Terms
POSHMARK, INC.
TERMS OF SERVICE
Date of Last Revision: May 29, 2019
Poshmark, Inc., or if you reside in Canada, Poshmark Canada, Inc. (as applicable,
"Poshmark," "we," "us," and/or "our") provides its services (described below) to you through
its mobile applications and other software made available by Poshmark and its websites located
at https://www.poshmark.com and https://www.poshmark.ca (collectively, the "Service(s)"),
subject to the following Terms of Service (as amended from time to time, these "Terms"). We
reserve the right, at our sole discretion, to change or modify portions of these Terms at any time
without further notice. You should periodically visit this page to review the current Terms so you
are aware of any revision to which you are bound and print a copy of these Terms for your records.
If we do this, we will post the changes to these Terms on this page and will indicate at the top of
this page the date these terms were last revised. We may also notify you, either through the Services
user interface, in an email notification or through other reasonable means. Any such changes will become
effective for existing users no earlier than ten (10) days after they are posted, except that changes
addressing new functions of the Services or changes made for legal reasons will be effective immediately.
Your continued use of the Service after the date any such changes become effective constitutes your
acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or
access (or continue to use or access) the Service.
PLEASE READ
THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES
(WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION,
AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS,
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2)
YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF)
ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE
INSTRUCTIONS PROVIDED BY POSHMARK. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN
AGREEMENT BETWEEN YOU AND POSHMARK. IF YOU DO NOT ACCEPT THESE TERMS,
YOU CANNOT USE THE SERVICE.
IF YOU ARE A CANADIAN RESIDENT, PLEASE NOTE THAT THE SECTION TITLED “NOTICE FOR CANADIAN USERS”
CONTAINS ADDITIONAL TERMS APPLICABLE TO USERS RESIDING IN CANADA.
The Terms include, and incorporate by reference, the following policies:
the Poshmark Privacy Policy, the Fee Policy, and the Prohibited Items Policy.
Access and Use of the
Service
Services
Description: The Service is a technology platform that provides an online
social marketplace in which consumers and boutiques can list and sell their fashion
items ("Items"), and buyers can browse and purchase Items. Users who purchase Items
through the Service are "Buyers," and users who list and sell Items through the Service
are "Sellers." A user may be both a Buyer and Seller. All purchases are made directly
(and any contract for purchase and sale is) between the Buyer and Seller; Poshmark is not a
traditional auctioneer, nor is it a Seller or carrier. The Service includes pricing and listing
assistance and shipping, but not buying or selling. We may also help facilitate the resolution of
disputes between our Buyers and Sellers, but, Poshmark has no control over and does not guarantee
(a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service;
(b) the truth or accuracy of Sellers’ content or listings on the Service; (c) the ability of Sellers
to sell Items through the Service and ship Items within required shipping windows; (d) the ability
of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually
complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through
the Service.
Third
Party Services: You may register for the Service using third
party services (e.g., Facebook Connect) and otherwise enable various
third party services to be directly integrated into your Poshmark experience.
By directly integrating these services into the Service, we make your
online experiences richer and more personalized. To take advantage
of these features, we may ask you to register for or log into such services
on the websites of their respective providers. By enabling third
party services within the Service, you are allowing us to pass your
log-in information to these service providers for this purpose.
For more information about the implications of activating these third
party services and Poshmark's use, storage and disclosure of information
related to you and your use of such services within the Service (including
your friend lists and the like), please see our Privacy Policy at http://www.poshmark.com/
In
addition, Poshmark is not responsible for the accuracy, availability
or reliability of any information, content, goods, data, opinions, advice
or statements made available in connection with third party services.
As such, Poshmark is not liable for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
third party service. Poshmark enables these features merely as a convenience
and the inclusion of such features does not imply an endorsement or
recommendation.
