TERMS OF USE

Acceptance of Terms

By accessing or using any part of Mne’s Realm or the services provided on it as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Sleep Realm from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Sleep Realm and you. You are responsible for regularly reviewing the Terms of Use.

If you do not wish to be bound by these Terms of Use, please do not access or use any part of Sleep Realm.

Health care disclaimer

The content, products, and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives.

WE DO NOT PROVIDE MEDICAL ADVICE. Nothing in the content, products or services should be considered or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs, and before consuming or using any of the products mentioned on this site.

None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

This Content has not been evaluated by the Food and Drug Administration. The Content is not intended to diagnose, treat, cure, or prevent any disease.

We have obtained the information provided on the Site from sources believed to be reliable and accurate, but we can make no guarantee or warranty as to the accuracy, timeliness or completeness of that information.

If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

General Use of Sleep Realm

Unless specified otherwise, Sleep Realm offers you access to Sleep Realm solely for your personal and noncommercial uses. You agree to only access or use Sleep Realm only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

  • except with the express written permission of Sleep Realm modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from Sleep Realm, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
  • damage, disable, overburden, or impair Sleep Realm or interfere with any other party’s use and enjoyment of Sleep Realm;
  • obtain or attempt to obtain any materials or information through any means not made readily accessible by Sleep Realm;
  • except with the express written permission of Sleep Realm, access or attempt to access password protected, secure or non-public areas of Sleep Realm.

Sleep Realm grants you a non-exclusive, limited license, revocable at our discretion, for you to link to the Sleep Realm home page or other Sleep Realm posts from any site you own or control that is not commercially competitive with Sleep Realm and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission.

You agree that Sleep Realm may in its sole discretion and at any time terminate your access to and use of Sleep Realm, or any part thereof, with or without notice. You further agree that use of Sleep Realm and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, Sleep Realm reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through Sleep Realm may also be located on third-party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Sleep Realm to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Sleep Realm does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third-party Services, and you hereby release Sleep Realm from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Intended for users 18 and older

The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

Content Contained in Sleep Realm

Sleep Realm and its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on Sleep Realm (collectively, “Content”) is owned by Sleep Realm and/or third parties with all rights reserved unless otherwise noted. Sleep Realm grants you a limited license to access and use Sleep Realm and Content solely for informational, personal and non-commercial purposes (including printing individual pages from Sleep Realm provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from modifying or making any other use of Sleep Realm or Content, except with express written consent of Sleep Realm. You understand that all third party Content posted on, transmitted through, or linked from Sleep Realm, is the sole responsibility of the third-party originator of such Content.

Content is provided through the Sleep Realm AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Sleep Realm be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

Some materials, unless otherwise noted, were taken from the Internet and are assumed to be in the public domain. In the event that there is still a problem or error with copyrighted material, the break of the copyright is unintentional and noncommercial and the material will be removed immediately upon presented proof via emailing [email protected]

You acknowledge that Sleep Realm does not screen or approve third-party Content, and that Sleep Realm shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via Sleep Realm, for any reason.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through Sleep Realm, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via Sleep Realm. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Sleep Realm as provided below.

You promise that you will not use the Sleep Realm to:

  • Transmit any Content
    • not related to appropriate subject matters;
    • which is misleading to others, including consumers;
    • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • that you do not have a right to post and transmit under any law or under contractual relationships;
    • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    • and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to Sleep Realm, you grant, and you represent and warrant that you have the right to grant, to Sleep Realm an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of Sleep Realm, you grant Sleep Realm all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Sleep Realm by any party for any purpose.

Any content placed on any discussion area is the views of the user posting the statement and do not represent the views of Sleep Realm.

If you submit any products, concepts, ideas, images, photographs, descriptions or other materials (each, a “Submission”), you acknowledge, understand and agree that Sleep Realm is under no obligation whatsoever to review, consider, publish, develop, sell or otherwise use your Submission, or to develop, continue to develop or otherwise produce any product or any other material or content, whether or not involving your or anyone else’s Submission or otherwise.

By making a Submission, you represent and warrant that you have read, understand and shall follow these Terms of Use.

You understand, acknowledge and agree that upon your submission of the Submission to Sleep Realm, that the Submission materials become the property of Sleep Realm and Sleep Realm shall not have any obligation to return or account to you for any Submissions you submit to Sleep Realm, that Sleep Realm is not under any obligation to provide you with any compensation or credit (verbal or written) for the Submission and/or Sleep Realm’s use of the Submissions.

