Platform Terms of Use

Last Updated on February 19, 2023 August 11, 2022

Welcome to Poshed on the GoTM.  Please read these Terms of Use (“Terms”) carefully as they contain important information about our respectiveyour legal rights, remedies and obligations. By accessing or using the Posh Platform (as defined herein) Poshed on the GoTM software application or Website, you agree to comply with and be bound by these Terms.

Thank you for using the Poshed on the Go™ platform to schedule your beauty provider appointment.

These Terms constitute a legally binding agreement ("Agreement") between you and Posh Enterprises, LLC (“Posh” or “we,” “us,” or “our”) as well as any employees, officers, directors, affiliates, Providers (as defined herein), subsidiaries, partners, suppliers, licensors or representatives that may acting on its behalf or in any professional capacity with us, governing your access to and use of the Poshed on the Go™ Website, including any Web pages thereof (collectively, the "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "App") and all associated services (collectively, "Posh Services"). The Site, App and Posh Services together are hereinafter collectively referred to as the “Posh Platform”. Our Privacy Policy is incorporated into these Terms by this reference.  

Any and all payment processing services through or in connection with your use of the Posh Platform ("Payment Services") are provided to you by one or more Posh Payments entities (individually and collectively, as appropriate, "Posh Payments") as set out in the Payments Terms of Service ("Payments Terms").

Service Providers (defined below) alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined below). 

1. Scope of Posh Services.

1.1 The Posh Platform is an online program that enables registered beauty care service providers, in their capacity as an individual or entity (“Service Providers”) to set up offering of beauty services (“Listings”), to communicate and transact directly with customers seeking beauty Products (defined below) and services (“Customers”).  

1.2 As the provider of the Posh Platform, Posh does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any beauty services or Products. Service Providers alone are responsible for their Listings on the Posh Platform.  When Customers make or accept an appointment with a Service Provider, they are entering into a contract directly with each other.  Posh is not and does not become a party to or other participant in any contractual relationship between a Customer and a Service Provider, nor is Posh an insurer over any Customer’s and Service Provider’s conduct.  Posh is not acting as an agent in any capacity for any Customer or Service Provider, except as specified in the Payments Terms.

1.3 Posh has no control over and does not warrant, or guarantee, or make any representations as to (i) the existence, quality, safety, suitability, or legality of any Service Provider or Listing, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Content (as defined below), or (iii) the performance or conduct of any Service Provider or third party. Posh does not endorse any Service Provider or Listing.  Currently, Posh does not provide verification, background checks or monitoring services over Service Providers, or certification about any Customer, including of the Customer's identity or background or whether either the Service Provider or Customer is trustworthy, safe or suitable. 

1.4 If you choose to use the Posh Platform as a Service Provider, your relationship with Posh is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Posh for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Posh.  You acknowledge and agree that you have complete discretion whether or not to provide services or Products through the Posh Platform. If you choose to use the Posh platform as a Customer, you acknowledge and agree that any Service Provider is an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Posh, and is acting exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of Posh.

1.5 To promote the Posh Platform and to increase the exposure of Service Providers to potential Customers, Content (as defined below) may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Customers who speak different languages, Listings and other Content may be translated, in whole or in part, into other languages. Posh cannot guarantee the accuracy or quality of such translations and Service Providers are responsible for reviewing and verifying the accuracy of such translations. 

1.6 The Posh Platform may contain links to third-party websites, services, products, information, or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Posh is not responsible or liable and does not warrant, endorse or guarantee theguarantee for the availability or accuracy of such Third-Party Services, or the content, Products, or services available from such Third-Party Services. Posh is not a party to any agreements with such Third-Party Services that Customers may use or access from the Posh Platform and does not in any way monitor such Third-Party Services. Links to such Third-Party Services are not an endorsement by Posh of such Third-Party Services.

