WELCOME TO WWW.GOODINBED.COM!
Your use of GIB products and services is subject to the terms and conditions of this User Agreement, as well as all other policies, guidelines or rules which may be posted from time to time on the GIB Site (and which are incorporated herein by reference). Please read them carefully. We may amend this User Agreement and our policies from time to time and advise that you check the GIB Site regularly for updates and changes. You may not make any changes to this User Agreement without GIB's written agreement. If you do not agree to be bound by the terms and conditions of this User Agreement, and in fact abide by such terms and conditions, you will not be able to access the Site and use our products and services.
AGE AND LEGAL ACCESS CERTIFICATION
By accessing or using the Site, you certify: (i) that you are eighteen (18) years of age or older and at least the minimum age required for viewing erotica, sexual education, sexually explicit or other adult-oriented content (collectively, "Adult Content") in the jurisdiction where you are accessing the Site; (ii) that you are familiar with the laws where you are accessing the Site affecting your legal right to access Adult Content; (iii) that you have the legal right to view Adult Content and that GIB has the legal right to make Adult Content available to you; (iv) that you are requesting such Adult Content for your own private enjoyment and education; and, (v) that you will not, by action or inaction, directly or indirectly, share such Adult Content with or make such Adult Content available to a minor in any manner whatsoever. You further certify that you possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with the provisions hereof:
The GIB Site contains advice and information relating to sexual health and inter-personal well-being. It is not intended to replace medical or psychological advice, diagnosis or treatment and should be used to supplement rather than replace regular care by a doctor or mental health professional. While all efforts have been made to assure the accuracy of the information contained on the Site (sometimes referred to herein as "Site Content") as of the date of its posting, GIB is not responsible for any adverse effects or consequences that may occur as a result of applying any information, advice or suggestions. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or psychological condition, and do not disregard professional medical or psychological advice because of something you have read on the Site. Without limiting the generality of the foregoing, GIB makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Site Content, software, text, graphics, links, or communications provided on or through the use of the Site. The Site by its nature may contain materials that are sexually explicit. If you find these materials offensive, you may not want to access or use the Site.
OWNERSHIP AND CONTENT
The Site is owned and operated by GIB, and materials on the Site are owned by GIB or used under license to GIB by third parties. GIB has created this Site for your personal enjoyment, entertainment and education. GIB authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2011, Good in Bed, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Site Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into this User Agreement by reference. GIB is privately owned and funded, with no sources of outside funding.
The Site Content is protected by copyright under both United States and foreign laws. Title to the Site Content remains with GIB or its licensors. Any use of the Site Content not expressly permitted by this User Agreement is a breach of this User Agreement and may violate copyright, trademark, and other laws. Site Content and features are subject to change or termination without notice in the editorial discretion of GIB. All rights not expressly granted herein are reserved to GIB and its licensors.
You agree not to circumvent, disable or otherwise interfere with security-related features of the GIB Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the GIB Site or the Site Content therein.
If you violate any of the provisions of this User Agreement, your permission to use the Site Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Site Content. The use of the Site and the Site Content is at your own risk.
Requests for permission to reproduce or distribute the online materials found on this Site other than as provided above can be made by contacting GIB in writing at:
When using the site, information will be transmitted over a medium that may be beyond the control and jurisdiction of GIB. Accordingly, GIB assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the site. the site is controlled and offered by GIB from its facilities in the United States of America. GIB makes no representation or warranty that the site is appropriate or available for use in other jurisdictions.
The site and the site content are provided on an "as is" basis. GIB, its licensors, and its affiliatess, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
In no event shall GIB, its officers, directors, employees, agents, or affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of site content, (ii) personal injury, death or property damage, of any nature whatsoever, resulting from your access to and use of the site or failure of use of the site, (iii) any unauthorized access to or use of our secure servers and/or any and all user information (as defined below) stored therein, (iv) any interruption or cessation of transmission to or from the site, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any site content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not gib is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that GIB shall not be liable for messages (as defined below in this user agreement) or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In order to access some features of the Site, you may have to create a GoodinBed.com account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information about yourself ("User Information") . You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your GIB passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your GIB account and password; and (3) promptly inform GIB of any need to deactivate a password. You grant GIB and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your User Information in connection with the operation of the Site. GIB cannot and does not assume any responsibility or liability for any User Information you submit, or your or third parties' use or misuse of information transmitted or received using GIB tools and services. You must notify GIB immediately of any breach of security or unauthorized use of your account.
You acknowledge, consent and agree that GIB may access, preserve, and disclose your User Information, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary, to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Message violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of GIB, its users and the public.
Although GIB will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GIB or others due to such unauthorized use.