You represent and warrant that the Submission is your original creation, there are no adverse claims in or to the Submission and the Submission does not violate any copyright, patent (including design patent), trademark, trade name, or the rights of any third party, and is not otherwise unlawful.

You acknowledge that other persons may have submitted photographs, ideas, concepts, products or other material to Sleep Realm, may have made public, or may originate, submit or make public, material similar or identical to any materials, proposals, suggestions, concepts and the like relating to your Submission.

You acknowledge both that Sleep Realm receives numerous submissions of similar, equivalent or even identical content, products, information or material from many parties and/or may have already developed and/or considered similar or identical concepts to those contained in the Submission and that Sleep Realm’s review of the Submission is not an admission of novelty, priority or originality.

You understand and agree you will not be entitled to any compensation because of the use of, or because of the manner associated with, any content, information or material that is similar, equivalent or even identical to the content, information or material relating to your Submission.

Even if you subsequently see or learn of a product which appears to incorporate any idea or concept or include anything similar to that contained in the Submission that you or anyone else submits to Sleep Realm (“Other Product”), you agree thatSleep Realm shall have no obligation to you with respect to any such Other Product.

You will not assume or infer that your Submission has been accepted, produced or otherwise used.

You acknowledge, understand and agree that (a) there does not now exist, nor has there ever existed, nor will there exist, a fiduciary or confidential relationship between you and Sleep Realm and that the Submission is not being submitted in confidence or in trust, nor are you an agent nor acting on behalf of or as a representative of Sleep Realm in connection with the Submission; (b) you are making this submission on a voluntary and unsolicited basis; (c) you have not agreed to this disclaimer in reliance upon any representation or promise, whether written or oral; (d) you acknowledge that you will be required to execute a formal agreement with Sleep Realm in the event that Sleep Realm intends to use your Submission.

Sleep Realm is committed to maintaining the privacy and security of any and all such information that you provide to Sleep Realm in accordance with its Privacy Policy.

Please note that posts to our Site, our forums and comments are viewable by the public and discoverable by search engines. When using our forums and blogs, some of your personally identifiable information (only if provided by you) such as your first or last name, might be displayed, making your information no longer private. Please bear this in mind when creating a user name and when posting using a first and/or last name.

Connecting to Sleep Realm via a Mobile Device

Sleep Realm may include certain Services that may be available via your mobile device, including without limitation, the ability to upload to the Website via your mobile device, the ability to receive and reply to messages and to send content and messages using text messaging, and the ability to access the Website from your mobile device (collectively, the “Mobile Services”). Sleep Realm does not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost.

General Terms

Applicable Law

This Terms of Use is governed by the laws of the State of Sleep Realm without regard to conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida, County of Miami-Dade, in all disputes arising out of or relating to accessing or using of Sleep Realm. Access or use of Sleep Realm is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sleep Realm as a result of the Terms of Use or accessing or using Sleep Realm. Sleep Realm’s performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Sleep Realm’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of Sleep Realm or information provided to or gathered by Sleep Realm with respect to such use.

Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Sleep Realm), the Terms of Use constitutes the entire agreement between you and Sleep Realm with respect to Sleep Realm and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sleep Realm with respect to Sleep Realm. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON SLEEP REALM, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLEEP REALM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SLEEP REALM, OR THE PRODUCTS, SERVICES AND/OR ANYTHING ELSE CONTAINED IN THE SITE’S CONTENT. SLEEP REALM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD SLEEP REALM, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO SLEEP REALM/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL SLEEP REALM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SLEEP REALM, WITH THE DELAY OR INABILITY TO ACCESS OR USE SLEEP REALM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH SLEEP REALM, OR OTHERWISE ARISING OUT OF THE USE OF SLEEP REALM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SLEEP REALM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF SLEEP REALM, AND ALL OTHER USE OF SLEEP REALM, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF SLEEP REALM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SLEEP REALM.

Copyright

All materials on Sleep Realm (as well as the organization and layout of Sleep Realm) are owned and copyrighted or licensed by Sleep Realm, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on Sleep Realm is permitted without the written permission of Sleep Realm. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Sleep Realm’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

Legal Department, Media Realm

[email protected]

 

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