1.7 Due to the nature of the Internet, Posh cannot guarantee the continuous and uninterrupted availability and accessibility of the Posh Platform. Posh cannot guarantee that the Posh Platform will not have any operational or functional defects, or that any such defects will be repaired or corrected. Posh may restrict the availability of the Posh Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Posh Platform. Posh may improve, enhance and modify the Posh Platform and introduce new Posh Services from time to time without notice to you. You are solely responsible for ensuring that you have the appropriate hardware, software, Internet access to use the Posh Platform.

1.8 Customer agrees that during the term of this Agreement and after termination for a period of one (1) year following the date that Customer ceases to use the Posh Platform for any reason, Customer will not (i) recruit or solicit any employee, contractor, advisor or agent of Posh or any Service Provider to discontinue such employment or engagement; seek to employ or retain any such employee, contractor, advisor or agent of Posh or any Service Provider; or cause any business, person, firm or corporation which competes directly or indirectly with Posh to seek or solicit the employment or retention of any such employee, contractor, advisor or agent of Posh or any Service Provider; (ii) solicit or encourage any person or any business, firm, corporation or other entity which has a business or commercial relationship with Posh to seek to discontinue such relationship or reduce the volume or scope of such relationship.

1.9 Service Provider agrees that during the term of this Agreement and after termination for a period of one (1) year following the date that Service Provider ceases to use the Posh Platform for any reason, Service Provider will not (i) recruit or solicit any employee, contractor, advisor or agent of Posh to discontinue such employment or engagement; seek to employ or retain any such employee, contractor, advisor or agent of Posh; or cause any business, person, firm or corporation which competes directly or indirectly with Posh to seek or solicit the employment or retention of any such employee, contractor, advisor or agent of Posh; (ii) solicit or encourage any Customer, any person or any business, firm, corporation or other entity which has a business or commercial relationship with Posh to seek to discontinue such relationship or reduce the volume or scope of such relationship.

2. Eligibility, Using the Posh Platform.

In order to access and use the Posh Platform, a Service Provider or Customer must register by creating an Account (as defined below in Section 4).  In order to open an Account, the Service Provider or Customer must be an individual at least 18-years-old or have reached the age of majority in your country and able to enter into legally binding contracts.

3. Modification of These Terms.

Posh reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Posh Platform and update the “Last Updated” date at the top of these Terms. We also will attempt to provide you with notice of the modifications by email at least thirty (30) days before the date they become effective by sending an email message to the last listed address that we have. If you disagree with the ourrevised Terms at any time, you should immediately discontinue using the Posh Platform and you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, Yyour continued access to or use of the Posh Platform will constitute acceptance of the revised Terms.

4. Account Registration.

4.1 To access and use certain features of the Posh Platform, such as: (i) making an appointment, (ii) publishing a Listing or (iii) selling Products, you must first become a member by registering an account ("Account"). 

4.2 You can register an Account using an email address and creating a password. You have the ability to revise the information in your Account at any time, by accessing the "Member" section of the Posh Platform. 

4.3 You represent and warrant that the information you provide when registering or updating your Account is must provide accurate, current and complete information during the registration process and thatkeep your Account profile page information is up-to-dateinformation up-to-date at all times.

4.4 You may not register more than one (1) Account unless Posh authorizes you to do so in writing. You may not assign or otherwise transfer your Account to another party under any circumstances.

4.5 You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party.  You must immediately notify Posh if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5. Content.

5.1 The Posh Platform enables Service Providers and Customers to (i) create, upload, post, send, receive and store content, such as text, photos or other materials and information on or through the Posh Platform ("Content"); and (ii) access and view Content and any other content that Posh itself makes available on or through the Posh Platform, including proprietary Posh content and any content licensed or authorized for use by or through Posh from a third party ("Content").