ACCOUNT TERMINATION POLICY
GIB retains the right to revoke any User's account at any time at its sole discretion for any reason whatsoever.
BULLETIN BOARDS, CHAT ROOMS & BLOGS
You are welcome to post, transmit or submit messages and other materials (which include videos, photos, text, uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to bulletin boards, chat rooms, blogs or other pubic areas within, or in connection with, this Site (collectively "Forums"). However, GIB accepts no responsibility whatsoever in connection with or arising from such Messages.
You agree that you will not upload or transmit any communications or content of any type (collectively, "Messages") to the Forums that infringe or violate any rights of any party. By submitting Messages to the Forums, you agree that such Messages are non-confidential for all purposes.
If you transmit any Message to a Forum, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted GIB a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Message in any media or medium, or any form, format, or forum now known or hereafter developed. GIB may sublicense its rights through multiple tiers of sublicenses. Do not submit any Message to the Forums or to GIB that you wish to keep confidential.
GIB assumes no responsibility for: (a) monitoring Forums for inappropriate Messages, (b) the content of Messages, (c) modifying or removing any inappropriate Messages, or (d) the conduct of the user submitting any Message to any Forum. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
GIB does not endorse any Messages, and Messages do not necessarily reflect the opinions or policies of GIB. GIB makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, GIB reserves the right to decide whether any Message is appropriate and complies with this User Agreement and to prevent you from submitting Messages to Forums and to edit, restrict or remove such Messages for any reason at any time.
If you use a Forum, you are solely responsible for your own Messages, the consequences of posting those Messages, and your reliance on any communications found in the Forums. GIB is not responsible for the consequences of any communications in the Forums. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Forums, you agree that the following actions shall constitute a material breach of this User Agreement:
- Using a Forum for any purpose in violation of local, state, national, or international laws;
- Posting any Message that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting any Message that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GIB in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting Messages that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same Message more than once or "spamming"; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Forum or the Site, or which, in the judgment of GIB, exposes GIB or any of its customers or suppliers to any liability or detriment of any type.
GIB reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a Message(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the Message(s).
- Remove Messages which are abusive, illegal, or disruptive, or that otherwise fail to conform with this User Agreement.
- Terminate a User's access to any or all Forums and/or the GIB Site upon any breach of this User Agreement.
- Monitor, edit, or disclose any Message in the Forums.
- Edit or delete any Message posted on the GIB Site, regardless of whether such Message violates these standards.
GIB has no liability or responsibility to users of the GIB Site or any other person or entity for performance or nonperformance of the aforementioned activities.
DEALINGS WITH AFFILIATES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, our Affiliates, advertisers and other third parties found on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Affiliate, advertiser or third party. You agree that GIB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or participation or as the result of the presence of such advertisers on the GIB or related products and services.
GIB and its Affiliates attempt to be as accurate as possible in the description of products available directly or through links on the GIB Site. However, GIB does not warrant that product descriptions or other Site Content is accurate, complete, reliable, current, or error-free. Please review our Terms and Conditions of Sale, which is incorporated into this agreement by reference, for products purchased directly from the GIB Site. Products purchased through links are being sold by Affiliates or other third-parties under their own respective terms and conditions of sale, unless otherwise expressly stated.
GIB or Affiliates, advertisers or other third parties may provide links to other web sites or resources. Because GIB has no control over such web sites and resources, you acknowledge and agree that GIB is not responsible for the availability of such external web sites or resources, and neither endorses nor is responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources. You further acknowledge and agree that GIB 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 use of or reliance on any such content, goods or services available on or through any such web site or resource.
You agree to defend, indemnify and hold harmless GIB, its officers, directors, employees, agents and Affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the GIB Site; (ii) your violation of any term of this User Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Messages caused damage to a third party or otherwise arising out of one of your Messages. This defense and indemnification obligation will survive this User Agreement and your use of the GIB Site.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to this User Agreement.
NOTICES OF INFRINGEMENT
Pursuant to 17 U.S.C. § 512, all notifications of claimed copyright infringement on the ACC's systems or Website should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying us that you allege an infringement of your copyright. Do not send other inquiries to this contact, as you will not receive a response to inquiries that are not related to copyright infringement.
Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys' fees. Such attorneys' fees include those incurred by parties who are injured as a result of our relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner's licensee, or (c) us.
Notification of Claimed Infringement must include the following:
- The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our web site, including its URL, so that Company can locate the material;
- Your address, telephone number, and e-mail address
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You must submit notice, in writing, to the following Designated Agent (DA):
The User Agreement constitutes the entire agreement between you and GIB and governs your use of the Site, and the products and services related thereto, superseding any prior agreements between you and GIB. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Affiliate services or third-party content.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the GIB Site and products and services and/or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By visiting GIB, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and GIB or its Affiliates. Any disputes that are not subject to arbitration will be adjudicated by a court of competent jurisdiction located in New York County, New York.
