Slumberland Terms and Conditions

These terms of use are entered into by and between you and Slumberland (each, a “Party”, and collectively the “Parties”). The following Terms and Conditions together with any documents they expressly incorporate by reference (collectively, the “T&C”), govern your access and use of https://www.slumberland.com/, https://www.SlumberlandFranchise.com and any subdomains where these T&C are displayed, including any content, functionality, and services offered through our website (collectively, the “Site”), whether as a guest or registered user.

In this T&C, any use of the words “you,” “yours,” or similar expressions refers to users of the Site. References to “we,” “us,” “our” or similar expressions refer to Slumberland.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these T&C. These T&C apply to all visitors, users and others who access or use the Site.

By accessing or using the Site you agree to be bound by these T&C. If you disagree with any part of these T&C then you may not access the Site.

You represent that you are over the age of 18. Slumberland does not permit those under 18 to use the Site.

Your access to and use of the Site is also conditioned on your acceptance of and compliance with Slumberland’s Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the Site and tells you about your privacy rights and how the law protects You. Please read our Privacy Policy carefully before using our Site.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.

You are responsible for both:
• Making all arrangements necessary for you to have access to the Site; and
• Ensuring that all persons who access the Site through your internet connection are aware of these T&C and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, using any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or on public internet connections so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these T&C.

You may use the Site only for lawful purposes and in accordance with these T&C. You agree not to use the Site:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these T&C.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Slumberland, a Slumberland employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.

Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these T&C, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

By placing an order for products through the Site, you warrant that you are legally capable of entering into binding contracts.

Your Information
If you wish to place an order for products available on the Site, you may be asked to supply certain information relevant to your order including, without limitation, your name, email, phone number, credit card number, the expiration date of your credit card, billing address, and shipping information.

You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct, and complete.

By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

Order Cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
• Product availability
• Errors in the description or prices for products
• Errors in your order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected, or for any other reason that we, in our sole discretion, reasonably decide.

Any products you purchase can only be returned in accordance with these T&C.

Our Returns Policy forms a part of these T&C. Please read our Returns Policy to learn more about your right to cancel your order.

Your right to cancel an order only applies to products that are returned in the same condition as you received them. You should also include all the products’ instructions, documents, and wrappings. Products that are damaged or not in the same condition as you received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased products while they are in your possession.

You will not have any right to cancel an order for the supply of any of the following:
• Products made to your specifications or clearly personalized.
• Products which according to their nature are not suitable to be returned, deteriorate rapidly, or where the date of expiry is over.
• Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Products which are, after delivery, according to their nature, inseparably mixed with other items.

We update our offerings of products on the Site from time to time. The products available on our Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products on the Site and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. The actual color of products may vary slightly due to differences in screen settings, device displays, We cannot guarantee that the color you see on your screen will perfectly match the color of the physical product.

Prices Policy
Slumberland reserves the right to revise its prices at any time prior to accepting an order. The prices we quote may be revised after accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of Slumberland. You will have the right to cancel your order in the event of a price change.

Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, American Express cards or online payment methods (PayPal or Shop Pay, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

Any contests, sweepstakes, or other promotions offered through the Site (collectively, the “Promotions”) made available through the Site may be governed by rules that are separate from these T&C.

If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these T&C, the Promotion rules will apply.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these T&C, which may result in immediate termination of your account on our Site.

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions taken thereunder, whether your password is with our Site or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

The Site and its original contents, features, and functionality (including but not limited to all data, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Slumberland, its licensors, or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (excluding content provided by you or other users).

These T&C permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:
• Modify copies of any materials from the Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to feedback@slumberland.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these T&C, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Slumberland. Any use of the Site not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws.

Slumberland’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Slumberland or its affiliates or licensors. You must not use such marks without the prior written permission of Slumberland. All other names, logos, product and service names, designs, and slogans on this Site may be the trademarks of their respective owners.

User Contributions.
The Site may contain reviews, message boards, profiles, forums, or bulletin boards, and other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials such as feedback, innovations, or suggestions regarding the attributes, performance, or features of our Site or products, (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these T&C.

Any User Contributions you provide will be considered non-confidential and non-proprietary. By providing any User Contributions, you assign all rights, title, goodwill, and interest therein to Slumberland and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. If for any reason such assignment is ineffective, you agree to grant Slumberland and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such User Contributions without restriction.

You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All your User Contributions do and will comply with these T&C.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Slumberland, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible for or liable to any third party for the content or accuracy of any User Contributions you, or any other user of the Site, provide.

Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contribution for any or no reason in our sole discretion.
• Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these T&C, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Slumberland.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these T&C.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS SLUMBERLAND AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards
These content standards apply to all User Contributions and use of the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these T&C and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Notice
Slumberland does not permit copyright-infringing activities on the Site and complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to internet service providers under 17 U.S.C. § 512. If you believe that any User Contributions violate your copyright, you may contact our designated agent at the following address:

Slumberland, Inc.
Attn: Contact Center
Email: Feedback@slumberland.com

Any notice alleging that content hosted by or distributed through the Site infringes intellectual property rights must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of the material that you claim is infringing and where it is located on the Site;
4. Your mailing address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of the materials on the Site of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.

We will review any notices of copyright infringement and take appropriate action. Inquiries that do not follow this procedure may not receive a response. It is Slumberland’s policy to terminate user accounts of repeat infringers.

Reliance on User Contributions
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Slumberland, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Slumberland’s opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these T&C.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these T&C.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Our Site may contain links to third-party web sites or services that are not owned or controlled by Slumberland. This includes links contained in advertisements, including banner advertisements and sponsored links. Slumberland has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Slumberland shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through any such third-party websites or services.

If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

All purchases and other transactions for products, services, or information made through our Site—or resulting from your visits—are governed by these T&C and Shopify’s Terms of Service, which are incorporated herein by reference.

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these T&C.

The owner of the Site is based in the State of Minnesota in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

If you have any questions about these Terms and Conditions, you can contact us:

• By phone number: 888.957.5862
• By email address: feedback@slumberland.com