Terms of Use
TERMS OF USE
Welcome
to Posh Society, an interactive forum for gossip and communication, where users
anonymously evaluate the social scene at their college. The basic
premise of Posh Society builds on the notion that everyone is a local celebrity
in their own social microcosm. Posh Society is as much of a social
experiment as it is an entertaining forum for gossip and communication.
Our goal is to reshape the way college students view their campus, their peers,
and themselves. Through diligent oversight and strong control filters,
Posh Society will ensure that this social utility is entertaining,
constructive, timely, informative, and yet not used in a harmful or malicious
manner. We ask that you review these Terms of Use, which are intended
to constitute a binding license agreement that conditions your use of this site
(the "Agreement"). Our goal is to protect our rights in order to
provide you with access to the free service available at this site. If you do
not wish to be bound by this Agreement after you have read it, please leave the
site. By accessing or using our website at www.poshsociety.com (“Site”), you have
read, understand and agree to be bound by these Terms of Use (“Terms of Use” or
“Agreement”), whether or not you are a registered member of Posh Society. If
you remain on this site, or return thereafter, you agree to be bound by this
Agreement. Posh Society service and forum network (collectively, “Posh
Society” or “the Service”) are operated by Posh Society, LLC. And its corporate
affiliates (collectively, “us”, “we”, or “the Company”).
1.
Responsible conduct. You
agree to act responsibly at this site and to treat other visitors with respect.
As a Registered User (meaning you completed the Registration as defined below),
you agree that:
a.
Registration: By using the site, you agree to provide accurate, current and
complete information about yourself and others you may know as you may be
prompted by any registration forms on the Site. You agree to maintain the
security of your password and identification. You agree to maintain and
promptly update the Account Information, and any other information you provide
to the Company, to keep it accurate, current and complete, and to be fully responsible
for all use of your account and for any actions that take place using your
account.
b.
You are solely responsible for the content or information you publish, display or
otherwise communicate in any manner (hereinafter, "post") on the
Service, or transmit to other Registered Users.
c.
You will not post on the Service, or transmit to other Registered Users, any
defamatory, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, or illegal material, or
any material that infringes or violates another party's rights (including, but
not limited to, intellectual property rights, and rights of privacy and publicity).
d.
You will use the Service in a manner consistent with any and all applicable
local, state, national and international laws and regulations, including, but
not limited to, United States export control laws. You are not located in,
under the control of, or a national or resident of any country which the United
States has (i) embargoed goods, (ii) identified as a "Specially Designated
National", or (iii) placed on the Commerce Department's Table of Deny
Orders. Membership in, and use of, the Service is void where prohibited.
e.
You will not provide inaccurate, misleading or false information to the Company
or to any other Registered User. If information provided to the Company, or
another Registered User, subsequently becomes inaccurate, misleading or false,
you will promptly notify the Company of such information.
f.
You will not engage in advertising to, or solicitation of, other Registered
Users to buy or sell any products or services through the Service. You will not
transmit any chain letters or junk E-mail to other Registered Users.
g.
You will not post, copy, modify, transmit, show in public or private, create
any derivative works from, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
h.
You are solely responsible for your interactions with other Registered Users.
You agree to take normal precautions when meeting individuals through the
Service. You understand that the Company makes no guarantees, either express or
implied, regarding your ultimate compatibility with individuals you meet
through the Service.
i.
You are opting-in to receive updates, subscriptions services, company news
emails and receive correspondence, including advertisements, from Posh Society
and its partners on occasion.
j.
You will promptly report to the Company any violation of the Terms of this
Agreement by other Registered Users.
k.
The Company reserves the right, but has no obligation, to monitor the materials
posted in the public areas of the Service. The Company shall have the right to
remove any such material that in its sole opinion violates, or is alleged to
violate, any applicable law or either the letter or spirit of this Agreement.
Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR
THE CONTENT YOU SUBMIT ON THE WEBSITE .
l.
Eligibility: Membership in the Service is void where prohibited. The Site
is intended solely for college students - users who are (18) years of age or
older. By using the Service or the Site, you represent and warrant that
you are 18 or older and in college, or else that you are 18 or older, and that
you agree to and abide by all of the terms and conditions of this
Agreement.
m.
