ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE IN BED APPLICATION (HEREINAFTER “APPLICATION”). USE OF THE APPLICATION TO CREATE AND SEND CONTENT CONTITUTE’S
Use of Application
Sealy, Inc. (“Sealy”), authorizes use of the Application by the User only for personal, non-commercial use for the sole purpose of creating photographs or images (“Content”) as permitted herein.
Only persons 18 years of age and over are permitted to use the Application.
Use of Software
Any software used to deliver the services on the Application is the copyrighted and licensed work of Sealy and/or its suppliers. Use of the Application is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Application ("License Agreement"). You may not download or install any software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE APPLICATION IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
You are prohibited from posting or transmitting Content ?to or from the Application or other use of the Application in association with:
- Content that is unlawful, threatening, libelous, defamatory, obscene, pornographic, racist, sexist, slanderous, offensive, or other material that would violate any law;
- Content that is protected by copyright, trademark or other intellectual property rights, including, but not limited to, any commercially released photographs, designs, or other advertising or promotional content, unless used with the express permission of the intellectual property owner;
- Content that otherwise violates or infringes the rights of others;
- Content which advertises or otherwise solicits funds or is a solicitation for goods, services;
- Content that promotes illegal activity;
- Content that contains viruses or other technological devices designed to harm or interrupt the Application;
- Content that is harmful to minors;
- Content that contains any third party personal and/or private information, including, but not limited to personal identification information, financial information, or health information.
- Content that contains images, photos, portrayals or other depictions (“Image”) of persons under 18 years of age unless You have express permission to use the minor’s Image from the minor’s parents or guardian .
Right to Monitor and Seek Removal
Sealy reserves the right to periodically monitor and review any and all use of the Application on social media sites or other posting or publication of Content created using the Application as used in the public domain. Sealy may ban Your further use of the Application if You breach these Terms. Sealy may seek removal of any publication in the public domain of Content using the Application that violates these Terms, the law, or for any reason Sealy determines is necessary, and You agree to cooperate with any such removal effort.
User Sole Responsibility for Publications
You shall be solely responsible for the consequences that may arise from Content that You create, post or publish using the Application. In connection with any content you publish using the Application, you affirm, represent, and/or warrant that:
- You own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content created using the Application and these Terms;
- You have all the rights and permission necessary to use the likeness, image, portrayal or other depiction of and persons appearing in the Content you create using the Application; and
- Indemnification – you assume responsibility for and agree to indemnify Sealy from any claim brought by a third party alleging content you created using the Application violates any laws or third party rights. Sealy will have no liability related to the Content of any publication you make using the Application, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Intellectual Property Rights
Sealy retains all rights to the Application and the IN BED trademark. These rights include, but are not limited to Sealy’s right to use, reproduce, and distribute the Application as well as to display and prepare derivative works of user publications created with the Application.
You hereby grant Sealy and any other third party site to which You post the Content You have created , a perpetual, worldwide, non-revocable license to use, alter, and display the Content in any manner Sealy or such third party site desires.