Mattress Forum is owned and operated by GoodMorning.com, Inc. (the “Company”), owner of Apollo, Novosbed, Douglas, Logan & Cove, Juno, Recore, Brunswick, and Podium. Mattress Forum may advertise the Company’s products on its various websites (the “Sites”) and will indicate when it engages in such advertising.
1. General Remark
The Sites are for personal and non-commercial use. All content included in the Sites, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, sounds, video clips, software and links to external websites (the “Content”), is provided for informational purposes only. Please use caution and common sense when using the Sites.
2. Disclaimers and Limitation of Liability
The Company intends for the Content on the Sites to be accurate and reliable; however, the Sites and the Content are provided to you “as is” and “as available” and without warranty or condition of any kind, whether express or implied. In particular, the Company does not control the Content posted by users on the Sites and makes no representation or warranty with respect to the accuracy of the information accessible on or through the Sites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement of third-party rights, freedom from computer virus, and warranties arising from course of dealing or course of performance. The Company does not represent or warrant that the functions contained in the Sites will be uninterrupted or error free, that defects will be corrected or that the Sites or the server which makes the Sites available are free from viruses or other harmful components. In no event shall the Company be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages, arising out of or in connection with the use or performance of the Sites or any other site you may access while using the Sites or any Content on the Sites, even if advised of the possibility of such damages.
4. Posting Policy
- Content posted on the Sites reflect only the views of their respective contributors and do not necessarily reflect the views of the Company, its management or its employees. The Company is not responsible for any of the Content posted, except for Content made by its employees when posting as agents of the Company. The Company shall not under any circumstance be held liable for any costs, losses, expenses and damages whatsoever and howsoever arising in connection with Content made by contributors to the Sites.
- Content created by an employee of the Company, when acting as an agent for the Company, will be clearly marked as Content made by an agent of the Company.
- By posting on the Sites, you hereby represent and warrant that any testimonials are a true and honest belief based on experience with the product or service mentioned. Content which contains false or misleading claims or endorsements may be removed by the Company at its sole and absolute discretion.
- Content which includes comments or other materials that are inappropriate, defamatory, harassing, abusive, threatening or otherwise offensive, as determined by the Company in its sole and absolute discretion, will be removed without notice. Content which includes profanity or otherwise offensive language; derogatory characterizations of any ethnic, racial, sexual or religious groups; or endorses or condones any illegal activity will be removed without notice.
- Content which contains: (i) commercial content, including without limitation, advertising, solicitation, offers to sell any goods or services, or (ii) advertising, solicitation, offers to join any organization whatsoever, or (iii) surveys, contests, junk mail content, “spam” or chain letters will be removed by the Company without notice.
- Content must comply with all applicable laws, including, but not limited to, the applicable criminal, civil and intellectual property laws. Do not post or submit any third-party materials unless you have first obtained consent from the owner of such materials. By posting any third-party materials, you hereby represent and warrant that you have the right to share the material in its submitted content, including but not limited to any trade-marks and copyrighted material.
- You must not use the Sites in any way which would interfere with the Company’s operations or the ability of other users to use the Sites.
- In addition to any other rights that you may have granted to the Company, you (and your parent/legal guardian if you are under the legal age of majority in your jurisdiction of residence) hereby: (i) grant to the Company and its affiliates, in perpetuity, a world-wide, royalty-free, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use your submitted content in any format or media; and (ii) waive all moral rights in and to your submitted content in favour of the Company and anyone authorized by the Company to reproduce or otherwise use the content.
- You (and your parent/legal guardian if you are under the legal age of majority in your jurisdiction of residence) hereby covenant not to make or bring any claim against the Company or any of the other Released Parties as a result of your use of the Sites, and forever release and discharge the Company and all other Released Parties from liability under such claims.
- This page is public. For your own safety, please do not post or submit any personal information about yourself or third parties.
By posting, uploading or submitting any information, material or content to the Sites, you hereby grant (or automatically warrant that the owner of the rights to such material, information or content has expressly granted) the Company a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute or otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
6. Web Scraping/Harvesting
The framing, scraping, data-mining, extraction or collection of the Content of the Sites in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on these Sites.
7. Hyperlinking to the Sites
You may create a link (the “Hyperlink”) to one or more of the Sites provided that:
- you do not replicate any of the Content of the Sites;
- you do not create a frame or any other bordered environment around the Sites or any of the Content contained on the Sites;
- the Hyperlink shall not imply any endorsement of any product or services;
- the website linking to the Sites does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and
- the website linking to the Sites does not contain any information, content or material that would interfere with the operation of the Sites nor which defames, is obscene, abusive or threatening nor infringes intellectual property laws, privacy laws or violates any other applicable laws.
The Company may withdraw your right to link to the Sites at any time in their sole and absolute discretion.
8. External Links on the Sites
Links available on the Sites will allow you to link to websites not maintained or controlled by the Company. The Company provides these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding these other websites and assumes no responsibility for content on third party websites. Please be aware that you link to these third-party websites at your own risk.
All Content published on or otherwise accessible through the Sites is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by the Company or the Company’s content suppliers. You may only use or reproduce the Content for your own personal and non-commercial use. The Content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Sites and maintain such notices in the Content.
11. Registered User Accounts
In order to access certain parts of the Sites, you may have to register as a user with the Company. During registration for a user account, you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account, including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with this provision.