Terms of Service

Legal Statement

I. Introduction and Eligibility

Please read these Terms of Service ("Terms") carefully before using the Poshly Service.

These Terms include Poshly's Privacy Policy, which is incorporated by reference into these Terms.

Binding Agreement

These Terms constitute a binding agreement between you and Poshly Inc. and its affiliates, Poshly.com, and Poshly's mobile applications ("Poshly"). "You" and "Users" shall mean all visitors to the Poshly Service. You accept these Terms each time you access the Poshly Service. If you do not accept these Terms, you must not use the Poshly Service.

Revisions to Terms

Poshly may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Poshly Service after a change to these Terms constitutes your binding acceptance of these Terms.

Children

No part of the Poshly Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE POSHLY SERVICE AT ANY TIME OR IN ANY MANNER. If you are under the age of 18 or the age of majority in your jurisdiction, you may only use the Poshly Service under the supervision of a parent, legal guardian, or other responsible adult.

The terms "post" or "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Poshly Service.

II. The Poshly Service

The Poshly Service is defined as any website, mobile application, or Internet service under Poshly's control, whether partial or otherwise, in connection with providing the services provided by Poshly. The Poshly Service provides a platform for connecting users with the products and services that meet their unique needs and requirements based on aggregated data.

How We Use Product Ratings and Physical Characteristics Data

You agree that Poshly may incorporate your product ratings in combination with your physical characteristics into its recommendation algorithm for the benefit of all Users. Poshly may use the algorithm to personalize the content you see by making recommendations on the Poshly Service and on third-party websites and mobile applications. You also agree that Poshly may use for any purpose the ratings and physical characteristics data that has been anonymized and aggregated.

Product Ratings and Reviews

You agree that Poshly may share your product ratings and reviews with the companies that produce those products.

Giveaways and Contests

Poshly may offer prizes through giveaways and contests through the Poshly Service. These giveaways and contests may be offered through Poshly directly or in conjunction with third-party marketing partners or affiliates. For example, Poshly may ask users to take a quiz regarding a particular product or topic. Users may be offered an opportunity to win a prize in conjunction with participating in the giveaway or contest, should they be picked at random or as the certain number in a sequence of postings (e.g., the 100th or the 1,000th person to complete a quiz regarding a product). When giveaways and contests are offered through the Poshly Service, there is NO PURCHASE NECESSARY.

III. Poshly’s Content Ownership and Use

The contents of the Poshly Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Poshly content (collectively, "Poshly Content"). All Poshly Content is the property of Poshly or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Poshly Content on the Poshly Service is the exclusive property of Poshly and is protected by copyright, trademark, and other laws.

License to You

Poshly authorizes you, subject to these Terms, to access and use the Poshly Service and the Poshly Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Poshly Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Poshly Content on any copy you make of the Poshly Content.

Poshly Marks

Poshly, the Poshly logo, and other Poshly logos and product and service names are or may be trademarks of Poshly (the "Poshly Marks"). Without Poshly's prior written permission, and except as solely enabled by any link as provided by Poshly, you agree not to display or use in any manner the Poshly Marks.

IV. Intellectual Property Rights and Your License to Use

Poshly Claims No Ownership

The Poshly Service may provide you with the ability to create, post, or share content ("Your User Content"), such as ratings, reviews, and comments. Poshly claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Poshly Service. You are responsible for protecting those rights. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

You Acquire No Ownership of Others' Content

You understand and agree that you will not obtain, as a result of your use of the Poshly Service, any right, title, or interest in or to such content delivered via the Poshly Service or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

License to Poshly

By posting Your User Content on or through the Poshly Service, you grant Poshly a universal, non-exclusive, royalty-free license to use Your User Content for any purpose, including for the purpose of promoting Poshly and its services. You acknowledge that Poshly may choose to provide attribution of Your User Content at our discretion. Poshly reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

You Must Have Rights to the Content You Post

You represent and warrant that: (i) you own the content posted by you on or through the Poshly Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Poshly Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Poshly Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Poshly Service.

The Poshly Service contains content from Users and other Poshly licensors

Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Poshly Service.

V. Copyright Policy

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Poshly Service infringe your copyright, you (or your agent) may send Poshly a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Poshly Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Poshly to locate the material on the Poshly Service;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have 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; and
  6. 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Poshly a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Poshly Service should be sent to [designated agent’s mailing address] ([email address]). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

VI. Suggestions and Submissions

Poshly appreciates hearing from its Users and welcomes your comments regarding the Poshly Service. Please be advised, however, that Poshly does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While Poshly values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Poshly creative ideas, Poshly

  1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;
  2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

VII. User Content Disclaimers, Limitations, and Prohibitions

Poshly does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by Users ("User Content"), merchants, or third-party service providers. You accept that any reliance on material posted by other Users or third-party service providers will be at your own risk.

If you post User Content in any public area of the Poshly Service, such as a product review, you also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the Poshly Service retains any and all rights that may exist in such User Content.

A. Prohibited Poshly Service Uses

You agree to use the Poshly Service only for its intended purpose. You must use the Poshly Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Poshly Service are prohibited. You may not:

  1. Aggregate, copy, or duplicate any Poshly Content;
  2. Use data mining, robots, or other data gathering devices on the Poshly Service;
  3. Remove, disable, damage, circumvent, or otherwise interfere with the security of the Poshly Service;
  4. Interfere or attempt to interfere with the proper working of the Poshly Service;
  5. Gain unauthorized access to the Poshly Service or computers linked to the Poshly Service;
  6. Attempt to reverse engineer, or reverse engineer the Poshly Service;
  7. Frame or link to the Poshly Service without permission;
  8. Attempt to or submit a virus to the Poshly Service;
  9. Take any action imposing an unreasonable or disproportionately large load on Poshly’s infrastructure;
  10. Attempt to or obtain unauthorized access to other Users’ accounts;
  11. Sell, transfer, or assign any of your rights to use the Poshly Service to a third party without the express written consent of Poshly;
  12. Use the Poshly Service in an illegal way or to commit an illegal act; and
  13. Access the Poshly Service from a jurisdiction where it is illegal, unauthorized, or penalized.

