or any other form of such solicitations.
– Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site or App.
– Use the Site or App to send spam or unsolicited bulk email.
– Provide false or misleading information when signing up for an account on the Site or App, or otherwise upload/post any false or misleading information or content through the Site or App.
The previous list of prohibitions is not exclusive. Sleepworld reserves the right to terminate your access to the Site, App or any goods or services offered on or through the Site or App for any reason.
By accepting these TOU, you waive and hold harmless Sleepworld from any claims relating to any action taken by Sleepworld or law enforcement during or as a result of Sleepworld’s or law enforcement’s investigation related to your use of the Site or App.
You agree to indemnify, defend and hold harmless Sleepworld, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Sleepworld or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, App and/or any goods or services offered on or through the Site or App, your breach of these TOU, the use of the Site or App by any person using your password, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
In order to perform certain actions on the Site or App, you will need to set up a user account with a user name and password. You are responsible for maintaining the confidentiality of your password and user name, and agree to notify Sleepworld if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your user account. You may only set up one user account, and must do so in your own name. You agree to immediately notify Sleepworld at firstname.lastname@example.org of any unauthorized use of your user account or any other breach of security in relation to the Site or App known to you. If Sleepworld suspends or terminates your user account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you. You may cancel your user account at any time by contacting email@example.com.
Disclaimer of Warranties / Limitation of Liability
YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.
To the extent permitted by law, sleepworld and/or its affiliates make no express or implied warranties, representations or endorsements whatsoever with respect to the site, app or any goods or services offered on or through the site or app.
To the extent permitted by law, sleepworld and/or its affiliates expressly disclaim all warranties of any kind, (express, implied, statutory, or otherwise), including, but not limited to, implied warranties of merchantability, security, completeness, timeliness, appropriateness, accuracy, fitness for a particular purpose, freedom from computer viruses, title, and non-infringement.
To the extent permitted by law, the disclaimer of warranties applies to the site, app, any content thereon, and any goods or services offered on or through the site or app. Sleepworld and/or its affiliates do not warrant that the functions or content on the site and/or app will be uninterrupted, timely, or secure.
To the extent permitted by law, sleepworld and/or its affiliates do not warrant the accuracy or completeness of the site and/or app. To the extent permitted by law, sleepworld and/or its affiliates do not warrant that the site, app and/or content thereon will be error-free, that any errors will be corrected, or that the site, app or servers are free of viruses or other harmful components.
To the extent permitted by law, the site, app and related content, including any goods, services or information provided on or through the site or app, are provided on an “as is” and “as available” basis and, to the extent permitted by law, without warranties of any kind, either express or implied.
You assume the entire cost of all necessary repairs in the event you experience any loss or damage arising from the use of the site, app or any goods or services offered on or through the site or app. To the extent permitted by law, sleepworld and/or its affiliates make no warranties that your use of the site or app will not infringe the rights of others and assumes no liability for such infringement.
To the extent permitted by law, in no event will sleepworld or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and/or business partners, nor any party involved in the creation, production or transmission of the site or app, be liable for any damages whatsoever, including, but not limited to, any direct, indirect, incidental, consequential, special, exemplary, punitive, actual, or other indirect damages, including loss of revenue or income, lost data, loss of goodwill, business interruption, pain and suffering, emotional distress, or similar damages, even if sleepworld and/or any of the aforementioned parties have been advised of the possibility of such damages, arising out of: (1) the use or inability to use the site, app or any goods or services offered on or through the site or app; (2) any transaction conducted through or facilitated by the site or app; (3) any claim attributable to errors, omissions, or inaccuracies on the site or app; and/or (4) any other matter relating to the site, app, any good or service offered on or through the site or app, and/or any links on the site or app.
To the extent permitted by law, in no event will the collective liability of sleepworld or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, business partners, and/or any party involved in the creation, production or transmission of the site and/or app, to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you paid to sleepworld and/or the aforementioned parties for the applicable good or service out of which the liability arose.
If you are dissatisfied with these tou, the site, or the app, your sole and exclusive remedy is to discontinue using the site and/or app.
If you are dissatisfied with any good or service offered on or through the site and/or app, to the extent permitted by law, your sole and exclusive remedy is to discontinue using the site and/or app all provisions in these tou are applicable to the extent permitted by law.
U.S. Geographic Limitation
Sleepworld operates the Site and App from its headquarters in the United States, and the Site and App are intended only for users within the United States. If you use the Site or App outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site or App violates any of those local laws. By using the Site and/or App, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in, and stored in the United States.
Comments & Feedback
In compliance with your rights under California Civil Code § 1789.3, you have the right to contact Sleepworld with any complaints or to seek additional information. You may email Sleepworld at firstname.lastname@example.org. You may also call (646) 476-3029. For any physical documents, you may send mail to SLEEPWORLD INTERNATIONAL LLC, 267 FIFTH AVENUE, SUITE B 101, NEW YORK, NY 10016, USA.
If California users have any questions or complaints about Sleepworld, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227.