TERMS OF SERVICE
MattressCity reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.
2. USE OF OUR SERVICE
a. Eligibility. Because we respect the rights of children and parents, you may use the MattressCity Service only if you can form a binding contract with MattressCity, and only in compliance with this Agreement and all applicable local and international laws, rules and regulations. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.
c. Your responsibility for your account: You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify MattressCity immediately of any breach of security or unauthorized use of your account. MattressCity will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of MattressCity or others due to such unauthorized use.
e. Your interaction with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MattressCity will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
f. Changes to the Service. MattressCity may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3. ACCEPTABLE USE POLICY
To keep MattressCity running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the MattressCity Acceptable Use Policy below. This Acceptable Use Policy is a part of the MattressCity Terms of Service.
As a condition of use, you hereby agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement or applicable law, or any other purpose not reasonably intended by MattressCity. By way of example, and not as a limitation, you agree not to use the Service:
a. To abuse, harass, threaten, impersonate, or intimidate other MattressCity Users;
b. To contribute any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
c. For any illegal or unauthorized purpose. If you are an international User, you agree to comply with all local laws in your use of the Service;
d. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MattressCity User;
e. To create or submit unwanted email or text messages (“Spam”) to any other MattressCity Users or third parties;
f. To violate any laws in your jurisdiction (including but not limited to copyright laws);
g. To submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
h. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
4. SHARING YOUR CONTENT
a. Your content. MattressCity allows you to post content on the Service, including comments, photos, messages, URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as “User Content.”
b. How MattressCity and other Users can use your content. Unless you have entered into a separate assignment agreement with MattressCity, you own all of the User Content that you post or publish (“post”) on the Service. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict MattressCity’ rights under any separate content assignment agreements and/or license agreements.
c. Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. MattressCity reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. MattressCity takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. MattressCity is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that MattressCity shall not be liable for any damages you allege to incur as a result of such User Content.
d. Definition of Intellectual Property Rights. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
5. OUR CONTENT
a. MattressCity Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of MattressCity and its licensors (“MattressCity Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the MattressCity Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the MattressCity Content, including without limitation any materials or content accessible on the Service. “MattressCity” and other MattressCity graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of MattressCity protected by the laws of Thailand and other jurisdictions. MattressCity’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the MattressCity Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
b. Our license to you. Subject to the terms and conditions of this Agreement, MattressCity provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. MattressCity may terminate this license at any time for any reason or no reason.
c. Feedback you provide. We value input from our Users, and are always interested in learning of ways we can make MattressCity better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MattressCity under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, MattressCity does not waive any rights to use similar or related Feedback previously known to MattressCity, or developed by its employees, or obtained from sources other than you.
6. MATTRESSCITY’S COPYRIGHT POLICY
MattressCity requires that Users of the Service respect the copyright and other intellectual property rights of all third parties. MattressCity will terminate, where warranted as determined in MattressCity’ sole discretion, Users whom MattressCity believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Service, please send an email to firstname.lastname@example.org.
8. MOBILE SOFTWARE
a. Our Mobile Software (mobile apps). We make available mobile applications and other software for mobile devices (“Mobile Software”) to access the Service via a mobile device. To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. MattressCity does not warrant that the Mobile Software will be compatible with your mobile device. MattressCity hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one MattressCity account on one or more mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that MattressCity may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and MattressCity or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. MattressCity reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of our Mobile Software.
You agree to defend, indemnify and hold harmless MattressCity, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account or MattressCity User ID.
10. NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MATTRESSCITY, ITS PARENT, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
MATTRESSCITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MATTRESSCITY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MATTRESSCITY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
11. THIRD-PARTY LINKS, SITES AND SERVICES
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MATTRESSCITY, ITS PARENT, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED US DOLLARS (US$100), EVEN IF MATTRESSCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL MATTRESSCITY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. TERMINATION OF YOUR ACCOUNT AND THE SERVICE
MattressCity may terminate or suspend the Service in whole or in part and/or your MattressCity account immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Service will immediately cease.
If you wish to terminate your MattressCity account, you may discontinue using the Service by sending an email message to email@example.com with the words “Terminate account” in the subject field.
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. GOVERNING LAW AND ARBITRATION
a. Governing Law. You agree that: (i) the Service shall be deemed solely based in Thailand; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over MattressCity, either specific or general, in jurisdictions other than Thailand. This Agreement shall be governed by the internal substantive laws of the Thailand judiciary, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a court, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
b. Arbitration. For any dispute with MattressCity, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that MattressCity has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any MattressCity claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Thailand International Arbitration Center (HKIAC). Each party will be responsible for paying any HKIAC filing, administrative and arbitrator fees in accordance with KHIAC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MATTRESSCITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15. MISCELLANEOUS TERMS
a. No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MattressCity in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
b. Notification. MattressCity may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by MattressCity in our sole discretion. MattressCity reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. MattressCity is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
c. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with MattressCity in connection with the Service, shall constitute the entire agreement between you and MattressCity concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
d. Assignment. This Agreement is not assignable, transferable or sublicensable by you except with MattressCity’s prior written consent. MattressCity may transfer, assign or delegate this Agreement and its rights and obligations without consent.
e. Contact. Please contact us at email@example.com with any questions regarding this Agreement.
This Agreement was last updated on: March 3, 2018.