Your
Registration Obligations: You may also be permitted to register
with the Service directly. In any case, if you choose to register
for the Service (whether directly or through a third party service),
you agree to provide and maintain true, accurate, current and complete
information about yourself. Registration data and certain other
information about you are governed by our Privacy
Policy. The
Service is available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing,
the Service is not available to minors (people under the age of majority
in their state or province of residence) or to temporarily or permanently
suspended members of the Service. If you do not qualify, please do not
use the Service. Additionally, Poshmark reserves the right to
refuse access to, or use of the Service to anyone, and may terminate any account,
at any time, in its sole discretion. You are only authorized to create and
use one account for the Service and are prohibited from using alter egos or
other disguised identities when using the Service.
Member
Account, Password and Security:
You are responsible for maintaining the confidentiality of your password
and account, if any, and are fully responsible for any and all activities
that occur under your password or account. You agree to (a) immediately
notify Poshmark 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 when accessing the Service. Poshmark
will not be liable for any loss or damage arising from your failure
to comply with this Section.
Modifications
to Service: Poshmark reserves the right to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that Poshmark shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service.
General
Practices Regarding Use and Storage: You acknowledge that Poshmark
may establish general practices and limits concerning use of the Service.
You agree that Poshmark has no responsibility or liability for the deletion
or failure to store any data or other content maintained or transmitted
by the Service. You acknowledge that Poshmark reserves the right to
terminate accounts that are inactive for an extended period of time.
You further acknowledge that Poshmark reserves the right to change these
general practices and limits at any time, in its sole discretion, with
or without notice.
Mobile
Services: When you access the Service through a mobile device, your
wireless service carrier's standard charges, data rates and other
fees may apply. In addition, downloading, installing, or using
certain mobile services may be prohibited or restricted by your carrier,
and not all mobile services may work with all carriers or devices.
You acknowledge and agree that your use of the Service must be in accordance
with the usage rules established by your mobile device platform or
service provider.
Friend Referral Program:
Poshmark may from time to time offer credits to existing users that refer new users to the Service using
the invite code provided by Poshmark to such existing users. Poshmark may also make certain
credits available to such new users using that invite code. The amount and requirements to earn such credits will
be determined, and may change, from time to time in Poshmark's sole discretion and such program
may be terminated by Poshmark at any time, in each case with or without notice to you.
Furthermore, Poshmark reserves the right to limit the number and/or amount of credits that
may be earned with respect to any existing user with or without notice to you.
To be eligible for a credit (whether granted to an existing user or new user), the new
user must be an individual that has never registered for the Service and must be using a
device (not the web) for sign-up and the device being used must not be associated with an
existing Poshmark account.
You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred
in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly
permitted by Poshmark; (3) cannot be acquired via public distribution where you are a contributor but not the primary
content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by Poshmark at any
time for any reason without liability to Poshmark, if Poshmark believes in its sole discretion that such
credits resulted from fraud or other misuse of the Referral program or the Service. If your account has been
suspended (see "Termination" below), you will not be able to use such credits during the duration of your
account suspension.
Conditions of Use
User
Conduct: You are solely responsible for all descriptions,
pictures of items, listings, information, data, text, software, music,
sound, graphics, video, messages or other materials ("content")
that you upload, post, publish or display (hereinafter, "post")
or otherwise transmit via the Service, and for all items that you sell
or purchase via the Service. The following are examples of the
kind of items, content and/or use that is illegal or prohibited by Poshmark.
Poshmark reserves the right to investigate and take appropriate legal
action against anyone who, in Poshmark's sole discretion, violates
this provision, including without limitation, removing the offending
items or content from the Service, suspending or terminating the account
of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
- sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) 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; or (vii) in the sole judgment of Poshmark, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Poshmark or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
- 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; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection, anti-spam, data protection, or privacy legislation in any jurisdiction;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special
Notice for International Use; Export Controls:
Software available in connection with the Service and the transmission of applicable data,
if any, is subject to United States ("U.S.") and Canadian export controls (as applicable). No Software may be downloaded
from the Service or otherwise exported or re-exported in violation of U.S. and Canadian export laws (as applicable).
