PILLOWFORT TERMS OF SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "Terms") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Pillowfort Blogging LLC, (“Pillowfort”), located at PO Box 91022, Austin, Texas 78709-1022 and our subsidiaries and affiliates, in association with the use of the Pillowfort website, which includes Pillowfort.io and its Services, which shall be defined below.
Please read these Terms carefully. By accessing and using the services (as defined in Paragraph 2), you agree to be bound by these Terms and all terms incorporated herein by reference.
2. DESCRIPTION OF SERVICES OFFERED
Pillowfort is a social networking and blogging website and platform that allows users to create their own multimedia blog posts and share the posts of other users to their own blogs. It also features forum-like community spaces and commenting sections so that users can have comprehensive conversations with one another.
“Services,” for the purposes of these terms, include the pillowfort.io website and platform, and any associated webpages, APIs and other software, email notifications, mobile applications, widgets, buttons, and other online services provided by Pillowfort.
At its discretion and without prior notice, Pillowfort may offer additional Services and/or products, or update, modify, discontinue, or revise any current content and Services, and these Terms shall apply to any and all additional and updated Services. Pillowfort is not liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of the Services, or any part thereof.
3. WHO MAY ACCESS AND USE THE SERVICES
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of these Terms.
Once you register for our Services, through the process of creating an account (“Account”), the user shall then be considered a "member." To become and remain "member" of the Services, you must be in good standing and not have been previously barred from receiving Pillowfort's Services under these Terms or the laws and statutes of the United States or another applicable jurisdiction.
Anyone under the age of 13 is not allowed to create an account or otherwise use the Services. In addition, the laws of your local jurisdiction (including within the European Economic Zone) may require you to be over a certain age to use the Services, and/or require you to provide verifiable consent from your parent or legal guardian. Also, certain Services require you to be older than 13 years of age, as explained in notices and Additional Terms provided when accessing the Services.
When you register, Pillowfort may collect information such as your name, e-mail address, birth date, and personal interests. You can edit your account information at any time. Once you register with Pillowfort and sign in to our Services, you are no longer anonymous to us.
You agree that when creating an account, you will furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process. Knowingly providing any registration information that is false is a ground under these Terms for Pillowfort to suspend or terminate a member from accessing and using the Services, or any portion thereof.
You are the sole authorized user of your Account, and you responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or through your Account. You are responsible for any act or omission of any user(s) that access your Account information that is a violation of these Terms. You are responsible for notifying Pillowfort immediately if you notice any unauthorized access or use of your Account or password, or any other breach of your Account’s security. Pillowfort is not responsible for any loss and/or damage arising from your failure to secure your password and activities on the Services made through your Account.
Pillowfort reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for (1) enforcement of these Terms; (2) responding to any claim that therein contained content is in violation of the rights of any third party; (3) responding to requests for customer service; or (4) protecting the rights, property or the personal safety of Pillowfort, its visitors, users and members.
5. YOUR LICENSE TO USE THE SERVICES
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. The Services provided and all right, title, and interest therein are the sole property of Pillowfort.
Pillowfort grants you a non-assignable, non-exclusive, revocable, and personal license to access and use the Services, but only as permitted under these Terms. Non-compliance with these Terms may result in revocation of your license, at Pillowfort’s sole discretion. Pillowfort reserves all rights not expressly granted to you by these Terms.
By accessing and using the Services, you agree not to replicate, duplicate, copy, sell, resell nor exploit for any commercial reason any part, use of, or access to Pillowfort's sites.
6. YOUR CONTENT
The Services contain content such as images, text, links, videos, communications, and other material (“Content”) created with or submitted by users and members, or through member Accounts. By submitting any Content to the Services, you represent and warrant that you have all rights, powers, and authority necessary to grant any and all rights to such Content contained in these Terms.
Pillowfort does not take any responsibility for or endorse, expressly or implicitly, any Content you may submit to the Services. You are responsible for any Content you submit and for ensuring compliance with these Terms (see Pillowfort’s content and conduct standards).
Pillowfort shall not lay claim to ownership of any content submitted by any member or user. But by submitting content to or including content on the Services, you hereby grant Pillowfort the below listed worldwide, royalty-free and non-exclusive license permitting Pillowfort to use, distribute, reproduce, modify, adapt, distribute, publicly perform and/or publicly display said Content on the Services. You agree that this license permits Pillowfort to remove metadata associated with your Content, and does not require Pillowfort to provide any attribution for your Content. You further agree that you waive any claims of moral rights or attribution over your Content. This license shall be available so long as you are a member of Pillowfort Blogging LLC's sites, and shall terminate at such time when you elect to discontinue your membership.
