TERMS & CONDITIONS

OVERVIEW

Welcome to e.sleepywinks.com (the “Site”).

These terms and conditions (these “Terms”) govern your use of the Site including the use of any services made available by us. The Site and our services are collectively called the “Services”.

Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms, including any modified terms and conditions. If you do not agree to these Terms, then you must exit the Site and discontinue any use of the Services. The use of the Services is at your own risk.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the provisions contained therein.

CHANGES TO THESE TERMS OR SERVICES

We reserve the right to modify or update these Terms, at any time in our sole discretion. If we do so, we will post them on the Site and the modified Terms shall take effect immediately. It is your responsibility to check this page periodically. If you continue to use the Services after we have posted the modified Terms, you are indicating to us that you conclusively agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you must not use the Services anymore. We reserve the right to change or discontinue all or any part of the Services, at any time in our sole discretion.

PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by this reference.

WHO MAY USE THE SERVICES

By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and legally capable of entering into binding contracts. If you are under the age of majority in your state or province of residence (i.e. if you are a minor), you cannot use the Services unless you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms.

LIMITED LICENCE, SERVICES ACCESS & PROHIBITIONS

Subject to your compliance with these Terms, we grant you a temporary, limited and revocable licence to access and use the Services for personal and non-commercial use only.

You shall not: (a) resell or make any commercial use of the Site or any of the Content on the Services; (b) transmit or publish through the Services any User Content that violates or infringes the copyright, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (c) transmit or publish through the Services any User Content that is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable laws; (d) cause annoyance to other users; (e) transmit or publish unsolicited advertising or promotional material; (f) transmit any User Content that contains bugs, viruses, Trojan, spyware, malware, or any other technically harmful material; (g) use any automated systems or software to extract or otherwise collect data from the Services or any other user of the Services; (h) use the Services in an illegal way or to commit illegal act in relation to the Services or that otherwise result in penalties and other liability to us; or (i) access the Services from a jurisdiction where they are illegal or unauthorized.

Any breach of these Terms shall result in the immediate revocation of this licence without notice to you.

CONTENT

Although we will use reasonable efforts to ensure the accuracy of information within the Services, we shall not be liable for damages of any kind resulting from the use of the Services.

INTELLECTUAL PROPERTY

The entire content included on the Services, including but not limited to, texts, images, photographs, illustrations, graphics, icons, video clips, all codes and software, and other material, and their arrangement, compilation and presentation (collectively the “Content”, excluding User Content as defined below), including all associated intellectual property rights, is the exclusive property of SleepyWinks, or its licensors, or their respective owners.

Unless otherwise noted, SleepyWinks and, other marks and logos displayed on the Services are the marks and logos of SleepyWinks. All other marks, logos and intellectual property rights are the property of their respective owners. Any unauthorized use is strictly prohibited.

We respect the intellectual property rights of others, and require our users to do the same. If you believe your intellectual property rights have been infringed, please contact us at blog@sleepywinks.com

USER SUBMITTED CONTENT & CONTENT OWNERSHIP

The Services may allow you to submit comments, reviews, photographs and images, multimedia contents, ideas, suggestions, or similar materials to be made available through the Services (collectively, “User Content”). However, any User Content you submit to the Services must not harass, slander, libel, defame, threaten or otherwise violate any rights of any third parties, and must not include any obscene, indecent, pornographic, unlawful, or technically harmful or malicious material.

We do not claim ownership rights in any User Content. You are solely responsible for all your User Content.

However, by submitting User Content on the Services, you hereby grant us an unrestricted, assignable, transferable, worldwide, royalty-free, perpetual, irrevocable licence to use, copy, host, store, reproduce, distribute, transmit, publicly display, publicly perform, adapt, and create derivative works from such User Content. You further grant us the right and royalty-free licence, but without the obligation, to use the name, image, and likeness of any person identifiable in any User Content you submit to the Services.

By submitting User Content, you waive any and all rights of publicity, privacy or any other rights of a similar nature. You represent, warrant and covenant that (a) you either are the sole and exclusive owner of the User Content that you submit to the Services, or you have all rights, licences, consents, and releases that are necessary to grant us the rights in your User Content as contemplated under the Terms, and (b) the User Content you submit to the Services do not (b1) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or property rights, (b2) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation, or (b3) require us to obtain any licences from or make any payments in any amounts to any third party.

PARTICIPATION DISCLAIMER

We have no obligation to monitor the Services and, do not and cannot review all communications and User Content submitted by users accessing the Services and, are not in any manner responsible for, nor undertaking any obligation or liability relating to, the content of these communications and User Content. However, we reserve the right to review any User Content and remove, delete, redact or otherwise modify such User Content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display, or post, or remove, any User Content on the Services.

The Services may also provide you with the ability to interact with optional third-party social media features and services, such as through Facebook “Like” buttons, and otherwise. Such features may enable integration and/or access to your social media accounts. We do not control those social media services, your profile on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using such features made available to you on or through our Services. Links to these third-party features and services is provided on a “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these third-party features and services.

THIRD-PARTY LINKS

The Site may contain links to other websites or resources that are owned and/or operated by third parties. We provide these links only as a convenience, and you acknowledge that we are not responsible for the operation of, or the content, product, or services available on or through, any such websites, all of which have privacy and data collection practices that are separate and independent of us. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third party websites or resources.

TERMINATION

Notwithstanding any of these Terms, we may immediately terminate your licence to access and use the Services, in our sole discretion, at any time and without notice to you. Upon termination, you shall immediately cease all access to and use of the Services.

NO WARRANTY, DISCLAIMERS & LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF TRANSACTIONS CONDUCTED ON OR THROUGH THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE MADE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF TECHNICALLY HARMFUL MATERIALS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITIES FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER WRITTEN OR OTHERWISE, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM.

WE ARE NOT LICENSED MEDICAL PROFESSIONALS. THE SITE OR SERVICES MAY OFFER HEALTH, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION ARE NOT INTENDED FOR DIAGNOSING OR TREATING ANY DISEASE OR CONDITION AND ARE FOR EDUCATIONAL PURPOSES ONLY. PLEASE CONSULT YOUR DOCTOR OR HEALTHCARE PROVIDER TO DETERMINE THE BEST COURSE OF TREATMENT FOR YOU. NEITHER SLEEPYWINKS NOR ANYONE ASSOCIATED WITH SLEEPYWINKS SHALL BE HELD ACCOUNTABLE FOR THE USE OF THE INFORMATION.

INDEMNIFICATION

You agree to defend, indemnify and hold completely harmless SleepyWinks, from and against all demands, loss, claims, damages, liabilities, or expenses (including legal fees) made against us by any third party due to or arising out of or in connection with your use of the Services.