Downloading or using the Software is at your sole risk. Recognizing the global nature of
the Internet, you agree to comply with all local rules and laws regarding your use of the Service,
including as it concerns online conduct and acceptable content.
Purchase
and Sale Transactions
Fees:
Registering for the Service is free; however, Poshmark charges certain
fees for various transactions effected through the Service, as set forth in the Fee Policy.
Unless otherwise stated, all fees are quoted in U.S. dollars.
Taxes; Shipping Costs; Buyer Responsibility:
Items purchased by and shipped to Buyers in locations
in U.S. or Canada may be subject to applicable state, provincial or local sales
or use tax, privilege tax or similar transaction-based taxes
("State Tax"). Items purchased by and shipped to Buyers in locations
outside of U.S. and Canada may also be subject to applicable taxes, including value
added taxes (collectively with State Tax, "Taxes"). The amount of Taxes is
based on a number of factors, including but not limited to the type of
Items purchased, the Buyers designated delivery address, and/or the
location of the Seller.
Buyers are responsible for paying the applicable purchase price
for a purchased Item to the Seller, as well as any shipping costs
(which are detailed in the Fee Policy) and paying applicable Taxes
and/or duties associated with the purchase and sale of any Items through
the Service. For Buyers in the U.S., the rate of Tax applied to purchases
of taxable Items is a combined rate based on the state and local rates of
the address where the Items are delivered to or shipped from.
Buyers may use certain Poshmark promotions or credits, including
Posh Credits or credit in a Seller’s account, towards the purchase
of Items. Depending on the type of promotion or credit used, it may
reduce the amount of Taxes that apply to a Buyer’s order. The application
of the promotion or credit will be reflected at the time of checkout and
on the receipt of purchase.
Tax and shipping costs are not included in the listed price
for any Items listed by Sellers through the Service but will be
displayed to Buyers before confirmation of any purchase.
Estimated Taxes:
When a Buyer chooses to make an offer an estimated amount of
Tax will be displayed. The estimated amount of Taxes is an estimate
of applicable Taxes based on several factors, including the offer
price, Buyers designated delivery address and rates of Taxes in effect
at that time. If the offer price is accepted, the amount a Buyer is
charged will include the amount of estimated Taxes displayed when the
offer is submitted. If there is a counteroffer from the Seller, the
amount a Buyer is charged will include the amount of estimated Taxes
displayed when the counteroffer is accepted. The amount of Taxes may
change and be updated when the order is finalized and completed
through the Service.
Marketplace Collection; Taxes; Commissions; Seller Responsibility:
Poshmark will collect Taxes from Buyers on behalf of Sellers where we
may legally do so. This includes those states that have enacted legislation
that requires marketplaces, like Poshmark, to collect Taxes on behalf of
sellers. It also includes those states that have agreed to allow Poshmark
to collect Taxes on behalf of Sellers. In these states, the amount of Taxes
collected will be submitted by Poshmark to the appropriate taxing authority
on behalf of Sellers. If Poshmark is unable to submit Taxes on behalf of
Sellers, Poshmark will provide Sellers with the amount of Taxes collected.
Sellers are responsible for submitting such Taxes to the appropriate
taxing authority.
Sellers are responsible for paying Poshmark’s commission as well as
all taxes imposed or measured by Seller’s net income, net profits,
income, profits, and/or revenues associated with the sale of any
Items through the Service.
Payments:
Buyers may pay for Items using credit cards, PayPal or other
payment methods. If you submit your payment information through
the Service, then you authorize Poshmark to store that payment
information and charge your payment method for any Item
you purchase.
Fee Modifications:
We reserve the right to change or discontinue, temporarily
or permanently, some or all of the fees for the Service.
Any change will be effective upon posting of
a revised Fee Policy.