5.2 The Posh Platform and Content may individually or in its entirety be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Posh Platform and Content, including all associated intellectual property rights, are the exclusive property of Posh and/or its Service Providers and/or Customers, licensors or authorized third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Posh Platform or Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Posh used on or in connection with the Posh Platform and its Content are trademarks or registered trademarks of Posh in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Posh Platform or Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Posh Platform or Content, except to the extent you are the legal owner of certain Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Posh or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Posh grants you a limited, personal, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the App on your personal device(s); and (ii) access and view any Content made available on or through the Posh Platform and accessible to you.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through the Posh Platform, you grant to Posh a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Posh Platform, in any media or platform, now known or later developed. If any Content, including Verified Images (as defined below) contains personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Posh does not claim any ownership rights in any Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Content.

5.6 You are solely responsible for all Content that you make available on or through the Posh Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available on or through the Posh Platform or you have all rights, licenses, consents and releases that are necessary to grant to Posh the rights in and to such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Posh's use of the Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.7 Service Providers may not post, upload, publish, submit or transmit any Content that violate Posh’s Rules of Conduct set forth below in Section 11.

5.78 We respect the intellectual property of others, and we ask our Service Providers and Customers to do the same.  Accordingly, Posh has adopted the following Copyright Compliance Policy.  If you believe your copyright has been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately.  To be effective, the notification must include:

 

a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;

b. Identification of the copyrighted work claimed to have been infringed;

c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;

d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrighted work that is to be removed and information reasonably sufficient to permit us to locate such materials;

e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrighted work that is allegedly infringed.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.  

 

Designated Agent for Claimed Infringement:

__________________

Posh Enterprises, LLC

Ph.: +1 (913) 357-6841

E-mail: info@poshonthego.com

 

On notice, we will act expeditiously to review and if necessary to remove any Content on the Posh Platform that infringes the copyrights of others and will disable the access to the Posh Platform and its services of anyone who uses the Posh Platform to repeatedly infringe the copyrights of others.  Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.  We take protection of copyrights, both our own and others, very seriously.

6. Service Fees.

6.1 Posh may charge fees for Service Provider and/or Customer transactions through the Posh Platform ("Service Fees") in consideration for the use of the Posh Platform, which will be added to the total at checkout. For instance, Posh may charge a commission fee to each Service Provider in a transaction of a beauty appointment and/or the sale of beauty Products through the Posh Platform.

6.2 Service Fees remain valid and as advertised from time to time. Any applicable Service Fees, including any applicable Taxes (as defined below) will be displayed to a Service Provider and/or Customer prior to checkout. Posh reserves the right to change the Service Fees at any time, and will attempt, but is not required towill provide Service Providers and Customers adequate notice of any fee changes before they become effective. Such fee changes will not affect any appointments or sales made prior to the effective date of the fee change.

6.3 From time to time, Posh may offer our Service Fees to new or existing Service Providers or Customers at discount or promotional rates. You acknowledge that any such promotion is only applicable to the promotion or discount is clearly set out as applicable on the online order form that you used to purchase the Products.

6.43 You are responsible for paying any Service Fees that you owe to Posh. Posh is not liable for any payments of Service Fees that are not completed because: (1) your credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the credit card account or banking information; (2) you have not provided us with correct payment account information; (3) your credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).  The applicable Service Fees (including any applicable Taxes) are collected by Posh Payments. Service Fees are included in the price of any Products offered to Customers and will be deducted beforedeductedPosh Payments will deduct any Service Fees from the Customer’s Account before remitting anythe payout to the Service Provider. Except as otherwise provided on the Posh Platform, Service Fees are non-refundable.

7. Terms Specific for Service Providers Providing Listings.

7.1 Terms Applicable to All Listings.

7.1.1 When creating a Listing through the Posh Platform as a Service Provider youyou must (i) provide complete and accurate information about your services and Products (such as beauty service listing description, Product size, shipping conditions, timing, and calendar availability), (ii) disclose any restrictions and requirements that apply and (iii) provide any other pertinent information requested by Posh. As a Service Provider, youYou are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, additional insurance, special shipping, or other charges) for your Listing (“Listing Fee”). Once a Customer requests an appointment or purchases beauty Products from your Listing, the Service Provider may not request that the Customer pay a higher price than in the Listing request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, "Images") used in Service Provider’s Listings must accurately reflect the quality and condition of the services and Products. Posh reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the Posh Platform may vary and depend on a variety of factors, such as Service Provider search parameters and preferences, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, and/or ease of communicating.