B. Prohibition of Certain User-Provided Information

You are solely responsible for Your User Content on the Poshly Service. Poshly does not endorse any, nor is it responsible for, User Content on the Poshly Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

The following requirements apply to the content you post using the Poshly Service. You may not:

  1. Post information on behalf of another person or entity without their consent;
  2. Post incomplete, false, or misleading information in a User profile, impersonate another person, or misrepresent your affiliation with a person or entity;
  3. Harass, incite others to harass, advocate harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material;
  4. Disclose personal information about another person;
  5. Post links, advertisements, or other content from competitors’ websites;
  6. Sell, promote, or advertise products or services;
  7. Post any franchise, pyramid scheme, or similar information;
  8. Commit copyright infringement or help others commit copyright infringement by using the Poshly Service; and
  9. Post to the Poshly Service any material violating anyone’s intellectual property rights.

VIII. Your Profile and Log-In Credential Information

To use the Poshly Service, you will need to sign in with your Poshly credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Poshly immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Poshly will not be liable for any loss or damage arising from unauthorized use of your credentials.

IX. Privacy: Use and Disclosure of Content or Other Provided Information

As also stated in the Privacy Policy, Poshly may access, preserve, and disclose your Personal Information, other account information, and content if required to do so by law or if those actions are reasonably necessary to:

  1. Comply with legal process, such as a court order or subpoena;
  2. Enforce these Terms;
  3. Respond to claims that any content violates the rights of third parties;
  4. Respond to your requests for customer service;
  5. Respond to law enforcement;
  6. Provide the Poshly Service;
  7. Investigate and prevent unauthorized transactions or other illegal activities; or
  8. Protect our or others’ rights, property, or safety.

X. Consequences of Violating These Terms

Poshly may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Poshly Service.

Poshly reserves the right to suspend or terminate your account and prevent access to the Poshly Service for any reason, at its discretion.

XI. Poshly's Liability

Changes to the Poshly Service

Poshly may change, suspend, or discontinue any aspect of the Poshly Service at any time, including hours of operation or availability of the Poshly Service or any feature, without notice or liability. We may decline to process a transaction without prior notice to either party.

User Content

Poshly does not control User Content and does not have an obligation to monitor it for any purpose. Poshly has no obligation to make User Content available through the Poshly Service. Poshly may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but Poshly assumes no responsibility for doing so. Poshly assumes no responsibility for the conduct of Users or other third parties.

Poshly reserves the right, in its sole discretion, to remove Your User Content, and Poshly does not assume any obligation to remove it. To the extent permitted by law, Poshly disclaims any liability for failing to take any such action. To the extent permitted by law, in no event shall Poshly be liable for the deletion, loss, or unauthorized modification of any User Content.

Content Accuracy

Poshly makes no representations about the accuracy, reliability, completeness, or timeliness of any contents of the Poshly Service, including data from third-party service providers. Similarly, Poshly makes no representations as to the quality or nature of recommendations obtained through the Poshly Service.

Third-Party Websites

The Poshly Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. Poshly is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and Poshly disclaims all liability arising from your use of them.

Clothing and Beauty Products

Poshly makes no representations regarding any of the clothing or beauty products or services you use, including those recommended by the Poshly Service. Poshly does not evaluate or guarantee the quality of the clothing or beauty products. The Poshly Service may be used as a tool for learning about products, but Poshly is not liable for any problems that may result from your use of those products or services.

Health Effects

Poshly makes no representations that any clothing or beauty products or services are healthy for your use. If you are suffering health effects from using the products or services, stop using them and consult a medical professional. Poshly is not liable for any health problems that may result from your use of products or services recommended using the Poshly Service.

Poshly makes no promises and disclaims all liability of specific results from the use of the Poshly Service. Use the Poshly Service at your own risk.

A. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE POSHLY SERVICE IS AT YOUR SOLE RISK, POSHLY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND POSHLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE POSHLY SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) POSHLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE POSHLY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE POSHLY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE POSHLY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE POSHLY SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE POSHLY SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSHLY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POSHLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE POSHLY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE POSHLY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE POSHLY SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE POSHLY SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, POSHLY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE POSHLY SERVICE OR YOUR USE OF POSHLY’S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You further agree and understand that Poshly has no liability for the loss of any information you may choose to store in your Poshly account, your computer, or your mobile device, in the event your computer or mobile device is lost or stolen.

You agree to defend, indemnify, and hold harmless Poshly, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the Poshly Service, (ii) your use of any Poshly Content, or (iii) your breach of these Terms. Poshly shall provide notice to you promptly of any such claim, suit, or proceeding.

XII. General Terms

These Terms constitute the entire agreement between you and Poshly concerning your use of the Poshly Service. The failure of Poshly 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 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 remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.

XIII. Arbitration, Class Waiver, and Waiver of Jury Trial

These Terms and the relationship between you and Poshly shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Poshly agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Poshly Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of New York in the state of New York. You covenant not to sue Poshly in any other forum.

You also acknowledge and understand that, with respect to any dispute with Poshly, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.