Pillowfort may, in its sole discretion and without having any obligation to do so, delete or remove your Content at any time for a violation of these Terms—including but not limited to the Pillowfort content and conduct standards, a violation of a law of the United States or another county, or if your Content creates liability for Pillowfort. This includes content in publicly-accessible areas, closed community pages, and private pages. You acknowledge and agree that Pillowfort may review your Content in any part of the Services you use and access, including closed community and private areas.
Any ideas, feedback, or suggestions about the Services that you provide to Pillowfort are deemed entirely voluntary, and you agree that Pillowfort may use such ideas, feedback, or suggestions without providing you compensation and without any obligation to keep the same confidential.
7. THIRD PARTY LINKS AND OTHER CONTENT
Either Pillowfort or any third parties may provide links to other websites and/or resources not under Pillowfort’s control. Thus, you acknowledge and agree that Pillowfort is not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that accessing any third-party content is at your own risk, and that Pillowfort is not responsible or liable, directly or indirectly, for any such damage or loss in connection with the use of or the reliance on any third-party content.
8. PILLOWFORT CONTENT AND CONDUCT STANDARDS
Pillowfort is a platform for individuals and groups to share and discuss content. Pillowfort is committed to providing an environment that is open and authentic and allows users and members to share with the entire platform, or just a small group of friend. We also demand of ourselves and our community members that we ensure Pillowfort is a platform where respect for others is the primary value by which we all abide.
Prohibited Content and Conduct
Pillowfort is a platform that endeavors to welcome a wide-range of content. But there are types of content which Pillowfort does not allow anywhere on its platform. Prohibited content and conduct includes.
- Content or conduct that violates any local, state, federal, national or international law, or that encourages or incites illegal activity.
- Content that encourages or incites violence.
- Content or conduct that encourages a Pillowfort user to harm another to harm himself or herself.
- Persistently posting sexual, violent, or other content with the primary intent to offend or disturb other users.
- Persistently submitting or posting content that is unrelated to the subject of a community or tag.
- Intentionally harassing, bullying, intimidating, or stalking other users, or intentionally attempting to do the same.
- Creating content, communities, or making any other use of the Services for the purpose of spreading accusations or condemnation of other Pillowfort users. If a user has done something worthy of being removed from the site, do not engage in any conduct to bring the user community against that user. You instead should report that user to a moderator or administrator.
- Content or conduct that disparages another user’s racial, religious, gender, or sexual identity, or mental or physical disability or condition; or that disparages these identities or conditions generally.
- Content that promotes the ideology of, or attempts to recruit for, groups that promote discrimination against racial, religious, gender, or sexual identity, or mental or physical disability or condition.
- Content that displays or conveys personal or confidential information about an individual, including but not limited to “doxxing,” where such information is not part of the public record.
- Sexually explicit artwork that features
- fictional characters who appear pre-pubescent; or
- fictional characters who otherwise can be definitively and reasonably identified as minors, and lacks legitimate artistic, political, literary, or scientific value.
- Sexually suggestive or explicit commentary concerning real minors, i.e. as a caption to a photo of a minor or in reference to a public figure who is a minor.
- Content that is involuntary pornography, including but not limited to “revenge porn.”
- Content that infringes any copyright, trademark, or other intellectual property or proprietary information of another.
- Content or conduct that misleadingly or deceptively impersonates another.
- Content that is intended primarily for reliance by others relevant to any financial trading or investing.
- Content that is spam.
- Abusing the flagging system (i.e. intentionally flagging posts in bad faith to interrupt the functioning of the moderation system, harass users, etc.).
Content that contains nudity, pornography, erotic themes, or profanity, which a reasonable viewer may not want to be seen accessing or viewing in a workplace or public space, should be marked as “NSFW” using the toggle provided when creating or editing a post.
Prohibited Use of the Services
Prohibited Use of the Pillowfort Services include:
- Uploading, posting, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- Disrupting the normal flow of communication on the platform, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
- Knowingly interfering with or disrupting any Pillowfort Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs;
- Making any attempt to override or circumvent any of the embedded usage rules in our Services; and
- Making any unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part.
Reporting Violations of These Standards
Please report any and all violations of this TOS via the site’s “flagging” system that allows you to submit posts, messages, communities, comments, and users for review by a moderator. If necessary, you can also submit a report to firstname.lastname@example.org.
