Terms and Conditions
Terms and Conditions of Use
2. OWNERSHIP RIGHTS & USE OF SITE MATERIALS:
Trademarks, logos and services marks displayed on this Site are registered and unregistered trademarks of Get Well Bedding, its licensors or content providers, or third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission. Get Well Bedding reserves all rights not to expressly granted in and to the Site its content. The Site and all of its content, including but not limited to text, designs, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the Australia and other countries. You may not (a) modify the content located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such content for any public or commercial purpose or (b) remove, obscure or otherwise deface proprietary notices appearing on any content, including copyright,trademark or other intellectual property notices.
3. USER ACCOUNT:
In order to access some feature of the Site, you may have to create an account. You may never use another individual’s account without permission. When creating your account, you must provide accurate,current and complete information. If any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your membership and/or access to the Site. You are solely responsible for the activity that occurs on your account and you must keep your password secure. You must notify Get Well Bedding immediately of any breach of security or unauthorized use of your account. You are solely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
4. USER MATERIAL:
You Shall retain all of your ownership rights in your name and any photographs and other material and content you post on, submit or upload to the Site (collectively,the”User Material”)2. However,by submitting,posting and/or uploading User Material to the Site, you hereby grant us a royalty-free, worldwide, perpetual, fully sub-licensable, irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and public display and otherwise exploit in any manner your User Material, and/or to incorporate it in other works in any form,media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise,without compensation to or prior approval by you. By submitting,posting or uploading User Material to the Site you represent and warrant that (a)no other party has any rights to the User Materials or that you have all rights necessary to grant the rights granted hereunder, (b) the User Material is not subject to any obligation,whether of confidentiality,attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any User Material, (c)your provision of the User Material to and through the Site, complies with all applicable laws, rules and regulations; and (d) you hereby indemnify Get Well Bedding for all claims resulting from the User Material you supply. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Material that you may have under any applicable law under any legal theory.
5. PROHIBITED ACTIVITIES:
You may not post, upload or transmit any materials or content on or through this Site:
that violates or infringes in any way upon the rights of others;
that solicits, encourages, promotes the use of illegal substances or activities;
which is unlawful, threatening, abusive, harrassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable; that is protected by copyright, trademark, trade secret or any other proprietary right, (unless you have secured all rights necessary to grant the rights granted hereunder);
that expresses or implies that any statements made by you are endorsed by Get Well Bedding;
that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state or federal law; or that contains nudity, obscene gestures, obscene language, advertising for products, services or websites and/or contact information (i.e phone numbers, addresses, URLs or email addresses).
We may, for your convenience, provide you with links to other websites from the Site (“Linked Sites”). Get Well Bedding is not responsible for the accuracy or availability of information provided by any Linked Site. Links to a linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. Links to a linked Site do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such Linked Site. Get Well Bedding does not control and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with the use of or reliance on any content, goods or services available on any linked Site. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING YOUR USE ANY CONTENT,PRODUCTS,ADVERTISING OR OTHER MATERIAL AVAILABLE THROUGH SUCH LINKED SITE,IS AT YOUR RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS.
7. ACCURACY OF INFORMATION:
Get Well Bedding takes all possible steps to ensure the accuracy of the information included in this Site. However, Get Well Bedding takes no responsibility for errors or omissions in the content of this Site. Information provided on this Site is subject to change at any time without prior notice.
8. COPYRIGHT INFRINGEMENT CLAIMS:
The Digital Millennium Copyright Act of 1998 (the”DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their right under Australian copyright law. If you believe in good faith that any material or content posted on the Site infringes your copyright,you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter notice.
To send a notice, please forward the following information to [insert name and contact information for copyright Agent3]:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing material and of where the alleged infringing material is located;
A statement by you that you have in good faith belief that the disputed use is not authorized by you,the copyright owner, its agent , or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 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 owners behalf.
9. MONITORING & REMOVAL OF CONTENT:
11. LIMITATION ON LIABILITY:
In no event shall Get Well Bedding or its affiliates or their respective officers, directors, employees, owners or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i)errors, mistakes, omissions or inaccuracies of content,(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of site,(iii)any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein ,(iv) any interruption or cessation of transmission to or from our site (iv) any bugs,viruses, trojon horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any loss or damage of any kind incurred as a result of your use of the site or of any content posted, emailed, transmitted, or otherwise made available via our site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Get Well Bedding is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Get Well Bedding shall not be liable for “user materials” or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify ,and hold harmless Get Well Bedding, its affiliates and its third party service providers, and their respective directors, officers,employees, owners, licensors and agents, from and against all claims, demands, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of (a) your breach of the Terms and/or the Policy; and/or (b) your use, access and/or activities in connection with the Site or any services related to the Site;(c) any content (including,without limitation any User material)you submit, post, transmit, upload, modify or otherwise make available through the Site, you use of the Site or your violation of any rights of any third party, including,without limitation, any copyright,property or privacy right;and (d) any claim that the User Material you submitted, transmitted or uploaded caused damage to a third party. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
15. NO WAIVER:
The failure on the part of Get Well Bedding to enforce any part of these Terms shall not constitute a waiver of any of Get Well Bedding’s rights hereunder for past and future actions.
Any dispute over the content or use of this Site shall be governed by the substantive laws of Australia and the state of New South Wales and the Jurisdiction and venue of any such action shall be vested solely in the federal and state courts located in New South Wales, Australia.