User Agreement

Pillow Profits provides a service, called the Pillow Profits Fulfillment App (or “Pillow Profits App”, or just the “App”) that allows users to design and sell custom apparel via their own online stores created at Shopify.com.  By using our site and our service, and the Pillow Profits App in any way, you accept the terms and conditions within this agreement and our Terms of Service, including any future amendments (collectively, the “Agreement”).

By violating this User Agreement of this Terms of Service in any way, you may be subject to immediate removal of the Pillow Profits App from your Shopify store, cancellation of any pending orders, and/or suspension or termination of your account, at the sole discretion of Pillow Profits.

The Pillow Profits App is provided “as is”, with no warranty of any kind.  We have made every effort to provide a service that functions as expected; however, from time to time errors or internet connections may limit the performance of this service.  In no way shall Pillow Profits be responsible for any loss of profits due to or arising from the use of the Pillow Profits App.

By installing the Pillow Profits Fulfillment App in your Shopify store:

• You agree to accept and abide by these Terms of Service in their entirety.
• You agree that you are the owner, or licensee, of all rights associated with any created or uploaded artwork or text, including but not limited to, the trademarks, service marks and copyrights that may be associated with said material. If you are not the owner, you agree to provide Pillow Profits with evidence of the permission given to you by the owner, and to comply with any restrictions or conditions imposed by the owner.
• You agree that the artwork sold on your store, and the description and title thereof do not, either in and of themselves or in combination, infringe upon the rights of any third party.
• You understand and agree that Pillow Profits may, in its sole discretion, release your contact information to a third party that satisfactorily alleges, in Pillow Profits’ sole discretion, unauthorized use of its intellectual property.
• Upon receipt by Pillow Profits of any complaint or allegation of infringement, in Pillow Profits’ sole discretion, the Pillow Profits App may be subject to removal from your Shopify store, and suspension or termination of your account with Pillow Profits.
• You agree not to provide any inaccurate, misleading or untrue information in your store including, but not limited to: the amount of product for sale, the origin of production of the product, or the intended recipient of profits.
• You agree to defend, indemnify and hold Pillow Profits and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Pillow Profits App or Pillow Profits’ site and services, your violation of this agreement, or your violation of any rights of another.
• You agree that Pillow Profits is not responsible for any consequential, indirect or any special damages, including, but not limited to, lost profits, associated with any action taken by Pillow Profits pursuant to this Agreement or your use of the Pillow Profits service.
• You agree to allow Pillow Profits, at its sole discretion, to continue with fulfillment and distribution of orders from your store, even if your Pillow Profits account is cancelled or suspended.
• You agree to allow Pillow Profits, at its sole discretion, to discontinue access to the App service for any reason Pillow Profits deems necessary.

Automatic Payments for Orders

The Pillow Profits App provides a method of storing your credit or debit card information securely with Authorize.net.  Your information is not accessible to the Pillow Profits App or employees of Pillow Profits.  By using the App and providing your information, you agree to allow this information to be stored in this way.

The Pillow Profits App provides an “Auto Process Orders” feature through the “Pillow Profits Store Settings” page.  When this feature is enabled (set to “On”), and you have provided a payment method in accordance with the paragraph above, you agree to allow Pillow Profits to automatically charge your credit or debit card the total amount of any orders placed on your Shopify store and able to be fulfilled by Pillow Profits, and to fulfill those orders at Pillow Profits’ discretion.

Refund Credit

In the event that an order needs to be refunded, Pillow Profits will only provide a Store Refund Credit and NOT a monetary refund. This Store Refund Credit will be used for future purchase.

The Remaining Credits left on the account when a seller cancelled the subscription will no longer be use for purchase. User should take responsibility to make use of their credit.

Returns Policy

Items Damaged or Poor Quality

If an item is damaged or is shipped with a poor-quality print, you must send us a photograph of the poor-quality print or damaged area. Pillow Profits will replace any items damaged or poor-quality at no additional cost.  Pillow Profits is not responsible for items damaged in shipping.