Marketplace Risk: Poshmark is not affiliated with
or endorsed by any designer, manufacturer, retailer
or brand of the Items made available through the
Service:
Poshmark is a marketplace and technology platform and is
not involved in any transaction between Buyers and Sellers,
does not obtain title to any purchased Items and does not
act as a Buyer, Seller (or affiliate for a Buyer or Seller)
or broker with respect to any transactions. There are risks
that you assume when dealing with other users (including those
who may be acting under false pretenses) and all of these risks
are borne by you, and not Poshmark. We encourage you to use the
various functionalities of the Service (e.g., our Item commenting system,
and our direct messaging platform) to help evaluate the user with
whom you are dealing.
Poshmark does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, Poshmark does not guarantee or endorse the authenticity, quality, safety, or legality of any Items offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Items or of Buyers to buy Items. We cannot assure that all transactions will be completed. Additionally, Poshmark does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Poshmark reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Poshmark and its users from illegal or wrongful activities or other violations of these Terms.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, ITEM DESCRIPTIONS OR THE SELLER’S REPRESENTATIONS AND THE BUYER’S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.
Prohibited Items:
Poshmark prohibits the listing or sale of any
Item that is illegal to sell under any applicable law,
statute, ordinance, or regulation, including, without
limitation, Items listed in our
Prohibited Items Policy
.
Sellers:
You must have the right to sell the Items that
you make available for sale through the Service.
You must describe your Item (including the original price)
and all terms of sale in your listing truthfully,
accurately and completely.
Buyers:
You are responsible for reading the full Item listing
before making an offer. When you make an offer and your
offer is accepted by the Seller, you have a contract
with the Seller.
Purchases:
Buyers may offer to purchase Items from Sellers.
Once an offer is accepted by Seller, the sale transaction
is binding on both Seller and Buyer, and no returns, refunds,
cancellations or retractions are allowed, except as permitted
by these Terms. Once the offer is accepted by Seller, Buyer
must pay the purchase price and shipping costs for the Item
through the Service. After doing so, Buyer’s obligations are
complete, unless Buyer requests a permitted return. After Buyer
pays those amounts, Poshmark will provide Seller with a prepaid
shipping label ("Label"), sent to the email address associated
with Seller’s account. Once the Label is sent to Seller,
Poshmark’s obligations for that sale are complete. Notwithstanding
the foregoing, a Buyer may cancel an order for an Item within
three hours of purchasing that Item.
Seller must ship the Item to the Buyer using the Label (and corresponding shipping method) within 3 days after receipt of the Label. If the Seller does not ship the Item within that time period, then we will notify Seller and give Seller a set amount of time to ship the Item before we cancel the order automatically. Seller transfers title to the Item upon shipment.
When using a Label provided by Poshmark: (i) Seller may only use the Label to ship the applicable Item; (ii) Labels may not be transferred or sold to a third party; (iii) Seller is fully responsible for the contents of any parcels shipped using the Label; and (iv) Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation to you; however, please report the issue to us through the Service within three days after delivery. Poshmark reserves the right to discontinue providing Labels to any or all users at any time and for any reason.
Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify Poshmark of any issues with the Item within three days of delivery of the Item, as determined by the tracking information on the Label), then Poshmark will credit Seller’s account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus Poshmark’s commission, as set forth in the Fee Policy. Funds credited to Seller’s account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from Poshmark's chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service.
Returns:
Poshmark may allow you to return an Item in limited circumstances.
If the Item you receive is not as described on the Service,
then you may request a return by reporting the issue through the
Service or by emailing support@poshmark.com, in each case within
three days after delivery (as determined by the tracking information on the Label)
of the Item.
Intellectual Property
Rights
Service
Content, Software and Trademarks:
You acknowledge and agree that the Service may contain images and descriptions
of fashion items and other content (collectively, "Service Content")
that is protected by copyright, patent, trademark, trade secret or other
proprietary rights and laws. Except as expressly authorized by
Poshmark, you agree not to modify, copy, frame, scrape, rent, lease,
loan, sell, distribute or create derivative works based on the Service
or the Service Content, in whole or in part, except that the foregoing
does not apply to your own User Content (as defined below) that you
legally upload to the Service. In connection with your use of
the Service you shall not engage in or use any data mining, robots,
scraping or similar data gathering or extraction methods. Any
use of the Service or the Service Content other than as specifically
authorized herein is strictly prohibited. The technology underlying
the Service (including the Software distributed in connection therewith)
is the property of Poshmark, our affiliates and our partners.