Enforcement of These Standards
Pillowfort may enforce these standards in a number of ways, including but not limited to:
- A moderator warning;
- Temporary or permanent suspension of accounts;
- Removal of content;
- Adding restrictions to communities;
- Banning users;
- Banning communities;
- Adding NSFW tags.
9. MODERATORS AND MODERATION RULES
Pillowfort may allow volunteer moderators to help monitor content in communities available in the Services. Voluntary moderators are not agents or otherwise authorized to act on behalf of Pillowfort. Voluntary moderators may not perform any action on the Services in exchange for any compensation from a third-party. Compensating or offering to compensate a volunteer moderator to take action on these Services will be considered a violation of these Terms.
Pillowfort has the right (but no obligation) to reverse any decision or action made by a volunteer moderator if Pillowfort believes the decision or action is not in its best interest or the best interest of the Services.
10. DMCA AND OTHER INTELLECTUAL PROPERTY NOTICES
Pillowfort will always respect the intellectual property of others, and we ask that all of our users and member do the same. At its sole discretion, Pillowfort may remove any infringing Content from the Services, and may disable and/or terminate the account of any member who infringes the intellectual property rights of others.
If you feel that Content on the Services constitutes copyright infringement of your work, you may notify Pillowfort’s Designated Agent by contacting email@example.com. Please see 17 U.S.C. § 512 for the requirements of a proper DMCA take-down notification. Please note that if you misrepresent that any activity or content on the Services is copyright infringement, you may be liable to Pillowfort for costs and damages under the DMCA.
If you feel your trademark has been infringed, please notify Pillowfort at firstname.lastname@example.org.
Pillowfort will notify you if it removes your Content in response to a DMCA take-down notice or a notice alleging trademark infringement. If you believe your Content was wrongfully removed, you can send a counter-notification to Pillowfort’s Designated Agent at email@example.com. Please see 17 U.S.C. § 512 for the requirements of a proper DMCA counter-notification.
11. WARRANTY DISCLAIMERS
You understand and agree that the Services are provided "AS IS,” and that your access and use of the Services are at your own risk. Pillowfort shall not assume any responsibility or obligation for (i) the timeliness, completeness, accuracy, or any failure of the Services, including any failure to store or transmit any of your or other Content, settings, and other information provided to and maintained by the Services; and (ii) any harm to your computer system or other devices used to access and use the Services.
Pillowfort does not endorse, control, or take responsibility of any content available on the Services or for any action of a user or member of the Services.
12. LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PILLOWFORT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
All users and/or members herein agree to insure and hold Pillowfort, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Pillowfort Services or your connection with these Services, your violations of these Terms and/or your violation of any such rights of another person.
14. CHANGES TO THESE TERMS
Pillowfort may, from time to time and at its sole discretion, revise these Terms. Pillowfort will post any revised terms and update the Effective Date of the terms. By continuing to access and use the Services, you agree to be bound by any revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Services before the revised Terms become effective.
Pillowfort may furnish you with notifications, including those with regards to any changes to these Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our Services, or other reasonable means currently known or any which may be herein after developed. Pillowfort may cease sending such notifications to you if you violate any of these Terms.
16. ENDING YOUR AGREEMENT
You may cancel or terminate your account, associated email address and/or access to our Services via the 'Settings' page, or by submitting a cancellation or termination request to firstname.lastname@example.org.
You agree that Pillowfort may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our these Terms or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems; and
- any engagement by you in any fraudulent or illegal activities.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
You acknowledge and agree that the following sections in these Terms are severable and will survive termination of your Account and/or these Terms: 6. Your Content; 7. Pillowfort Content and Conduct Rules; 11. Indemnity; 12. Limitation of Liability; 14. Ending Your Agreement; 15. Choice of Law and Venue; and 16. Miscellaneous.
17. CHOICE OF LAW AND VENUE
It is at the mutual agreement of both you and Pillowfort with regard to these Terms that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Pillowfort shall be filed within the courts having jurisdiction within the County of Travis, Texas or the U.S. District Court for the Western District of Texas. You and Pillowfort agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity, then the above choice of law and venue clause does not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas (excluding choice of law).
These terms, and any other terms incorporated herein (including the Pillowfort content and conduct standards) constitute the entire agreement between you and Pillowfort and shall govern the use of our Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Pillowfort Services, affiliate Services, third-party content or third-party software. If any provision of these Terms is held to be unenforceable or invalid, the rest of the provisions of these Terms will remain in effect. You may not transfer or assign your Account or any of your rights or obligations under these Terms without Pillowfort’s consent. Pillowfort retains the right to freely assign these Terms, in part or in whole.