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Terms of Use

NEWTON LIVING, INC. ("Sleep Studio"), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.NEWTONBABY.COM, CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE "TERMS OF USE"). FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, "LOOK AND FEEL" AND ARRANGEMENT OF SUCH CONTENT.

1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND SLEEP STUDIO’S PRIVACY POLICY CAREFULLY. BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES AND ANY OF THEIR CONTENT. YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SLEEP STUDIO CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES. IF YOU DO NOT CEASE USING THESE SITES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Sleep Studio or its affiliates for other products or services.

You are also subject to the Sleep Studio Privacy Policy.

These Terms of Use were updated as of July 14, 2012.

2. Use and Restrictions.

The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Sites under applicable laws.

 

The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Sleep Studio, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Sleep Studio trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Sleep Studio's express written consent; or (i) use any meta tags or any other "hidden text" utilizing a Sleep Studio name, trademark, or product name without Sleep Studio's express written consent.

 

Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. Copyright

The Content and the Sites, as well as the selection and arrangement thereof, are the sole property of Sleep Studio and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Sleep Studio's express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, Sleep Studio grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Sleep Studio's licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Sleep Studio's express prior written consent.

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Sleep Studio or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Sleep Studio, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

 

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Sleep Studio or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sleep Studio account or account password if Sleep Studio is required to do so by law or legal process or if Sleep Studio determines, in its sole discretion, that such action is necessary to protect the rights of Sleep Studio third parties, and other users of the Sites or for purposes of responding to your request for customer service. Sleep Studio's right to disclose any such information shall govern over any terms of our Privacy Policy.

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