Proprietary Rights: All the content on Posh Society and available through
the Service, except the content posted by Registered Users and described
throughout the Terms of Use, including designs, text, graphics, pictures video,
information, applications, software, music, sound and other files, and their
selection and arrangement (the “site Content”), are the proprietary property of
the Company, its users or its licensors with all rights reserved. No Site
Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without the Company’s prior written permission.
Provided that you are eligible for use of Posh Society, you are granted a
limited license to access and use the Site and the Site Content and to download
or print a copy of any portion of the Site Content to which you have properly
gained access solely for your personal, non-commercial use, provided that you
keep all copyright or other proprietary notices intact. Any use of the
Site or the Site Content other than as specifically authorized herein, without
the prior written permission of Company, is strictly prohibited and will
terminate the license granted herein. Such unauthorized use may also violate
applicable laws including copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these Terms of Use shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
n.
User Conduct: you agree not to use the Service or the Site to:
-use the Service or the
Site in any unlawful manner or in any other manner that could damage, disable,
overburden or impair the Site;
-use automated scripts
to collect information from or otherwise interact with the Service or the Site;
-upload, post, transmit,
share, store, or otherwise make available any content that we deem to be
harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable;
-upload, post, transmit, share,
store or otherwise make available any videos other than those of a personal
nature that: (i) are of you or your friends, (ii) are taken by you or your
friends, or (iii) are original art or animation created by you or your friends;
-register
for more than one User account, register for a User account on behalf of an
individual other than yourself, or register for a User account on behalf of any
group or entity;
-impersonate
any person or entity, or falsely state or otherwise misrepresent yourself, your
age or your affiliation with any person or entity;
-upload,
post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
-upload,
post, transmit, share, store or otherwise make publicly available on the Site
any private information of any third party, including, addresses, phone
numbers, email addresses, Social Security numbers and credit card numbers;
-solicit
personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
-upload,
post, transmit, share or otherwise make available any material that 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;
-intimidate or harass another;
-upload, post, transmit, share,
store or otherwise make available content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state, national
or international law;
-use or attempt to use
another's account, service or system without authorization from the Company, or
create a false identity on the Service or the Site.
-upload, post, transmit,
share, store or otherwise make available content that, in the sole judgment of
Company, is objectionable or which restricts or inhibits any other person from
using or enjoying the Site, or which may expose Company or its users to any
harm or liability of any type.
2.
Online Content.
Opinions, advice, statements, offers, or other information or content made
available through the Service, but not directly by the Company, are those of
their respective authors, and should not necessarily be relied upon. Such
authors are solely responsible for such content. THE COMPANY DOES NOT: (i)
GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE,
AND (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN
THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS. You
represent, warrant and agree that no materials of any kind submitted through
your account or otherwise posted, transmitted, or shared by you on or through
the Service will violate or infringe upon the rights of any third party,
including copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise unlawful
material.
a. Share link to Online Content Providers Subject to the terms and conditions of these Terms of Use,
Third Party Sites that meet the requirements set forth below may place a Share
Link (as described below), in the form approved by Company, on pages of their
web sites to facilitate use of the Share Service. A Third Party Site that posts
a Share Link on its web site is referred to herein as an "Online Content
Provider" and shall abide and be subject to the applicable sections of
these Terms of Use. A "Share Link" is a button and/or a text link
appearing on an Online Content Provider's web page that, upon being clicked by
a user, enables us to launch a sharing mechanism through which users can share
with others or post to their own member profile, links and content from that
page. In the event that the Share Link is a button that contains any icons or
other graphic images, trademarks or other proprietary materials of the Company,
Online Content Provider is granted permission to use such images, trademarks or
other materials solely for the purpose of placing the Share Link on Online
Content Provider's site and solely in the current form provided by the Company.
In the event that the Share Link is a text link, it must include the words
"Posh Society" as part of the link. The rights granted in this
paragraph may be revoked by Company at any time with or without cause in its
sole discretion, and upon such termination, Online Content Provider agrees to
immediately remove all Share Links from its site. In order for an Online
Content Provider to include a Share Link on its pages, the Third Party Site
must not contain any web content that if shared or posted by a user would be a
violation of the user conduct rules set forth above. Without limiting the
forgoing, Online Content Provider agrees not to post a Share Link on any web
site that contains, and represents and warrants that such web site does not and
will not contain, any content that is infringing, harmful, threatening,
unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd,
fraudulent, or invasive of privacy or publicity rights or that may expose
Company or its users to any harm or liability of any type. Upon including of a
Share Link, Online Content Provider agrees to defend, indemnify and hold the
Company, its subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with such
Share Link, any links, content or other items or materials which may be shared
or posted through such Share Link, or any breach or alleged breach of the
foregoing representations and warranties. By including a Share Link, Online
Content Provider automatically grants, and represents and warrants that it has
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use the Share Service in order to link to, use, copy, publish, stream, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part),
summarize, and distribute the content, links and other materials of any kind
residing on any web pages on which Online Content Provider places the Share
Link.