Wrong Product Shipped

If we ship the wrong product to your customer, send us a photo showing how the product differs from what was ordered and we will replace any such items at no additional cost.

Design Issues

If you have any other complaint regarding the design printed on a product, please send us a photo.  Credits, refunds, or reprints will be issued at the sole discretion of Pillow Profits if the printed design differs substantially from the artwork that was submitted.  We will investigate every case and will work to provide a resolution that satisfies you and your customers.

Order Cancellation

You may request cancellation of any order placed through your Shopfiy store within 24 hours.  Orders cancelled prior to 24 hours by the Pillow Profits App will not be charged to your provided payment method.

Intellectual Property Policy

Pillow Profits prohibits customers from using the site to display or sell items that infringe on the intellectual property, copyrights, trademarks, or service marks of a third party.  Pillow Profits abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Pillow Profits (such as https://pillowprofits.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Pillow Profits’ rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

NOTICE TO COPYRIGHT OWNERS:

If you believe material posted on or linked to or from this site is infringing, please provide a written, signed notice of infringement (a “DMCA Notice”) to the designated agent at the Pillow Profits, by email. Such DMCA Notice should be in the form set forth below, which is consistent with the form suggested by the United States Digital Millennium Copyright Act (the “DMCA”).

Pursuant to federal law you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether content located on or accessible via a link from the Website infringes your copyright, you should contact an attorney.

All Notifications should include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• The URL to the Pillow Profits campaign(s) containing the allegedly infringing material.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to the email address [email protected].

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you make a false or bad faith allegation of copyright infringement by using this process. If you are not sure what your rights are, or whether a copyright has been infringed, you should check with a legal advisor first.

Privacy Policy

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

To present our Website and Application and their contents to you.

To provide you with information, products, or services that you request from us.

To fulfill any other purpose for which you provide it.

To provide you with notices about your account, including expiration and renewal notices.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To notify you about changes to our Website, Application, or any products or services we offer or provide though it.

In any other way we may describe when you provide the information.

For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect or you provide as described in this privacy policy:

To contractors, service providers, and other third parties (“Subprocessors”) we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by the Company about our Website users is among the assets transferred.

To third parties to market their products or services to you if you have consented to these disclosures.

To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.

For any other purpose disclosed by us when you provide the information.

With your consent.

We may also disclose your Personal Information:

To comply with any court order, law, or legal process, including responding to any government or regulatory request.

To enforce or apply our Terms Of Use , and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Our privacy policy is very simple: We will never give, sell, or otherwise provide any information about you to any third party. Your email address and other information is safe with us and never made available to anyone else for any reason, except in cases of alleged copyright infringement, where your contact information may be provided to the alleging party.

All information about you, private or otherwise, we obtain through your registration or when you place an order on this site is secured on our servers and never released to any third party.

Really private information, like your credit card number or other payment information, is NEVER stored in any way on our servers.

Your privacy (and security) is our priority. Plain and simple.

Thank you for trusting pillowprofits.com with your information.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored securely and encrypted.

Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the Terms of Service of our website, https://pillowprofits.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Pillow Profits.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Terms of Service”, constitute the entire and only agreement between you and Pillow Profits, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Terms of Service at any time without specific notice to you.

The latest copies of our Terms of Service will be posted on our Website, and you should review all Terms of Service prior to using our Website. After any revisions to our Terms of Service are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Terms of Service to make sure you still agree to them.

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 trademark law.

The last update to our Terms of Service was posted on 3 April 2016.

Definitions

The terms “us” or “we” or “our” refers to Pillow Profits, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

Restricted Uses

Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Pillow Profits without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing Pillow Profits’ name or trademarks without the express written consent of Pillow Profits. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Pillow Profits’, in other way that is likely to trigger confusion among consumers, that disparages or challenges Pillow Profits or its licensors, that dilutes the strength of Pillow Profits’ or its licensor’s residential property, or that otherwise infringes Pillow Profits’ or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that Pillow Profits develops to generate or show any Material of the pages making up the Site is likewise secured by Pillow Profits’ copyright, and you may not copy or adjust such code.

