Terms & Conditions

TERMS & CONDITIONS

The domain name www.bemypillow.com (“Website”) is a site operated by Be My Pillow, a company incorporated under laws of India with our registered office at Shop No. 6, Ram Laxmi Parisar, Malviya Nagar, Bhopal, 462003

We understand the importance of representing one's work with quality and respect, and we also believe it is essential that all Be My Pillow users respect copyright. Whether you’re an artist, a customer, or just casually browsing the Website, please respect the copyright of all the works you see or buy on Be My Pillow. 

By using the services on the www.bemypillow.com, you are agreeing to the following terms of service, conditions, policies, etc. (“Terms of Service”) including those available by hyperlink, with Be My Pillow, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

We reserve the right to review and withdraw or amend the services without notice. If you do not agree with its terms, kindly do not use this Website.

Be My Pillow provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase art related products; interact with other members; and receive the benefits of Be My Pillow's product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfilment, and customer service.

 

CONTENT & COPYRIGHT POLICY

You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. Be My Pillow does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through Be My Pillow. When you submit, post, upload, display, or sell Content, you grant Be My Pillow a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.

Be My Pillow cannot always manually screen Content before it is displayed on the Website, and occasionally members may inadvertently or deliberately submit and display content that breaches this Agreement. Inappropriate Content includes, but is not limited to, Content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

Be My Pillow reserves the right to review, and if necessary, remove any Content from the Website or to cancel your account at its sole discretion, either because that content breaches this Agreement, or any applicable laws, or otherwise.

This means that you, and not Be My Pillow, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via Be My Pillow. Be My Pillow does not control the Content posted via Be My Pillow services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Be My Pillow’s services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Be My Pillow 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 Be My Pillow.

You understand that you will be exposed to Content from a variety of Be My Pillow users and that Be My Pillow is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Be My Pillow with respect thereto, and agree to defend, indemnify and hold harmless Be My Pillow, its parent corporation, its subsidiaries, its employees, its licensors, and their respective officers, directors, employees, and agents to the fullest extent allowed by law regarding all matters related to your use of Be My Pillow service.

While we try to offer reliable data, we cannot promise that the Content and postings on Website will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on the Website.

Be My Pillow and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, Be My Pillow and its designees shall have the right to remove any Content that violates the Terms of Service 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 Be My Pillow or submitted to Be My Pillow, including, without limitation, information about Be My Pillow collaborations, posts, or in any other part of the Website.

You acknowledge, consent and agree that Be My Pillow may access, preserve, and disclose your account information and Content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Be My Pillow, its users, and the public.

By using services of Be My Pillow, you agree to receiving promotional or information content relevant to Be My Pillow through the medium of SMS or Email or both. Once you place an order with us, you automatically get subscribed to our order related Whatsapp notifications.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, delay or remove hosted Content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our the Terms of Service.

Be My Pillow also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.

IMAGE SUBMISSION

You must have the legal copyrights to the image you upload for the creation of the pillow. By uploading the image to be produced as a pillow, you assume legal responsibility for intellectual property, copyrights, and trademarks of the image. Orders with images that display nudity, acts of violence, or any other publicly unacceptable materials will be canceled and refunded.

VIDEO REVIEW SUBMISSION

These terms (“Terms”) between you and Be My Pillow (“BMP”, “we” or “us”) are applicable when you upload or provide content to us, such as videos or photos of you (or someone else) unboxing or using our products (“Content”), for our marketing and other purposes set forth below. These Terms are in addition to our website Terms & Conditions and Privacy Policy, which continue to apply. For good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

You hereby grant to BMP a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, transmit, modify, adapt, publicly perform, publicly display and create derivative works and compilations based upon the Content, in whole or in part, for any purpose (including commercial purposes), on or through any media and distribution channels, including but not limited to BMP’s websites and social media accounts.

BMP’s use of the Content does not require any further notice or additional payment to you or to any other person or entity. BMP is not required to use the Content or exercise the rights granted above. BMP may remove and/or stop using the Content at any time in its sole discretion. The Content you provide to us is not confidential and will not be returned to you.

If the Content depicts or reproduces your name, likeness, image, and/or voice (collectively, “Image”), you acknowledge and agree that BMP has the right to use your image for any purpose in connection with the Content, including but not limited to, advertising and marketing purposes, and release BMP (and its affiliates, subsidiaries, directors, officers, employees, agents, and licensees) from any and all claims related to the use of your Image in connection with the Content.

If the Content depicts or reproduces the Image of any person other than yourself, you represent and warrant that you have obtained permission to use that person’s Image in the Content and to grant the rights herein to BMP.  Upon BMP’s request, you agree to provide the name and contact information of each identifiable person appearing in the Content.

• You further represent and warrant that: 
• You have read carefully and are capable of agreeing to these Terms.
• You are under no restriction or conflict of interest that would prevent you from agreeing to these Terms.
• You own all rights to the Content and have the authority to grant the license set forth above.
• The Content, including BMP’s use thereof, does not and will not violate the privacy rights, publicity rights, contract rights, copyright, trademark, or any other proprietary or intellectual property rights of any person or entity. 
• You did not violate any laws or rights of others during the creation of the Content.

You agree to indemnify and hold harmless BMP, its affiliates, subsidiaries, directors, officers, employees, agents and licensees, from and against any and all claims, actions, lawsuits, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) that arise from or relate to the Content, BMP’s use of the Content, and your breach of any representation and warranty stated above. In addition, you agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of BMP’s use of the Content pursuant to these Terms.

 

LIABILITY

You will not hold Be My Pillow responsible for other users' Content, actions or inactions, or collaborations. We have no control over and do not guarantee the quality, safety, or legality of collaborations advertised, the truth or accuracy of users' Content, the ability of parties to deliver on collaborations, or that the parties will actually complete a transaction.

We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions related to use thereof. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

You must ensure that your access to the Website and Be My Pillow Service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process you employ for accessing Be My Pillow's service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide any service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, or any transmissions by others in contravention of the registered members' obligations as set out in these Terms of Service.

You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

TRADEMARKS

If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us, and only after securing prior written permission from Be My Pillow to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, or services (including this Website), or in a manner that implies any kind of any association/affiliation with Be My Pillow.

 

TERMINATION OF ACCOUNT

Be My Pillow may terminate your access to all or any part of its services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the service at any time. However, you shall continue to be bound by all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Be My Pillow will terminate your access to the site if you are determined to be, in Be My Pillow's sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Service.

Be My Pillow may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.

By accepting the terms and conditions, the user consents to pay Be My Pillow the complete amount for the order placed by them from Be My Pillow. However, Be My Pillow does not control the amount charged to the user by their bank related to the their purchase from Be My Pillow, to which Be My Pillow disclaims any liability in this regard.