You agree not to copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, or otherwise transfer any right in the
Service (including the Software). Any rights not expressly granted
herein are reserved by Poshmark.
The Poshmark
name and logos are trademarks and service marks of Poshmark (collectively
the "Poshmark Trademarks"). Other company, product, and service
names and logos used and displayed via the Service may be trademarks
or service marks of their respective owners who may or may not endorse
or be affiliated with or connected to Poshmark. Nothing in these Terms
or the Service should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of Poshmark
Trademarks displayed on the Service, without our prior written permission
in each instance. All goodwill generated from the use of Poshmark Trademarks
will inure to our exclusive benefit.
Apple-enabled
Software Applications: Poshmark offers Software applications
that are intended to be operated in connection with products made commercially
available by Apple Inc. ("Apple"). With respect to Software
that is made available for your use in connection with an Apple-branded
product (such Software, "Apple-Enabled Software"), in addition to
the other terms and conditions set forth in these Terms,
the following terms and conditions apply:
- Poshmark and you acknowledge that these Terms are concluded between Poshmark and you only, and not with Apple, and that as between Poshmark and Apple, Poshmark, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Poshmark's sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Poshmark and you acknowledge that Poshmark, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Poshmark and Apple, Poshmark, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Poshmark by e-mail to support@poshmark.com.
Poshmark and
you acknowledge and agree that Apple, and Apple's subsidiaries, are
third party beneficiaries of these Terms with respect to
the Apple-Enable Software, and that, upon your acceptance of the terms
and conditions of these Terms, Apple will have the right
(and will be deemed to have accepted the right) to enforce these Terms
against you with respect to the Apple-Enable Software as
a third party beneficiary thereof.
Poshmark
Credits: Poshmark Credits or Posh Credits are not redeemable for cash or cash equivalents, are
non-transferable and may not be applied toward prior purchases. If your account has been suspended (see
"Termination" below), you will not be able to use Posh Credits during the duration of your account
suspension. Other restrictions may apply. We reserve the right to rescind at any time any credits that you
may receive a result of referral or other promotional programs, subject to reasonable notice to you.
Electronic
Communications: When you use the Service or send e-mails to us,
you are communicating with us electronically. We will communicate
with you by e-mail or providing notices via the Service. You agree
that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement
that such communications be in writing. Any such emails may include
marketing and promotional content.
Third
Party Material: Under no circumstances will Poshmark be liable
in any way for any items or content posted by third parties or at the
direction of users, including, but not limited to, for any errors or
omissions in any content, or for any loss or damage of any kind incurred
as a result of the use of any items or content posted, sold, purchased
or otherwise transmitted via the Service. You acknowledge that
Poshmark does not pre-screen items or content, but that Poshmark and
its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any items or content that is available
via the Service. Without limiting the foregoing, Poshmark and its designees
shall have the right to remove any item or content that violates these
Terms or is deemed by Poshmark, in its sole discretion, to
be otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any items or content, including
any reliance on the safety, condition, accuracy, completeness, or usefulness
of such items or content.
User
Content Posted on the Site:
You are solely responsible for the content you post or transmit on or
through the Service (collectively, "User Content"). You will
not post any content that you did not create or that you do not own
all right, title and interest in and to, including, without limitation,
all copyright and rights of publicity contained therein. By posting
or otherwise transmitting any User Content you hereby grant and will
grant to Poshmark and its affiliated companies a nonexclusive, worldwide,
royalty free, fully paid up, transferable, sublicenseable, perpetual,
irrevocable license to copy, display, transmit, perform, distribute,
store, modify, make derivative works of and otherwise use in any manner
your User Content in connection with the operation of the Service or
any other products or services of Poshmark, or the promotion, advertising
or marketing thereof, in any form, medium or technology now known or
later developed (including without limitation publishing your User Content
on the Internet or on Third Party Services such as Facebook, sharing
it with blogs, etc., and allowing other users to share listings that
include your User Content).
