Terms of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on PillowMob, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• i. modify or copy the materials;
• ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• iii. attempt to decompile or reverse engineer any software contained on PillowMob, LLC's web site;
• iv. remove any copyright or other proprietary notations from the materials; or
• v. transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by PillowMob, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on PillowMob, LLC's web site are provided "as is". PillowMob, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PillowMob, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Your Conduct, Your Liability

You are responsible for all of the images you upload, share or copy using PillowMob's custom photo pillow service. You must have the legal copyright to display each image that you upload and/or contract PillowMob to use in it's manufacture of any of its products, including but not limited to any or all images copyrighted by photographers or made available through magazines, books, web or any and all other resources, which are protected by copyright and should not be uploaded, shared, copied or used in the contract to manufacture products using this service in any way, unless permission is granted.

As a condition of your use of this service, you hereby certify, authorize and warrant that you own the copyright or are authorized by the owner of the copyright, or own the the rights to any of the content, photo or digital images you will upload to the PillowMob web site. You have obtained signed written Releases from the owner(s) of any and all copyrighted images you will upload to the PillowMob web site. This warrant is given to PillowMob by you when contracting PillowMob for provisal of any of it's products or services.

As a condition of your use of this service, you hereby further certify, authorize and warrant that you have the full authority to grant PillowMob the permission to reproduce, re-create, re-design, modify, or manufacture any of the content, photo or digital images you will upload to the PillowMob web site. This warrant is given to PillowMob by you when contracting PillowMob for provisal of any of its products or services.

As a condition of your use of this service, you further hereby indemnify and hold PillowMob, its parent company, subsidiaries, affiliates and their respective officers, directors, shareholders and employees free and harmless against and from all claims, damages, losses, liabilities and expenses (including, without limitation, reasonable attorneys' fees) relating to and as a result of any claims brought by any other person or entity claiming interest, infringement or other legal argument with respect to your agreement to refrain and not to:

• - Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
  
  
• - Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  
  
• - Upload, post, contract for re-manufacture or re-creation, email or otherwise transmit any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
  
  
• - Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
  
  
• - Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
  
  
• - Upload, post, email or otherwise transmit 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;
  
  
• - Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
  
  
• - Use this service for the purpose of making images available for viewing to the general public, or for the use of communication with others which attempts to subvert any laws in any way;
  
  
• - Provide any information to PillowMob that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
  
  

PillowMob reserves the right to refuse to fulfill any order, or any part of any order, at any time. This right is given to PillowMob by you when contracting PillowMob for provisal of any its products or services. In addition, PillowMob reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of PillowMob or others.

Thereby, as a condition of your use of this service, you hereby completely indemnify and hold PillowMob, its parent company, subsidiaries, affiliates and their respective officers, directors, shareholders and employees free and harmless against and from all claims, damages, losses, liabilities and expenses (including, without limitation, reasonable attorneys' fees) relating to and as a result of any claims brought by any other person or entity claiming interest, infringement or other legal argument with respect to your agreement to this contract, when contracting custom photo pillows for provisal of any of its products or services, including but not limited to the reproduction, re-creation, redesign, modification, or manufacture of the content, photograph or digital image you have or contracted to be delivered to custom photo pillows, via any carrier including but not limited via the internet.

5. Limitations

In no event shall PillowMob, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PillowMob, LLC's Internet site, even if PillowMob, LLC or a PillowMob, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on PillowMob, LLC's web site could include technical, typographical, or photographic errors. PillowMob, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. PillowMob, LLC may make changes to the materials contained on its web site at any time without notice. PillowMob, LLC does not, however, make any commitment to update the materials.

7. Links

PillowMob, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PillowMob, LLC of the site. Use of any such linked web site is at the user's own risk.

8. Site Terms of Use Modifications

PillowMob, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to PillowMob, LLC's web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.