If alerted by a User of any products which allegedly do not conform to these Terms, Pillow Profits could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Pillow Profits has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Electronic Communication

You are connecting with us electronically when you go to the Site or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.

Your Account

If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Pillow Profits additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it’s sole discernment.

Pillow Profits does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Pillow Profits reserves the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

All mock ups and files provided by the Pillow Profits Website are the intellectual property of Pillow Profits and are provided solely for the promotion of Pillow Profits Products. Using the Pillow Profits mock-ups and other downloadable materials to promote products to be fulfilled by any Supplier other than Pillow Profits is prohibited. Downloading or publishing of Pillow Profits mock-ups or files for any use other than the promotion of Pillow Profits products is prohibited without the express written consent of Pillow Profits. Distribution of Pillow Profits mock-ups or files to third parties without the express written consent of Pillow Profits is prohibited. Promotions using Pillow Profits mock-ups or files on sites not promoting Pillow Profits products is prohibited without the express written consent of Pillow Profits. Use of Pillow Profits mock-ups inside third-party software is prohibited without the express written consent of Pillow Profits.

Design Uploads 

Pillow Profits is not liable for printing or delivery delays related to complications arising from flawed designs being uploaded by store owners. Pillow Profits is not liable for any monetary loss or damages arising from the inability to produce or ship infringing content. 

ORDERS SEIZED BY CUSTOMS DUE TO COPYRIGHT AND TRADEMARK CLAIMS

Monetary Losses arising from orders seized by customs due to copyright and trademark claims are the responsibility of the seller. Pillow Profits is not liable for losses related to the seizure of goods by international customs regulations.

By uploading or saving a design in the Pillow Profits App you agree that:

• You hold the rights to commercially reproduce this design.
• You also release Pillow Profits from any claims made as a result of any property right infringement.
• You understand that infringement of property rights is illegal. If you have any doubt as to the legal ownership of a design you should check with the rightful owner that you are able to use the design before uploading.
• You understand that Pillow Profits acts under your instructions and are not obligated in any way to check or confirm the legal use of reproducing any designs.
• You agree to indemnify and defend Pillow Profits for any claims made as a result of alleged infringements including copyrights, trademarks, rights of publicity, or other intellectual property claims, including any payments for damages sustained by a claimant and attorneys’ fees incurred by you to defend against any claims made.

All copyright, trademarks, design rights and other intellectual property rights (registered and unregistered) in and on Pillow Profits Website belong to Pillow Profits. Pillow Profits reserves all of its rights in the Pillow Profits App and Website. Nothing in the Terms grants you a right to license or distribute any design right or copyright owned or controlled by Pillow Profits without the express written consent of Pillow Profits.

As a condition of use, you promise not to use the Services, Design right or copyright material use provided on Pillow Profits Website (registered and unregistered) for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Pillow Profits.

 

Revisions and Errata

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

Disclaimer

The materials on Pillow Profits’ web site are provided “as is” Pillow Profits 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, Pillow Profits 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. The Site serves as a venue for Individuals to purchase distinct service or products. Neither Pillow Profits nor the Site has control over the quality or fitness for a particular function of a product. Pillow Profits likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Pillow Profits ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Pillow Profits MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Pillow Profits DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Pillow Profits DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Pillow Profits ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Pillow Profits WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Pillow Profits’ LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Pillow Profits has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Site Terms of Service Modifications

Pillow Profits may revise these Terms of Service 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.

Governing Law

Any claim relating to Pillow Profits’ web site shall be governed by the laws of The State of Arizona without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

Indemnity

You accept defend, indemnify, and hold safe Pillow Profits, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Pillow Profits will provide notice to You promptly of any such claim, match, or case.

General Terms

Our Terms of Service shall be treated as though it were executed and performed in The State of Arizona, United States and shall be governed by and construed in accordance with the laws of The State of Arizona, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Terms of Service, our Terms of Service shall take precedence. Our failure to enforce any provision of our Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Pillow Profits under our Terms of Service shall survive the termination of our Terms of Service.