SleepNote Terms of Use

SleepNote Terms of Use

 

Shenzhen Medica Technology Development Co., Ltd. and its affiliates ("Sleepace," "we" or "us") provide online and mobile services, including, but not limited to the Sleepace website ("mysleepace.com" or "sleepace.net" or the "Site"), widgets, computer programs and mobile applications hosted by or on behalf of Sleepace (collectively, the "Sleepace Services") intended to enhance a consumer's use of the personal fitness and body monitoring electronic products offered by Sleepace (the "Sleepace Products"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SHENZHEN MEDICA TECHNOLOGY DEVELOPMENT CO., LTD. AND GOVERNS YOUR USE OF THE SLEEPACE SERVICES AND SLEEPACE PRODUCTS. Subject to your acceptance of and adherence to these Terms of Use (the "Terms of Use"), Sleepace hereby grants you a limited, non-exclusive license to utilize the Sleepace Services as set forth herein. The terms "you" and "user" shall refer to all individuals and entities that access the Sleepace Services.

By your affirmative actions of registering for and/or using the Sleepace Services, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow Sleepace to communicate with you electronically regarding the Sleepace Products and the Sleepace Services.

 

Modifications to the Terms of Use

 

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Sleepace home page and we will indicate the date of the "Latest Update" at the bottom of the Terms of Use. We may also place a special notice on the Sleepace Services or communicate significant changes by email. Your continued use of the Sleepace Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.

 

Requirements for Use of the Sleepace Services

 

The Sleepace Services are available for individuals aged 18 years or older.

Full use of the Sleepace Services requires compatible Sleepace Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Sleepace Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Sleepace Services.

Please see the section entitled "Precautions" below for recommended precautions related to your use of the Sleepace Products and the Sleepace Services.

 

Agency

 

You represent that you are using the Sleepace Services for its intended purpose. If you are registering or using the Sleepace Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

 

Precautions

 

Content found on "mysleepace.com" or "sleepace.net" or through the Sleepace Services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You should always consult a physician before starting a fitness program, changing your diet or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Sleepace Services. You should consult with your physician before following any training instructions you receive through the Sleepace Services or participating in any event announced on or through the Sleepace Services. Not all exercises or activities described on the Sleepace Services are suitable for everyone. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or local health clinics immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. People who have Type 1 diabetes or other adverse medical or nutritional conditions should not use the Sleepace Services unless such use is directed and closely monitored by a physician. By using the Sleepace Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Sleepace Services.

We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Sleepace Services. If you engage in any exercise program you receive or learn about through the Sleepace Services you agree that you do so at your own risk and are voluntarily participating in these activities.

 

Information on the Sleepace Services

 

We try to provide helpful and accurate information on the Sleepace Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Sleepace Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Sleepace Services. If you rely on any information provided by Sleepace, Sleepace employees, or others appearing on or contributing content to the Sleepace Services, you do so solely at your own risk.

 

Your Privacy Settings

 

Through the Sleepace Services, we enable you, if you wish, to share information with others, as this is an important motivator to achieve sleep fitness goals. You can use the privacy settings within the Sleepace Services to control which information about you is shared with others.

 

User-Generated Content

 

Subject to Sleepace’s adherence with the privacy settings you select within the Sleepace Services, you hereby grant to Sleepace a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the Sleepace Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. Subject to Sleepace’s adherence to the privacy settings you select within the Sleepace Services, you hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Sleepace’s use of the User Generated Content or require your permission for Sleepace to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Sleepace or its sublicensees relating to Sleepace’s or its sublicensees' use of the User Generated Content in accordance with your privacy settings, and you hereby release Sleepace and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

 

Registration and Password; Privacy Policy

 

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Sleepace cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Sleepace account or for any third party's fraudulent use or misuse of information submitted by you.

You represent that the information that you provide about yourself as requested in the Sleepace account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Sleepace with your current email address, so that you may receive notifications and other account-related communications.

The Sleepace Services are subject to the Sleepace Privacy Policy, which can be found at www.sleepace.net/privacy.

