Requirements for Use of the Sleepm Services:
The Sleepm Services are available for individuals aged 18 years or older.
Full use of the Sleepm Services requires compatible Sleepm Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Sleepm 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 Sleepm Services.
Please see the section entitled “Precautions” below for recommended precautions related to your use of the Sleepm Products and the Sleepm Services.
You represent that you are using the Sleepm Services for its intended purpose. If you are registering or using the Sleepm Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
Content found on “sleepm.com” or “Sleepm.net” or through the Sleepm 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 Sleepm Services. You should consult with your physician before following any training instructions you receive through the Sleepm Services or participating in any event announced on or through the Sleepm Services. Not all exercises or activities described on the Sleepm 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 Sleepm Services unless such use is directed and closely monitored by a physician. By using the Sleepm Services, you represent that you have received consent from your physician to participate in the programs, workouts, and exercises described on the Sleepm Services.
We are not responsible for any health problems that may result from training programs, products, or events you learn about through the Sleepm Services. If you engage in any exercise program, you receive or learn about through the Sleepm Services you agree that you do so at your own risk and are voluntarily participating in these activities.
Information on the Sleepm Services:
We try to provide helpful and accurate information on the Sleepm Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Sleepm Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Sleepm Services. If you rely on any information provided by Sleepm, Sleepm employees, or others appearing on or contributing content to the Sleepm Services, you do so solely at your own risk.
Your Privacy Settings:
Through the Sleepm 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 Sleepm Services to control which information about you is shared with others.
Subject to Sleepm’s adherence with the privacy settings you select within the Sleepm Services, you hereby grant to Sleepm 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 Sleepm 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 Sleepm’s adherence to the privacy settings you select within the Sleepm 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 Sleepm’s use of the User Generated Content or require your permission for Sleepm to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Sleepm or its sublicensees relating to Sleepm’s or its sublicensees’ use of the User Generated Content in accordance with your privacy settings, and you hereby release Sleepm 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.
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. Sleepm cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Sleepm 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 Sleepm account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Sleepm with your current email address, so that you may receive notifications and other account-related communications.
Ownership of the Sleepm Services:
Except for the User Generated Content, the Sleepm Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Sleepm or its licensors. You acknowledge that the Sleepm Services and any underlying technology used in connection with the Sleepm Services contain Sleepm’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 Sleepm 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 Sleepm Services not expressly granted to you by Sleepm are retained by Sleepm and its licensors.
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 Sleepm:
Changes to Sleepm Services:
Sleepm may change or discontinue, temporarily or permanently, any feature or component of the Sleepm 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 Sleepm shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Sleepm Services.
Third Party Services:
Content And Warranty Disclaimer:
THE SLEEPM APP AND PRODUCT IS PROVIDED BY SLEEPM AND ITS AFFILIATES “AS IS.” NEITHER SLEEPM NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SLEEPM APP AND PRODUCT, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SLEEPM APP AND PRODUCT. IN ADDITION, SLEEPM AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SLEEPM 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, SLEEPM DOES NOT WARRANT THAT USE OF THE SLEEPM 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 SLEEPM APP AND PRODUCT IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
Limitation of Liability:
IN NO EVENT WILL SLEEPM 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 SLEEPM APP AND PRODUCT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SLEEPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SLEEPM, ARISING FROM OR RELATING TO THE SLEEPM 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. SLEEPM’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.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Sleepm, you agree to try to resolve the Dispute informally by contacting email@example.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 Sleepm may bring a formal proceeding.
We Both Agree to Arbitrate: You and Sleepm agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
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. Sleepm will pay all arbitration fees for claims less than $5,000. Sleepm 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 Sleepm 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 Sleepm Products or Sleepm 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 Sleepm 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 Sleepm 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 Sleepm 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 Sleepm Products or Sleepm 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.