7.1.6 Posh requires that Service Providers obtain appropriate insurance for their services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.

7.2 Limits on Liability.

7.2.1 Posh has no responsibility or liability whatsoever for any Service Provider, Listings, Customers or events notices on the Posh Platform.  Customers agree that their sole and exclusive remedy for any problems with making an appointment or buying beauty Products from Service Providers lies with the specific Service Provider who made the Listing, and not Posh.  

 

7.2.2 YOU ACKNOWLEDGE AND AGREE THAT THE POSH PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE POSH PLATFORM (INCLUDING THE CREATION, USE, AND INTERACTION WITH ANY LISTINGS) AS WELL AS ANY THIRD PARTY SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. POSH AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, PARTNERS, SUPPLIERS, LICENSORS OR REPRESENTATIVES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE POSH PLATFORM (INCLUDING THE CREATION, USE, AND INTERACTION WITH ANY LISTINGS) AS WELL AS ANY THIRD PARTY SERVICES ACCESSED THEREBY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, POSH AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, PARTNERS, SUPPLIERS, LICENSORS OR REPRESENTATIVES MAKE NO REPRESENTATION OR  WARRANTY THAT (I) THE POSH PLATFORM (INCLUDING THE CREATION, USE, AND INTERACTION WITH ANY LISTINGS) AS WELL AS ANY THIRD PARTY SERVICES ACCESSED THEREBY WILL MEET YOUR REQUIREMENTS; (II) THE POSH PLATFORM (INCLUDING THE CREATION, USE, AND INTERACTION WITH ANY LISTINGS) AS WELL AS ANY THIRD PARTY SERVICES ACCESSED THEREBY WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE POSH PLATFORM WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES (WHICH INCLUDES, WITHOUT LIMITATION SUCH CONTENT AND SERVICES OFFERED BY SERVICE PROVIDERS) WILL BE CORRECTEDEXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, POSH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL LISTINGS.  EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, POSH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL LISTINGS AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT.

 

7.2.3 Subject to Section 230 of the Communications Decency Act, 47 U.S.C. § 230, Posh disclaims all liability for any events posted by its Service Providers and Customers on the Posh Platform.

 

7.3 Service Provider Listings.

Service Providers represent and warrant that any Listing or Images that are posted on the Posh Platform will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). Service Providers are responsible for their own acts and omissions.

8. Terms Specific for Service Providers.

8.1 Terms Applicable to All Appointments.

8.1.1 Subject to meeting any requirements set by Posh, Service Providers may offer beauty appointments with Customers and/or sell beauty Products through the Posh Platform.  All applicable fees, including the Listing Fee, Security Deposit (if applicable), Insurance, and any applicable Taxes (collectively, “Total Fees”) will be presented to Customers at checkout. Customers agree to pay the Total Fees for any services or Products requested in connection with your Account.

8.1.2 Upon receipt of a confirmation from Posh, a legally binding agreement is formed between the Customer and Service Provider, subject to any additional terms and conditions, including any applicable cancellation policy or any rules and restrictions specified in the Listing. Posh Payments will collect the Total Fees at the time of the appointment request or upon the Service Provider’s confirmation.

9. Listing Modifications, Cancellations and Refunds.

9.1 Service Providers may make modifications to their Listings at any time, provided they have not already accepted or pre-approved an appointment or sale of beauty Products.

9.2 Service Providers are responsible for any modifications to a Listing or event post that they make via the Posh Platform ("Listing Modifications"), and agree to pay any additional Listing Fees and/or Taxes (if any) associated with such Listing Modifications.

