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.social 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.social 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.
4. PRIVACY POLICY
The Pillowfort Online Privacy
Policy explains how Pillowfort collects, handles, and protects
information you provide to us. As a member, you herein consent to the
collection and use of the information provided, as set forth in the
Pillowfort Online Privacy Policy, including the transfer of
information within the United States and/or other countries for
storage, processing or use by Pillowfort and/or our subsidiaries and
affiliates.
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.
This section applies to visual content such as illustrations, drawings, paintings, comics, digitally-generated images, and related visual content that appears to
(1) show a minor engaged in sexual conduct or (2) show a minor with exposed genitalia in a way that is intended to sexualize them.
- Posting non-explicit, sexually suggestive images of minors; or posting 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.
- Images created through the use of generative AI programs such as Stable Diffusion, Midjourney, and Dall-E.
- Content that is involuntary pornography, including but not limited to “revenge porn.” This includes "deepfakes" or other digitally altered pornographic images depicting someone who did not consent to having their likeness used in this way.
- 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.).
'NSFW' Content
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 info@pillowfort.social.
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 info@pillowfort.social. 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 info@pillowfort.social.
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
info@pillowfort.social. Please see 17 U.S.C. § 512 for the
requirements of a proper DMCA counter-notification.
11. BUG BOUNTY PROGRAM AND SAFE HARBOR
It is not prohibited to use the Pillowfort Services for genuine
“white-hat” investigation of security and user safety issues on
the Pillowfort Services (“Bug Bounty Program”), subject to the
following conditions:
Eligibility: Only the following may participate in
the Bug Bounty Program:
You are 14 years of age or older, with your parent’s or guardian’s
legal permission to participate in the program; and
You are either (a) an individual researcher acting in your
own capacity, (b) an employee of a private organization that
expressly allows you to participate in the Bug Bounty Program; or
(c) you are a public sector employee who has permission from your
ethics compliance officer to participate.
Scope of Safe Harbor and Program: The Bug Bounty
Program applies only to use of the Pillowfort services that
identifies security and user safety vulnerabilities. By
participating in the program, You agree to follow these terms and
conditions except as genuinely necessary to identify security and
user safety vulnerabilities, and expressly agree not to:
Do anything illegal;
Post prohibited content, as described above;
Send spam or other harassing communications;
Engage in false or misleading activity;
Harm the Pillowfort Services, You, or others;
Infringe intellectual property;
Violate the privacy rights of others, including
compromising or transmitting private information found on the
Pillowfort Services;
Help other violate these terms and conditions; or
Help others exploit any security or user safety
vulnerabilities.
As long as you comply with these and
all other policies, Pillowfort considers Your security research to be
“authorized” as to the Computer Fraud and Abuse Act and not in
violation of any anti—circumvention provisions of the Digital
Millennium Copyright Act.
Submission: If you believe you have identified a
security or user safety vulnerability and/or exploit, you may
submit it to Pillowfort by sending a report to info@pillowfort.social.
Your report should include as much detail as possible, such as:
The type of security or safety issue;
Where on the Pillowfort Services the issue exists;
Instructions on how to reproduce or locate the issue;
Any proof-of-concept or exploit code;
How an attacker might exploit the issue and its impacts.
Pillowfort may award a bounty for
identifying a security or user safety vulnerability. More detailed
and accurate reports are more likely to receive bounty payments.
There are no limits on the number of
submissions you may make, although Pillowfort reserves the right to
disqualify anyone from the program who sends repeated low-quality
submissions or uses the submission process to send spam, harassing,
or irrelevant communications.
-
Confidentiality: By participating in the Bug Bounty
Program, you agree not to publish any details about any security or
user safety vulnerabilities you discover. Violation of this term
may result in having to return any bounties paid, disqualify you
from future participation in the program, and being banned from the
Pillowfort Services.
Submission License: By making any submission, you:
grant Pillowfort a non-exclusive, irrevocable,
royalty-free, and worldwide license to the intellectual property
in your submission, to use for (a) reviewing, analyzing, and
testing your submission; (b) (ii) to reproduce, modify,
distribute, display and perform publicly, and commercialize and
create derivative works of your submission or parts therof and
(iii) to feature your submission in marketing, sale, or promotion
of the Pillowfort Services;
agree to sign any documents that are required for the
license described above;
waive any rights related to material Pillowfort
independently created that is similar to your submission.
understand you are not guaranteed compensation or credit
for your submission;
represent and warrant that the submission is your own work
and that you have the legal right to provide the submission to
Pillowfort.
Bounty Payment: If Pillowfort determines your submission
is eligible for a bounty, Pillowfort will
notify you of the amount, and if relevant request that You submit an
appropriate IRS form (for example, W-9, W-88EN, 8233). You must
submit this form within 60 days of notification of your bounty if
requested by Pillowfort. You will not receive payment until doing so.
Please note that Pillowfort will not
award any bounty to a person from a country on the United States
sanctions list or personally on the OFAC sanctions list.
Pillowfort has sole discretion over
bounty eligibility and amount, and its decisions over both are final
and binding. If Pillowfort receives multiple submissions for the same
issue from different parties, only the earliest submission that is
eligible may receive a bounty. If a duplicate submission provides new
information that was previously unknown to Pillowfort, Pillowfort may
award a differential bounty to the person submitting the duplicate
report.
If Pillowfort determines your
submission is eligible for a bounty:
you may not designate someone else as the bounty recipient
unless (1) you are considered a minor in your place of residence
or (2) you wish to donate your bounty to a charity, subject to
Pillowfort’s verification and approval. If you wish to directly
donate your bounty to a charity, please send the following information to
info@pillowfort.social, preferably when
you send your appropriate IRS form: (1) the name and website of
the charity, and (2) whether you want to be named as the donor or
kept as an anonymous donor (to the extent the charity allows this
option).
if you are eligible for the Bug Bounty Program but are
considered a minor in your place of residence, we may award the
bounty to your parent/legal guardian on your behalf and require
them to sign all required forms on your behalf;
if you are a public sector employee, all bounties must be
paid directly to your organization and subject to receipt by
Pillowfort of a gift letter signed by your public sector
organization’s ethics officer.
if you are unable or unwilling to accept your Bounty,
Pillowfort may rescind it; and
you are exclusively responsible for paying all taxes
related to accepting any bounty payment.
12. 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.
13. 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.
14. INDEMNITY
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.
15. 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.
16. NOTIFICATIONS
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.
17. 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
info@pillowfort.social.
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.
18. 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).
19. MISCELLANEOUS
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.