3.
User Content submitted on the Website.
-You are solely responsible for the photos, Naked You Page (including your
name, image, ad information) comments, hookup tree information, blindates,
videos, music, advertisements, listings, that you submit. You may not
submit, transmit, or share User Content on the Website or Service that you did
not create or that you do not have permission to post. You understand and agree
that the Company may, but is not obligated to, review the Site and may delete
or remove (without notice) any Site Content or User Content in its sole
discretion, for any reason or no reason, including User Content that in the
sole judgment of the Company violates this Agreement, or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of users or others. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any User Content you post or
store on the Site or provide to the Company. When you submit User Content to
the Site, you authorize and direct us to make such copies thereof as we deem
necessary in order to facilitate the posting and storage of the User Content on
the Site. By posting User Content to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to grant, to the
Company an irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part)
and distribute such User Content for any purpose, commercial, advertising, or
otherwise, on or in connection with the Site or the promotion thereof, to
prepare derivative works of, or incorporate into other works, such User
Content, and to grant and authorize sublicenses of the foregoing.
a NAKED YOU PAGES: POSH SOCIETY DOES NOT PRE-SCREEN
OR APPROVE NAKED YOU PAGES, AND CANNOT GUARANTEE THAT A NAKED YOU PAGE WAS
ACTUALLY CREATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A NAKED YOU
PAGE. NOR IS POSH SOCIETY RESPONSIBLE FOR THE CONTENT OF ANY POSH SOCIETY PAGE,
OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION
WITH ANY POSH SOCIETY PAGE. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL
INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A NAKED YOU
PAGE.
4. Terms of Sale: By ordering products or services from Company through the
Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale
are subject to change without prior notice at any time, in Company's sole
discretion so you should review the Terms of Sale each time you make a
purchase.
To
make a purchase on Posh Society, you must be a registered Posh Society User and
comply with these Terms of Sale (including the Terms of Use). You acknowledge
that you are responsible for maintaining the security of, and restricting
access to, your account and password, and you agree to accept responsibility
for all purchases and other activities that occur under your account. Posh
Society sells its products only to those users who can legally make purchases
with a credit card. Posh Society reserves the right to refuse or cancel
orders or terminate accounts, at any time in its sole discretion.
We
accept Visa, MasterCard, American Express, Discover and Diner's Club credit
cards and certain debit cards, as forms of payment. By submitting an order
through Posh Society, you authorize the Company, or its designated payment
processor, to charge the account you specify for the purchase amount. All
payments are to be made in United States Dollars.
Company's
virtual purchasing main photo service allows you to select/upload an image and
submit this to be the main picture of that particular Naked You page.
That main photo will be used throughout the website to identify
that particular user. The length of time the Virtual purchase will remain
posted on the recipient's Naked You Page until another user or you decide to
replace the picture. The picture that you paid for will be placed with
all the other photos. The images and other content included as part of the
Virtual photo purchases is part of the Site Content and is subject to all terms
and conditions regarding such Site Content as are set forth in the Terms of
Use. Without limiting any of the foregoing, the Virtual photo purchase service
is a service (notwithstanding any use of the terms "purchase,"
"buy," "sell," "order" or the like on the Site or
in these Terms of Sale),and neither you nor your recipient obtains or retains
any rights or ownership interest of any kind in or to any Virtual picture you
purchase through the Virtual photo service, and neither you nor the recipient
may reproduce, distribute, transfer, modify or otherwise use the Virtual photo
service in any manner other than as expressly authorized by Company. All use of
the Virtual photo service is for your personal, non-commercial use only.
If the photo is deemed harmful by the Company, it will be removed. Users
may report the picture for review by the Company.
5.
Limited License/ Copyright and Intellectual Property Law Restrictions. Except for public domain material, this site is
protected by intellectual property laws, including U.S. copyright laws. You are
hereby granted a non-exclusive license to use the material at this site
("Content") while connected to this site (including, where available,
to comment and view individual stories of friends directly from this site).
