Do the right thing, and we can all just get along!
Copyright. It's imperative that all photos in your profile your own. Observe all COPYRIGHT LAWS! IF YOU DON'T OWN THE RIGHTS TO A PHOTO THEN DON'T POST IT!
Community. The community structure is there for your enjoyment! Do not abuse it with SPAM, HARASSMENT or PERSONAL ATTACKS! The Blogs / “PILLOW TALK” are your forum to create friends and build a network try to keep it fun/festive and the administrators will leave you alone. Its easy for us to shut you down if we need to.
Content. We are in the business of making seductive/suggestive body pillows! We are not in the business of making porn. We are not apposed to nudity, however we would like it to be in good taste. We know this is a subjective scale, but we reserve the right to refuse an
image if we feel it is to explicit to expose our factory workers to. (won't hurt to try, we will refund your money less $25 processing fee or you could submit another photo.)
Security. Mypillowpartner will show your images in low resolution on our site but will store the large format on servers that are only accessible to our factory. We will not share any of your information with any third party and will not post any of your private information anywhere on our site. We also request that you do not post private information about yourself or other members. Any concerns or question please email email@example.com
Royalty. You will receive a $5 royalty each time someone orders one of your images to print. You will be paid monthly threw your Pay Pal account. It is your responsibility to keep you account linked to the email address you provide. My pillow partner will make the attempt to pay (Royalty can be negotiated higher with celebrity status high profile images or with large volume)
Return Policy~ Once we begin processing your order no cancellations are allowed. Once it is shipped no returns are allowed unless there are defects in materials or workmanship. If you have a complaint or a valid reason for return you must contact us within 7 days of receipt. All sales are final and no refunds are given. There will be a $25 charge for cancelled orders. The products we sell are custom one of a kind items and therefore they cannot be returned unless there is a defect in material or workmanship. No returns are accepted without previous authorization. Should you have a valid reason for returning the product you must contact Qualitycontrol@Mypilowpartner.com within 7 days of receipt. We will issue a Return Merchandise Authorization (RMA) number. This RMA number must appear on your package or it will be refused and returned to you. The return carrier is at our discretion unless you are paying the return freight. All sales are final and no refunds are given. There will be a $25 charge for cancelled orders.
Mypillowpartner.com reserves the right, in its discretion, to change or modify all or any part of this User Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this User Agreement, including any changes or modifications made by Mypillowpartner.com as permitted above. If at any time the terms and conditions of this User Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site.
Those are the cliff notes our simple do the right thing Rules! The rest of this is the standard BLA~BLA~BLA that goes into greater detail that our lawyer says we need. Please click OK/AGREE and lets move forward!
MYPILLOWPARTNER TERMS OF SERVICE
(last updated June 19,2009)
PLEASE READ THE WEB SITE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEB SITE. THE WEB SITE TERMS OF SERVICE GOVERNS YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF SERVICE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR"), SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE.
ACCEPTANCE OF TERMS
www.MYPILLOWPARTNER.com (the "Site") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to You. You can review the most current version of the TOS at any time. Your continued usage of the Site after any changes to the TOS will mean You accept those changes.
DESCRIPTION OF SERVICE
MYPILOWPARTNER is a membership based web site that provides an avenue for models and photographers and commercial icons to display their images to the public to generate exposure and produce a revenue stream from royalty. Members with access have to a rich collection of resources related to the modeling field, including but not limited to various communications tools, forums, search services, personalized content, and photo hosting (the "Service"). The Service may include certain communications from MYPILOWPARTNER, such as service announcements, administrative messages occasional emails. These communications are considered part of MYPILOWPARTNER membership and You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MYPILOWPARTNER properties, shall be subject to the TOS. Please be aware that the Service may contain adult or mature content. You must be at least 18 years of age to be a member of the Site and to access and view such content.