Any dispute relating in any way to your visit to the GIB Site or to products and services of GIB must be submitted to confidential arbitration in New York State except that, to the extent you have in any manner violated or threatened to violate GIB's intellectual property rights, GIB may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be administered and conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If either party files an action contrary to this section, the other party may recover attorney's fees, provided that the party seeking the award has notified the other party in writing of the improperly filed claim and the other party has failed to withdraw the claim within 15 days.
If you become aware of misuse of this Site by any person, please contact firstname.lastname@example.org with your concerns.
Terms and Conditions of Sale
Capitalized terms used in this Terms and Conditions of Sale and not specifically defined will have the meanings given them in our User Agreement into which this Terms and Conditions of Sale is incorporated by reference.
PRODUCT AND ORDERS
The GIB Site offers ebooks, guides and other similar products (collectively, a "Product") as described throughout the GIB Site.
The following terms and conditions govern the sale by GIB to you of all your orders placed and finalized through the GIB Site. By accepting delivery of the Products described on your checkout invoice, you agree to be bound by and to accept these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, at GIB's sole discretion.
Orders are not binding upon GIB until accepted by GIB. Acceptance of the order will be evidenced by download availability or shipment of the Product, as specified in the order.
RETURNS AND REFUNDS
We make available for preview approximately 15% of any Product prior to your finalizing your order, so that you may have an opportunity to know what you are buying in advance of your order. Accordingly, all sales are final and no refund will be made to you once you have completed your order for purchase.
Please refer to the Product description on the GIB Site for the listing of the price of each of the Products available for purchase directly through GIB. Unless otherwise stated, fees are quoted in US Dollars. GIB reserves the right to change the pricing on its Products and to offer discounts from time to time. GIB has no control over the price of products sold by third parties through the links found within the text and Site Content. Any applicable sales promotions or rebate offers are not valid when combined with any other sales promotions or rebate offers for the same Product.
As required by law, GIB will collect appropriate taxes in all states where GIB has a physical presence. When applicable, GIB will provide an estimate of any tax or other fee of any nature imposed upon any sales transaction made on the GIB Site by any federal, state or local government authority. You acknowledge that such fees are in addition to the price quoted for the Product you purchased and that you are solely responsible for such fees. GIB reserves the right to revise such estimates and to charge a different final amount on your credit card, provided that such difference is nominal and accurately reflects the balance of the fee imposed by any government agencies without adding any surcharges, such as processing or service fees.
Payments are charged to your credit card at the time you place your order. If you received a voucher code for a presale order or other promotional offer, the voucher code must be inserted during the online checkout process for an advance purchase or a promotional offer to be recognized. GIB accepts VISA, MasterCard, and American Express and there are no credit card surcharges imposed by GIB. GIB will not process any orders where a credit card confirmation number is not provided by the credit card company or its representatives or affiliates. Please contact us at email@example.com or firstname.lastname@example.org if you are experiencing difficulties with your credit card purchase. All payments are to be made in United States Dollars, unless otherwise stated on the GIB Site. Additional conversion fees may be charged by your credit card company in order to convert a foreign payment into US Dollars. GIB, through its Affiliate, Expert eBooks, will provide you by email with an invoice confirming your purchase to the address that you provided during the registration process.
PRODUCT DOWNLOAD AND DELIVERY
Upon purchasing a Product in electronic format, you will immediately be sent a confirmation email that contains links to downloading your Product in a variety of different formats including PDF, ePUB and MOBI (unless otherwise stated on the Site). You will have access to your downloads for a period of 96 hours.
Products other than in electronic format will be shipped in a generic cardboard box or padded package via the US Postal Service or other reputable carrier at the shipping cost displayed at the time of checkout.
RISK OF LOSS
Title to Products that you purchase passes to you at the time of purchase. Where Products are shipped rather than downloaded, the risk of loss and damage for such Products passes to you upon your acceptance of the shipment from us by a common carrier. GIB shall not be liable for delays in performance or delivery that are caused by circumstances beyond its reasonable control.
Products purchased from GIB are for personal use only and are not intended for resale or commercial use. GIB reserves the right to audit orders, to cancel any sale based on its sole discretion, and to limit quantities purchased, as well as any other legal remedy allowed by law.
Products shall be generally in accordance with the description on the Site. Please review the terms of the User Agreement regarding GIB's warranties and limitations on liabilities.
In no event shall GIB's liability exceed the purchase price of the Products purchased hereunder.
SERVICE AND SUPPORT
If you experience any difficulty using the GIB Site and/or placing an order, please contact email@example.com.