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Introduction

Introduction

These terms and conditions govern your use of www.sleephungry.com website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website :-

Unless otherwise stated, SLEEP HUNGRY and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

Member conduct :-

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Sleephungry.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Sleephungry Services. Sleephungry.com does not control the Content posted via the Sleephungry website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Sleephungry Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances Sleephungry.com will be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Sleephungry.com Services
agree to not use the Sleephungry.com Services to:-

  • Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a Sleephungry Official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Sleephungry Service;
  • Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
  • Upload, post, email, transmit, or otherwise make available any material that contains 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;
  • Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Sleephungry.com services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • Interfere with or disrupt the Sleephungry services or servers or networks connected to the Sleephungry Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Sleephungry Services, including using any device, software or routine to bypass our robot exclusion headers;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s).
  • "Stalk" or otherwise harass another; and/or
  • Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
  • Sell, rent or sub-license material from the website;

Acceptable use :-

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SLEEP HUNGRY'S] express written consent.You must not use this website to transmit or send unsolicited commercial communications.

TERMINATION/Restricted access :-

You may terminate your Sleephungry.com account, any associated email address and access to the Sleephungry Services by submitting such termination request to Sleephungry You agree that Sleephungry may, without prior notice, immediately terminate, limit your access to or suspend your Sleephungry account, any associated email address, and access to the Sleephungry Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Sleephungry Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Sleephungry Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Sleephungry's sole discretion and that Sleephungry shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Sleephungry Services.
Termination of your Sleephungry account includes any or all of the following: (a) removal of access to all or part of the offerings within the Sleephungry Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Sleephungry Services.

User content :-

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to SLEEP HUNGRY a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to SLEEP HUNGRY the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or SLEEP HUNGRY or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
SLEEP HUNGRY reserves the right to edit or remove any material submitted to this website, or stored on SLEEP HUNGRY'S servers, or hosted or published upon this website.
[Notwithstanding SLEEP HUNGRY'S rights under these terms and conditions in relation to user content, SLEEP HUNGRY does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties :-

This website is provided “as is” without any representations or warranties, express or implied. SLEEP HUNGRY makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SLEEP HUNGRY does not warrant that: This website will be constantly available, or available at all; or The information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability :-

SLEEP HUNGRY will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: [to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if SLEEP HUNGRY has been expressly advised of the potential loss.

Exceptions :-

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SLEEP HUNGRY'S liability in respect of any:
death or personal injury caused by sleephungry.com negligence;
fraud or fraudulent misrepresentation on the part of sleephungry; or matter which it would be illegal or unlawful for sleephungryto exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness :-

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties :-

You accept that, as a limited liability entity, SLEEP HUNGRY has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SLEEP HUNGRY'S officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SLEEP HUNGRY'S officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SLEEP HUNGRY.

Indemnity :-

You hereby indemnify SLEEP HUNGRY and undertake to keep SLEEP HUNGRY indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SLEEP HUNGRY to a third party in settlement of a claim or dispute on the advice of SLEEP HUNGRY'S legal advisers) incurred or suffered by SLEEP HUNGRY arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions. Breaches of these terms and conditions Without prejudice to Sleephungry.com other rights under these terms and conditions, if you breach these terms and conditions in any way, SLEEP HUNGRY may take such action as SLEEP HUNGRY deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation :-

SLEEP HUNGRY, may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment :-

SLEEP HUNGRY, may transfer, sub-contract or otherwise deal with SLEEP HUNGRY'S rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability :-

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement :-

These terms and conditions , together with [DOCUMENTS], constitute the entire agreement between you and sleephungry.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

VIOLATIONS :-

Please contact us if you have any questions about this statement.

SleepHungry