“Sleepm privacy protection statement is the promise of this website to protect the personal privacy of users. In view of the characteristics of the network, this website will inevitably have a direct or indirect interactive relationship with you. Therefore, we hereby explain the collection of personal information of users by this website. Use and protection policy, please read carefully:
- User non-personalized information
We will collect non-personalized information through your IP address, such as the nature of your browser, the type of operating system, and the domain name of the ISP that provides you with access services, to optimize the page displayed on your computer screen. By collecting the above information, we conduct traffic statistics to improve the management and services of the website.
- Personal information
2.1 When you register, trade or participate in public forums and other activities in Sleepm, with your consent and confirmation, this website will ask you to provide some personal information through registration forms, orders, and other forms. These personal data include:
2.1.1 Personal identification data: such as name, gender, ID number, telephone number, mailing address, residential address, email address, etc.
2.1.2 Personal background: age, occupation, education level, income status, marriage, family status, etc.
2.2 Please understand that without your consent and confirmation, this website will not use the information you provide to participate in specific activities on this website for other commercial purposes (except for the use of this website to improve and enhance the quality of services). Only when required by administrative agencies, judicial agencies and laws to be disclosed and used in accordance with the provisions of Article 6 below are not subject to this limitation.
- Information Security
3.1 This website will strictly manage and protect the information you provide. This website will use corresponding technologies to prevent your personal information from being lost, stolen or tampered with.
3.2 When necessary, this website entrusts professional and technical personnel to perform computer processing on this type of data to meet the needs of the era of professional division of labor. If this website sends you a notice of computer processing, and you do not voluntarily expressly object to it within the time specified in the notice, this website will presume that you have agreed. Only afterwards you still have the right to request the suspension of computer processing as described in Article 4.1.4 below.
- User rights
4.1 You have the following rights with respect to your personal data:
4.1.1 Inquire and request to read at any time.
4.1.2 Request supplements or corrections at any time.
4.1.3 Request deletion at any time.
4.1.4 Request to stop computer processing and utilization.
4.2 In response to the above rights, this website provides you with related services.
- Principles of Restricted Use
This website can only use personal data outside the necessary scope if one of the following conditions is met:
5.1 Have obtained your written consent.
5.2 To avoid the immediate danger to your life, body or property.
5.3 To prevent major harm to the rights and interests of others.
5.4 To enhance the public interest and not harm your major interests.
5.5 Other circumstances stipulated by laws, regulations and national standards.
- Personal Information
6.1 Disclosure of personal data When administrative or judicial organs require this website to disclose personal data in accordance with legal procedures, this website will provide personal data in accordance with the requirements of relevant departments or for public safety purposes. In this case, this website shall be exempt from liability for any disclosure.
6.2 According to relevant laws, regulations and national standards, in the following situations, this website may collect and use your personal information without asking for your authorization:
6.2.1 Related to the fulfillment of obligations stipulated by laws and regulations by personal information controllers.
6.2.2 Directly related to national security and national defense security.
6.2.3 Directly related to public safety, public health, and major public interests.
6.2.4 Directly related to criminal investigation, prosecution, trial and execution of judgements.
6.2.5 In order to protect the life, property and other major legal rights of the personal information subject or other individuals, but it is difficult to obtain the authorization and consent of the person.
- Sleepm provides you with services such as personal space, blogs, and commenting. In these areas, any information you publish will become public information. Therefore, we remind and ask you to carefully consider whether it is necessary to disclose your personal information in these areas.
- Exemption In addition to the exemption provided in Article 6 above, this website does not need to bear any responsibility when the following situations occur:
8.1 The disclosure of any personal data caused by you telling others the user password or sharing the registered account with others.
8.2 Any personal data leakage, loss, theft or alteration caused by force majeure that affects the normal operation of the network due to computer problems, hacking attacks, computer virus intrusion or attack, temporary shutdown due to government control, etc.
8.3 Leakage of personal data caused by other websites linked to this website and any legal disputes and consequences arising therefrom.
The right to modify and update the privacy statement of this website belongs to Sleepm”
China, Changsha City, Tianxin District Province of Hunan No.717 Room 1309
Date of last update: May 19, 2023