9.3 Customers may cancel a confirmed appointment at any time provided the Customer complies with the cancellation provisions under such Listing.  Unless extenuating circumstances exist, any portion of the Total Fees due to the Service Provider under the applicable Listing’s cancellation policy will be refunded to the Customer.

10. Ratings and Reviews.

10.1 The Posh app may permit Customers to leave a public review (“Review”) and submit a rating (“Rating”) about each Service Provider.  Ratings or Reviews reflect the opinions of individual Customers and do not reflect the opinion of Posh. Service Providers and Customers hereby hold Posh harmless from any and all losses or damages that may arise as a result of such Ratings or Reviews.  Ratings and Reviews are not verified by Posh for accuracy and may be incorrect or misleading.  Reliance on any Rating or Review is at a Customer’s own risk.

10.2 Ratings and Reviews by Customers must be accurate and must comply with Posh’s Rules of Conduct set forth in Section 11 below.

10.3 Service Providers are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Service Provider.

10.4 Ratings and Reviews are part of a Service Provider’s public profile and may also be surfaced elsewhere on the Posh Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Rules of Conduct.

 

1. Your use of the Posh Platform is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties.  You are solely responsible for all activities, acts and omissions that occur in, from, or through your Account.  You shall not use, allow, or enable others to use the Posh Platform, the Ratings or Reviews, or knowingly condone use of the Posh Platform, the Ratings or Reviews by others, in any manner that is, attempts to, or is likely to:

 

• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; 

• affect us adversely or reflect negatively on us, the Posh Platform, our goodwill, name or reputation or cause duress, distress or discomfort to us, our Members or anyone else, or discourage any person from using all or any portion, features or functions of the Posh Platform; 

• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; 

• transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information; 

• forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason; 

• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States of America), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; 

• gain unauthorized access to the Posh Platform, Accounts, or other computers, websites or web pages, connected or linked to the Posh Platform or to use the Posh Platform in any manner which violates or is inconsistent with the Terms; 

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Posh Platform;

• use, display, mirror or frame the Posh Platform or Content, or any individual element within the Posh Platform, Posh’s name, any Posh trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Posh Platform, without Posh’s express written consent;

• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Posh Platform;

• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Posh Platform or the rights or use and enjoyment of the Posh Platform by any other person, firm or enterprise; or 

• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other Member in connection with their use of the Posh Platform, unless you have obtained the express, prior permission of such Member to do so.

 

1. You acknowledge that Posh has no obligation to monitor the access to or use of the Posh Platform by any Service Provider or Customer, or to review, disable access to, or edit any Content, but has the right to do so to (i) operate, secure and improve the Posh Platform (including without limitation for fraud prevention, risk assessment, investigation and support purposes); (ii) ensure Service Providers’ and Customers’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Service Providers and Customers agree to cooperate with and assist Posh in good faith, and to provide Posh with such information and take such actions as may be reasonably requested by Posh with respect to any investigation undertaken by Posh or a representative of Posh regarding the use or abuse of the Posh Platform.

 

1. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Posh by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

1. You agree to indemnify, defend and hold Posh, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all third party claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms by you, or resulting from your Listings or event postings or any content you provide, submit or make available on or through the Posh Platform or your unauthorized use of any content uploaded to the Posh Platform.  Posh reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Posh in the defense of any such claim, action, settlement or compromise negotiations, as requested by Posh, including payment of all money damages awarded or agreed to in any such action or settlement.

 

12. SHOPPING & E-COMMERCE

 

1. The Posh Platform may permit Service Providers to offer various beauty products for sale (collectively “Products”), or direct or link to other websitesWeb sites that sell Products.  In order to place an order through the Posh Platform for Products, you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.  By placing such an order for Products, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside.  Products are subject to availability and Service Providers reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Products without notice, even if you have already placed your order.  The inclusion of any Products on the Posh Platform at a particular time does not imply or warrant that these Products will be available at all times.  