You acknowledge
and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"),
provided by you to Poshmark are non-confidential and Poshmark shall
be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You acknowledge
and agree that Poshmark may preserve content and may also disclose content
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process,
applicable laws or government requests; (b) enforce these Terms;
(c) respond to claims that any content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of
Poshmark, its users and the public. You understand that the technical
processing and transmission of the Service, including your content,
may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks
or devices.
Infringement
Policy: Poshmark respects the intellectual property of others, and
we ask our users to do the same. Poshmark will promptly process
and investigate notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act, the Copyright Act and other applicable
intellectual property laws with respect to any alleged or actual infringement.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or that your intellectual property rights have
been otherwise violated, please provide our Copyright Agent with the
following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- 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.
If you believe
that your User Content that was removed (or to which access was disabled)
is not infringing, or that you have the authorization from the copyright
owner, the copyright owner's agent, or pursuant to the law, to post
and use the content in your User Content, you may send a written counter-notice
containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice
is received by the Copyright Agent, Poshmark will send a copy of the
counter-notice to the original complaining party informing that person
that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a
court order against the content provider, member or user, the removed
content may be replaced, or access to it restored, in 10 to 14 business
days or more after receipt of the counter-notice, at our sole discretion.
The above information
should be sent to Poshmark's Copyright Agent for Notice of claims
of copyright or other intellectual property infringement by email to
the following address:
support@poshmark.com
(Subject line: "DMCA Takedown
Request"). You may also contact us by mail at:
Poshmark, Inc.
Attn: Copyright Agent
203 Redwood Shores Pkwy, 8th Floor
Redwood City,
CA 94065
Third Party Websites
The Service
may provide, or third parties may provide, links or other access to
other sites and resources on the Internet. Poshmark has no control
over such sites and resources and Poshmark is not responsible for and
does not endorse such sites and resources. You further acknowledge
and agree that Poshmark 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 content, events,
goods or services available on or through any such site or resource.
Any dealings you have with third parties found while using the Service
are between you and the third party, and you agree that Poshmark is
not liable for any loss or claim that you may have against any such
third party.
Indemnity and Release
You agree to
release, indemnify and hold Poshmark and its affiliates and their officers,
employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses,
damages, expenses, including reasonable attorneys' fees, rights, claims,
actions of any kind and injury (including death) arising out of or relating
to your use of the Service (including any sale or purchase of any items
through the Service), any User Content, your connection to the Service,
your violation of these Terms or your violation of any rights
of another. Notwithstanding the foregoing, you will have no
obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or
expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California
Civil Code Section 1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
If you are a resident of another jurisdiction, you waive any comparable
statute or doctrine.
Disclaimer of Warranties
YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. POSHMARK EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
POSHMARK MAKES
NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS
THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE 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, OR (IV) THE QUALITY OF ANY GOODS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT POSHMARK SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR
LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POSHMARK HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE
OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY
HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE. IN NO EVENT SHALL POSHMARK'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT
OF COMMISSIONS THAT YOU HAVE PAID TO POSHMARK AS A SELLER IN THE LAST
SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (USD $100).
SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE
WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE
TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE
OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY,
THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE
INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY
PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE
OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY
OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Poshmark, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Poshmark are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).c. Pre-Arbitration Dispute Resolution
Poshmark is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@poshmark.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Poshmark should be sent to 203 Redwood Shores Pkwy, 8th Floor, Redwood City, CA 94065 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Poshmark and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Poshmark may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Poshmark or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Poshmark is entitled.d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Poshmark and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Poshmark agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is USD $75,000 or less, at your request, Poshmark will pay all Arbitration Fees. If the value of relief sought is more than USD $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Poshmark will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Poshmark will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Poshmark agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Poshmark written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that
Poshmark, in its sole discretion, may suspend or terminate your account
(or any part thereof) or use of the Service and remove and discard any
items or content within the Service, for any reason, including, without
limitation, for lack of use or if Poshmark believes that you have violated
or acted inconsistently with the letter or spirit of these Terms.
