Welcome to the GoodBed.com website, a property of Revv Media LLC, a Delaware limited liability company formerly known as Westward Capital Management LLC that also does business as GoodBed and Best Bed Guide (the aforementioned collectively referred to as "GoodBed"). These terms and conditions (the "Agreement") govern your access to and use of GoodBed's websites and any other applications that link to or reference this Agreement (collectively, the "Service"). Use of the Service constitutes your acceptance of and agreement to this Agreement and concludes a legally binding contract with GoodBed. Do not access or use the Service if you are unwilling or unable to be bound by the Agreement.
"You" and "your" refer to you, as a user of the Service. A "user" is someone who accesses, browses, crawls, scrapes or in any way uses the Service. "We", "us" and "our" refer to GoodBed.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, comments, responses, messages, and information that you display in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "GoodBed Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than GoodBed or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and GoodBed Content.
We may modify this Agreement from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Agreement. You understand and agree that your continued access to or use of the Service after any posted modification to the Agreement indicates your acceptance of the modification.
We may translate this Agreement into other languages for your convenience. Nevertheless, the English version governs your relationship with GoodBed, and any inconsistencies among the different versions will be resolved in favor of the English version.
To access or use the Service, you must be 18 years or older and have the requisite power and authority to enter into this Agreement. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the Service or closed your account.
We grant you permission to use the Service subject to the restrictions in this Agreement. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
By creating an account, you agree to receive certain communications in connection with the Service. For example, you might receive comments or responses from other Users. You can opt-out of non-essential communications here.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by GoodBed.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against GoodBed and its users, any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
As between you and GoodBed, you own Your Content. We own the GoodBed Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the GoodBed Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the GoodBed Content, in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the GoodBed Content are retained by us.
All other trademarks, registered trademarks, product names and company names or logos included in the Site Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, retailer or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GoodBed.
GoodBed and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We make some of the Site Content (the "Feed Content") available via Real Simple Syndication and/or Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on GoodBed's websites, and attributes GoodBed as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that GoodBed promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden GoodBed's systems. GoodBed reserves all rights in the Feed Content and may terminate the Feeds at any time. Please select "Partnerships" on our contacts page here to inquire about other possible uses of the Feeds.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a review if we believe it violates our Review Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Agreement on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist or enable others to use the Service to:
You also agree not to, and will not assist or enable others to:
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
You represent that you have read and understood our Content Guidelines.
Please see our Infringement Policy for information about copyright and trademark disputes.
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
The Service may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Service are provided in connection with third parties and subject to additional terms posted here which are incorporated herein by reference.
You agree to indemnify and hold GoodBed, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the investors, owners, officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of this Agreement, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. GoodBed reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GoodBed. GoodBed will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF GOODBED AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "GOODBED ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
California law will govern this Agreement, as well as any claim, cause of action or dispute that might arise between you and GoodBed (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.