 

1. All Product prices are shown in U.S. dollars, and are valid and effective for all Products ordered through the Posh Platform on the day they are ordered.  All prices are subject to change without notice.  With respect to Products sold by Service Providers, Posh cannot confirm the price of such Product until a Customer completes an order; however, the Service Provider does NOT charge your credit card until after your order has entered the shipping process.   

 

1. Subject to Section 17 below, all Products offered for sale through the Posh Platform are warranted by the specific Service Provider who offers the Product.  To correct, repair or replace defective Products sold by a Service Provider, you must communicate with the specific Service Provider of the Products.  Posh has no responsibility or liability whatsoever for Products you may obtain from or through Service Providers or other Web sites or Web pages, even if you were directed or linked to such a site or page through the Posh Platform.  Moreover, we are not responsible in any manner for assisting you in correcting any problem you may experience with such Products.  You agree that your sole and exclusive remedy for defective Products lies with the specific Service Provider who offered the Products and not Posh.  EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS.  EXCEPT AS SPECIFICALLY SET FORTH IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

 

1. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so.  All orders must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order.  We may contact you and require additional information from you before we grant such pre-approval.  Products on the Posh Platform are offered for sale only to end user customers or as personal gifts to end user customers and not for resale.  We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions. 

 

1. You are responsible for any Taxes imposed on the sale or use of Products and applicable Taxes will be added to the amount charged for Products purchased on the Posh Platform.  If an order consists of multiple items, they may be shipped separately depending on availability.  We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites Web sites or Web pages, even if you were directed or linked to such a site or page through the Posh Platform.  You agree to indemnify, defend and hold Posh, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from your failure to pay any Taxes to the proper governmental authorities. 

 

1. When an order for Products is placed, it will be shipped to an address designated by the Customer as long as that shipping address is compliant with the shipping restrictions contained on the Posh Platform.  All purchases from the Posh Platform are made pursuant to a shipment contract.  As a result, risk of loss and title for Products purchased from the Posh Platform pass to you upon delivery of the Products to the carrier.  You are responsible for filing any claims with carriers for damaged and/or lost shipments. 

 

13. ACCURACY OF INFORMATION & PRODUCT DESCRIPTIONS

 

1. We try to assure the accuracy of all Listing information displayed on the Posh Platform, but it is possible that the information contains errors, inaccuracies, or omissions.  In particular, our Service Providers diligently try to accurately post such information.  Despite their best efforts, some of the Listing information may contain errors.  Posh is not liable for any harm caused or related to any such Listing information errors.  

 

1. With respect to Products offered on the Posh Platform, we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor, the colors you see might not accurately depict the actual colors of the Product.  Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.  In addition, due to typical and very common manufacturing inconsistencies, Product weights and measurements can vary slightly from the specific information set forth on the Listing on the Posh Platform.  Minor Product variations in color, weights and measurements will not be considered as resulting in Products being deemed defective. 

 

1. Despite our Service Providers’ best efforts, a small number of the Products on the Posh Platform may be mispriced.  If a Product sold on the Posh Platform is listed at an incorrect price or with incorrect information, our Service Providers reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if a Customer’s credit or debit card account has been charged (in which event the Service Provider will issue a credit to the Customer’s account in the amount of the charge).  Please note that this policy applies only to Products sold and shipped by Service Providers on the Posh Platform.  Your purchases from third-party sellers through Internet links are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

14. Taxes.

14.1 Service Providers are solely responsible for determining their obligations to report, collect, remit or include in their Listing Fees any applicable VAT or other indirect sales taxes or rental taxes associated with their Listings ("Taxes").

14.2 Service Providers agree to indemnify, defend and hold Posh, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from their failure to pay any Taxes to the proper governmental authorities.