Any suspected fraudulent, abusive or illegal activity that
may be grounds for termination of your use of Service, may be referred
to appropriate law enforcement authorities. Poshmark may also in its
sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of these Terms
may be effected without prior notice, and acknowledge and agree that
Poshmark may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that Poshmark shall
not be liable to you or any third-party for any termination of your
access to the Service.
User Disputes
You agree that
you are solely responsible for your interactions (including any purchase
and sale transactions) with any other user in connection with the Service
and Poshmark will have no liability or responsibility with respect thereto.
Poshmark reserves the right, but has no obligation, to become involved
in any way with disputes between you and any other user of the Service.
General
These Terms
constitute the entire agreement between you and Poshmark
and govern your use of the Service, superseding any prior agreements
between you and Poshmark with respect to the Service. You also may be
subject to additional terms and conditions that may apply when you use
affiliate or third-party services, third-party content or third-party
software. If you reside in the U.S., these Terms of Service shall be governed by the laws of the
State of California without regard to its conflict of law provisions.
With respect to any disputes or claims not subject to arbitration, as
set forth above, as a U.S. resident, you and Poshmark agree to submit to the personal and
exclusive jurisdiction of the state and federal courts located within
San Francisco County, California. The failure of Poshmark to exercise
or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If any provision of
these Terms of Service 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 these Terms of Service remain
in full force and effect. You agree that regardless of any statute or
law to the contrary, to the fullest extent permitted by applicable law,
any claim or cause of action arising out of or
related to use of the Service or these Terms of Service must be filed
within one (1) year (unless applicable law provides for a longer period)
after such claim or cause of action arose or be
forever barred. This electronic document, and all other electronic documents
referred to or incorporated herein, will be: (a) deemed for all purposes to be
a “writing” or “in writing”, and to comply with all statutory, contractual,
and other legal requirements for a writing; and (b) legally enforceable as a
signed agreement. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. The section titles
in these Terms of Service are for convenience only and have no legal
or contractual effect. Notices to you may be made via either email or
regular mail. The Service may also provide notices to you of changes
to these Terms of Service or other matters by displaying notices or
links to notices generally on the Service.
Your Privacy
At Poshmark,
we respect the privacy of our users. For details please see our Privacy
Policy. By using the Service, you consent to our collection and
use of personal data as outlined therein.
Notice for California Users
Under California
Civil Code Section 1789.3, users of the Service from California are
entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at
(916) 445-1254 or (800) 952-5210.
Notice for Canadian Users
Notwithstanding any of the foregoing provisions, if you reside in Canada the following provisions shall apply:
- Notwithstanding anything to the contrary in the Arbitration Agreement, the Arbitration Act, RSBC 1996, c. 55 (the “Act”) governs the interpretation and enforcement of the Arbitration Agreement and any reference to the American Arbitration Association “AAA”) is deemed replaced with the British Columbia International Commercial Arbitration Centre (“BCICAC”). If there is an inconsistency between the Arbitration Agreement and the Act, the Arbitration Agreement will prevail.
- these Terms shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions, and you agree to the personal and exclusive jurisdiction of and venue in the provincial courts in Vancouver, British Columbia and waive any objection to such jurisdiction or venue.
- English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. Il est la volonté expresse des parties que les présentes Conditions d’utilisation et tous les documents qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
For Canadian residents, to the extent of any conflict between the provisions of this Section and the provisions elsewhere in these Terms, the provisions of this Section shall take precedence.
Questions? Concerns?
Suggestions?
Please contact us to report any violations of these Terms of Service or to pose any questions
regarding these Terms of Service or the Service.
Poshmark Inc.
203 Redwood Shores Pkwy, 8th Floor
Redwood City, CA 94065
support@poshmark.com