The Service is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. By applying for access to the Service, you represent and warrant that you are of legal age. Additionally, you agree to provide accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated. Minors are prohibited from using the Service, and parents/managers/adults are prohibited from creating accounts for minors.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete MYPILLOWPARTNER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MYPILLOWPARTNER has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
MEMBER ACCOUNT, PASSWORD AND SECURITY
password and account designation upon completing the Service's registration process and becoming a Member. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MYPILLOWPARTNER of any unauthorized use of your password or account or any other breach of security, and (b) ensure that You exit from your account at the end of each session by clicking "LOG OFF". MYPILLOWPARTNER cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all images, data, text, photographs, , messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MYPILLOWPARTNER are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Service. MYPILLWPARTNER does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MYPILLOWPARTNER be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a MYPILLOWPARTNER official, forum leader/moderator, guide, host, model, photographer, agency, scout, magazine, or celebrity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships;
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that MYPILLOWPARTNER may or may not pre-screen Content, but that MYPILLOWPARTNER and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, MYPILLOWPARTNER and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by MYPILLOWPARTNER or submitted to the Site.
You agree to indemnify and hold MYPILLOWPARTNER and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content You submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MYPILLOWPARTNER may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number and/or size of email messages that may be sent from or received by an account on the Service, the maximum number and/or size of any image that may be uploaded to or stored in an account on the Service, the maximum disk space that will be allotted on MYPILLOWPARTNER servers on your behalf, and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time. You agree that MYPILLOWPARTNER has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MYPILLOWPARTNER reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MYPILLOWPARTNER reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
MYPILLOWPARTNER reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MYPILLOWPARTNER shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MYPILLOWPARTNER may, under certain circumstances and without prior notice, immediately terminate your MYPILLOWPARTNER account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by You in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by You in connection with the Service. Termination of your MYPILLOWPARTNER account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, images, postings, correspondence, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, You agree that all terminations for cause shall be made in MYPILLOWPARTNER sole discretion and that MYPILLOWPARTNER shall not be liable to You or any third party for any termination of your account or access to the Service.
The Service, Members, and/or third parties may provide, links to other World Wide Web sites or resources. Because MYPILLOWPARTNER has no control over such sites and resources, You acknowledge and agree that MYPILLOWPARTNER is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PaidModels 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 site or resource.
You are solely responsible for your interactions with other Members of the Service. MYPILLOWPARTNER reserves the right, but has no obligation, to monitor disputes between you and other Members.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYPILLOWPARTNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. MYPILLOWPARTNER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYPILLOWPARTNER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MYPILLOWPARTNER respects the intellectual property of others, and we ask our users to do the same. MYPILLOWPARTNER may, in appropriate circumstances and at its discretion, disable, suspend, and/or terminate the accounts of users who may be repeat infringers. If You believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the MYPILLOWPARTNER copyright agent with the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that You claim has been infringed;
3. a description of where the material that You claim is infringing is located on the site;
4. your name, address, telephone number, and email address;
5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The PaidModels agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
by mail to
P.O. Box 4909
4909 Jenks Point Way E
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.
MYPILLOWPARTNER is not required to respond to notices that do not meet the requirements of the DMCA. Copy MYPILLOWPARTNER right owners should be aware that there are substantial penalties for false claims and that MYPILLOWPARTNER will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that MYPILLOWPARTNER must remove, or disable access to, material on Your account that is alleged to infringe another's copyright under the DMCA, You acknowledge and agree that MYPILLOWPARTNER may do so by terminating and/or removing your entire account.
Entire Agreement. The TOS constitutes the entire agreement between You and MYPILLOWPARTNER and governs your use of the Service, superseding any prior agreements between You and MYPILLOWPARTNER with respect to the Service. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other MYPILLOWPARTNER services, affiliate services, third-party content, services or software.
Choice of Law and Forum. The TOS and the relationship between You and MYPILLOWPARTNER shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and MYPILLOWPARTNER agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.
Waiver and Sever ability of Terms. The failure of MYPILLOWPARTNER to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your MYPILLOWPARTNER account is non-transferable and any rights to your MYPILLOWPARTNER account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Support@mypillowpartner.com