15. Term and Termination, Suspension and other Measures.

1. These Terms shall be effective for a 30-day term (“Initial Term”), at the end of which it will automatically and continuously renew for subsequent 30-day terms (each a “Renewal Term”) until such time when you or Posh terminates the Terms in accordance with this provision.  The Initial Term and any Renewal Term is collectively, the “Term”.

 

1. You may terminate these Terms at any time by sending us an email.  Once you cancel your Account, if you have any outstanding confirmed appointments, they will be automatically canceledcancelled and a refund will be returned to the Customer depending upon the terms of the Listing’s cancellation policy.

 

1. Without limiting our rights specified below, Posh may terminate your membership for convenience at any time by giving you thirty (30) days' prior notice via email to your registered email address.

 

1. Posh may immediately, without notice, terminate your membership and/or stop providing access to the Posh Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, or our Rules of Conduct; (ii) you have violated applicable laws, regulations or third party rights, or (iii) Posh believes in good faith that such action is reasonably necessary to protect the personal safety or property of Posh, its Service Providers, Customers, or third parties (for example in the case of fraudulent behavior of a Service Provider).

 

1. In addition, Posh may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) a Service Provider has breached these Terms, the Payments Terms, or our Rules of Conduct, applicable laws, regulations, or third party rights, (iii) a Service Provider has provided inaccurate, fraudulent, outdated or incomplete information during the Account registration, Listing process or thereafter, (iv) a Service Provider has repeatedly received poor Ratings or Reviews or Posh otherwise becomes aware of or has received complaints about your performance or conduct, (v) you have repeatedly canceledcancelled confirmed rentals or failed to respond to rental requests without a valid reason, or (vi) Posh believes in good faith that such action is reasonably necessary to protect the personal safety or property of Posh, its Service Providers, Customers, or third parties, or to prevent fraud or other illegal activity:  

• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Content;

• cancel any pending or confirmed appointments or sales;

• limit your access to or use of the Posh Platform;

• temporarily or permanently revoke your Account;

• temporarily or in case of severe or repeated offenses permanently suspend your Account and stop providing access to the Posh Platform.

1. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Posh and an opportunity to resolve the issue to Posh’s reasonable satisfaction.

 

1. When these Terms have been terminated, you are not entitled to a restoration of your Account or any of your Content. If your access to or use of the Posh Platform has been limited or your Account has been suspended or this Agreement has been terminated by us, you may not register a new Account or access and use the Posh Platform through an Account of another Account holder.

 

1. Sections 5, 14 through 18 and 21 through 23 of these Terms shall survive any termination or expiration of this Agreement.

16. Disclaimers.

1. If you choose to use the Posh Platform or provide a Listing or Content, you do so voluntarily and at your sole risk.  The Posh Platform and Content is provided “AS IS”, without warranty of any kind, either express or implied.

 

1. Service Providers agree that they have had whatever opportunity they deem necessary to investigate the Posh Services, laws, rules, or regulations that may be applicable to their Listings being provided and Customers are not relying upon any statement of law or fact made by Posh relating to a Listing.

 

1. If we choose to conduct identity verification or background checks on any Service Provider or Customer, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Service Provider or Customer or guarantee that a Service Provider or Customer will not engage in misconduct in the future.

 

1. You agree that some events may carry inherent risk, and by participating in such events, you choose to assume those risks voluntarily.  You assume full responsibility for the choices you make before, during and after your participation in an event.   

 

1. The foregoing disclaimers apply to the maximum extent permitted by law.  You may have other statutory rights.  However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Posh Platform and Content, your publishing or offering of any Listing via the Posh Platform, your making any appointment or purchasing any Products, your participation in any event or any other interaction you have through the Posh Platform whether in person or online remains with you.  Neither Posh nor any other party involved in creating, producing, or delivering the Posh Platform or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute Products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Posh Platform or Content, (iii) from any communications, interactions or appointments with Service Providers or other persons with whom you communicate, interact or meet with as a result of your use of the Posh Platform, or (iv) from your offering a Listing or selling a beauty Product, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Posh has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. 

18. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at Posh’s option), indemnify, and hold Posh and its affiliates and subsidiaries and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Rules of Conduct or (ii) your improper use of the Posh Platform or any Posh Services (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iii) your breach of any laws, regulations or third party rights.

19. Feedback.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Posh Platform (“Feedback“). You may submit Feedback by emailing us, through the Posh Platform, or by other means of communication.  Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials in Feedback for any purpose, without compensation to you.

20. Hyperlinks to Third Party Sites.

The Posh Platform may provide links to third party Web sites and other resources that could be of interest to you, including the Web sites of our Service Providers and advertisers.  You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by Posh of the content, advertising or business practices (including the privacy policies) of such third party websitesWeb sites, whether Posh’s logo or sponsorship identification is on the third party Web site, or whether such Web site conducts “framing,” which allows a user to access several Web pages or Web sites while still viewing a header or border from the Posh Platform.  These third party Web sites may have different privacy policies and business practices than we do.  Posh does not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such third party Web sites.  You understand and agree that the Posh Platform, Posh, its affiliates, successors and assigns, and their respective officers, directors, shareholders, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party Web sites.  If you decide to access and use linked third party Web sites, you understand, acknowledge, and agree that you do so entirely at your own risk.  If any third party site obtains or collects personally identifiable information from you, in no event shall we assume or have any responsibility or liability.  Please read our Privacy Policy, which describes how we collect and useuses your personally identifiable information.

 

21.  Applicable Law, and Jurisdiction, and Dispute Resolution.

21.1 This Agreement and your use of the Posh Platform shall be governed by, construed and enforced in accordance with the substantive laws of the State of Kansas applicable to contracts made, executed and wholly performed in that State., and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable State and Federal Courts situated in the State of Kansas and agree you will not object to such exclusive jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Posh has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction.  

21.2 To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States of America, Kansas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States of America, Kansas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms. In no event shall any Dispute brought by either Party related in any way to the Posh Platform be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21.3 The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

21.4 The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

22. International Use.

Although the Posh Platform may be accessible worldwide, we make no representation that Content thereon or Listings provided through the Posh Platform are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories that prohibit such access is prohibited.  Those who choose to access or use or interact with the Posh Platform from foreign locations do so on their own initiative and are responsible for compliance with all local laws.  Any offer made in connection with the Posh Platform is void where prohibited.

23. General Provisions.

1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Posh and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Posh and you in relation to the access to and use of the Posh Platform.

 

1. No joint venture, partnership, employment, or agency relationship exists between you and Posh as a result of this Agreement or your use of the Posh Platform.

 

1. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

1. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

 

1. Posh’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

1. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Posh’s prior written consent. Posh may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice to you. Your right to terminate this Agreement at any time remains unaffected.

 

1. The Posh Platform, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Posh Platform, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Copyrighted Content"), are the property of Posh and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors.

 

1. All Copyrighted Content on the Posh Platform is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.  Posh authorizes you to access Copyrighted Content and grants you the right to use Posh Platform solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever.  You must not alter, delete or conceal any copyright or other notices contained on the Posh Platform, including notices on any Copyrighted Content you display, print or reproduce from the Posh Platform.  Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party websiteWeb site) or otherwise use, any Copyrighted Content without the express prior written consent of Posh.  Any unauthorized or prohibited use of any Copyrighted Content, including use in contravention of these Terms, may subject you to civil liability, criminal prosecution, or both.

 

1. The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on or of the Posh Platform are the intellectual property of and proprietary to Posh, its advertisers, suppliers and others with whom Posh may do business.  You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of Posh or its Service Providers.  You may not use any meta tags or any other "hidden text" utilizing the Marks without our express written consent.  Any unauthorized use terminates the permission or license granted by Posh.

 

1. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.