 

Ownership of the Sleepace Services

 

Except for the User Generated Content, the Sleepace Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Sleepace or its licensors. You acknowledge that the Sleepace Services and any underlying technology used in connection with the Sleepace Services contain Sleepace’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Sleepace Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Sleepace Services not expressly granted to you by Sleepace are retained by Sleepace and its licensors.

If you violate any of these Terms of Use, your permission to use the Sleepace Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Sleepace Services.

 

Email Rules

 

Some of our users will make their email addresses available if they wish to converse with other users with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Users found using email information in this manner may have their user accounts terminated. We are not responsible for the content of email messages sent to you by our users or from third parties.

 

User Indemnification Of Sleepace

 

Upon request by us, you agree to defend, indemnify and hold Sleepace and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Sleepace Services, including any User Generated Content you post, store, reproduce, display, or distribute via the Sleepace Services; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Sleepace Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

 

User Conduct

 

If we determine that any user is not using the Sleepace Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Sleepace Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of Community Pages or other parts of the Sleepace Services, or delete information you have posted to the Sleepace Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of Sleepace or third parties, or (e) could cause Sleepace liability. Without limiting the foregoing, upon any termination of your account or access to the Sleepace Services we may delete all User Generated Content and other information related to your Community Pages. If Sleepace suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

 

Changes to Sleepace Services

 

Sleepace may change or discontinue, temporarily or permanently, any feature or component of the Sleepace Services at any time without further notice. In addition, we may, without notice to the applicable user, terminate individual Community Pages that have been inactive for more than 30 days, but have no obligation to do so. You agree that Sleepace shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Sleepace Services.

 

Third Party Services

 

The Sleepace Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Sleepace Services does not imply approval or endorsement of the linked website by us. If you decide to leave our Sleepace Services and access these third party websites, you do so at your own risk. Sleepace suggests that you read the terms of use and privacy policies (if any) on those third party websites. You agree that Sleepace has no liability for any damage or loss of any type that is a result of your use of a third party website.

 

Content And Warranty Disclaimer

 

THE SLEEPACE APP AND PRODUCT IS PROVIDED BY SLEEPACE AND ITS AFFILIATES "AS IS." NEITHER SLEEPACE NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SLEEPACE APP AND PRODUCT, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SLEEPACE APP AND PRODUCT. IN ADDITION, SLEEPACE AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SLEEPACE APP AND PRODUCT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, SLEEPACE DOES NOT WARRANT THAT USE OF THE SLEEPACE APP AND PRODUCT WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SLEEPACE APP AND PRODUCT IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

 

Limitation of Liability

 

IN NO EVENT WILL SLEEPACE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SLEEPACE APP AND PRODUCT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SLEEPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SLEEPACE, ARISING FROM OR RELATING TO THE SLEEPACE APP AND PRODUCT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. SLEEPACE’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

 

Dispute Resolution

 

You agree that any dispute between you and Sleepace arising out of or relating to these Terms of Use, the Sleepace Products, or the Sleepace Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Use and the resolution of any Disputes shall be governed by and construed in accordance with the laws of ShenZhen in China without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sleepace, you agree to try to resolve the Dispute informally by contacting support@mysleepace.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Sleepace may bring a formal proceeding.

We Both Agree To Arbitrate: You and Sleepace agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting legal@sleepace.net within 30 days of first accepting these Terms of Use and stating that you decline this arbitration agreement.

Arbitration Procedures: The China International Economic and Trade Arbitration Commission(CIETAC) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the China where you live or work, Shenzhen, Beijing, or any other location we agree to.

Arbitration Fees: The CIETAC rules will govern payment of all arbitration fees. Sleepace will pay all arbitration fees for claims less than $5,000. Sleepace will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or Sleepace may assert claims, if they qualify, in small claims court in Shenzhen or any China where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sleepace Products or Sleepace Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Sleepace on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sleepace agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Sleepace consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sleepace Products or Sleepace Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

General

 

If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Sleepace’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Sleepace in writing. These terms and conditions constitute the entire agreement between you and Sleepace with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

 

Shenzhen Medica Technology Development Co., Ltd.

2F Building A,Tongfang Information Harbor,No.11,East Langshan Road,Nanshan District,Shenzhen,P.R.China, 518057

 

Date of last update: NOV 11, 2015