Among other things, except to the extent required for the limited purpose of
reviewing material on our site, electronic reproduction, adaptation,
distribution, performance or display is prohibited. Changes to or deletion of
author attribution or copyright notices are prohibited. Commercial use of any
of the Content is strictly prohibited. Use of any of our trademarks as metatags
on other web sites also is strictly prohibited. You may not display this
website in frames (or any of the Content via in-line links) without our express
written permission, which may be requested by contacting us through our feedback
form. You may, however, establish ordinary links to our site without our
written permission.
a.
License by Registered User. By posting information or content to any public area of the Service,
you automatically grant, and you represent and warrant that you have the right
to grant, to the Company and other Registered Users an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, publicly perform,
publicly display and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and to
grant and authorize sub-licenses of the foregoing.
b.
Copyright Complaints We respect the intellectual property
rights of others and we prohibit users from uploading, posting or otherwise
transmitting on the Posh Society Website or service any materials that violate
another party's intellectual property rights. When we receive proper
Notification of Alleged Copyright Infringement, we promptly remove or disable
access to the allegedly infringing material and terminate the accounts of
repeat infringers as described herein in accordance with the Digital Millennium
Copyright Act. If you believe that any material on the Site infringes upon any
copyright which you own or control, you may send a written notification of such
infringement to our Designated Agent. Please send an email to terms@poshsociety.com to report
infringement of your copyright. In
accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Company has adopted a policy of terminating, in appropriate
circumstances and at Company's sole discretion, members who are deemed to be
repeat infringers. Company may also at its sole discretion limit access to the
Site and/or terminate the memberships of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
6.
Links. We may
provide links from our site to other sites as a convenience to our visitors. We
have no control over linked sites and make no representations about any content
or material available at these locations. Links are not intended to imply
sponsorship, affiliation or endorsement.
7.
Discussion Boards and other self-publishing third party products. Although we do not have any
obligation to monitor these services, or this self-published content, we
reserve the right at all times to remove any information or materials that are
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, indecent or otherwise objectionable to us in our sole
discretion and to disclose any information necessary to satisfy the law,
regulation, or government request. We also reserve the right to permanently
block any user who violates these terms and conditions.
8.
DISCLAIMER. YOU
EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO
WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR
FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS
SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT
VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES.
a. The
Company is not responsible or liable in any manner for any User Content or
Third Party Applications, Software or Content posted on the Site or in
connection with the Service, whether posted or caused by users of the Site, by
Posh Society, by third parties or by any of the equipment or programming
associated with or utilized in the Site or the Service. Although we provide
rules for user conduct and postings, we do not control and are not responsible
for what users post, transmit or share on the Site and are not responsible for
any offensive, inappropriate, obscene, unlawful or otherwise objectionable
content you may encounter on the Site or in connection with any User Content or
Third Party Applications, Software or Content. The Company is not responsible
for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service,
including any Mobile Client software. Under no circumstances will the Company
be responsible for any loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from anyone's use of the Site or
the Service, any User Content or Third Party Applications, Software or Content
posted on or through the Site or the Service or transmitted to Users, or any
interactions between users of the Site, whether online or offline. THE COMPANY
CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE
AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU
SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software
and other items used or contained in the Site and any Services offered through
the Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Company.
9. Limitation on Liability
IN
NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA
ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR
ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED
FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO
CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF
NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE
RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO
DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. Indemnity You
agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney's fees, arising out of or in
connection with any User Content, any Third Party Applications, Software or
Content you post or share on or through the Site (including through the Share
Service), your use of the Service or the Site, your conduct in connection with
the Service or the Site or with other users of the Service or the Site, or any
violation of this Agreement or of any law or the rights of any third party.
11.
Modifications/ Termination. The terms of this Agreement will not be modified on an individual
basis. You agree that we may modify the terms of this Agreement (or discontinue
this site) in our sole discretion, without advance notice, and that your right
to access this site is conditioned on an ongoing basis with your compliance
with the then-current version of these Terms and Conditions. You should
therefore visit this page frequently.
12.
User Disputes: You
are solely responsible for your interactions on Posh Society. We reserve
the right, but have no obligation, to monitor disputes between you and other
users.
13.
Jurisdiction. This
Web site is hosted on servers located in the United States and is intended to
be viewed by residents of the United States. In the event of any dispute arising
out of or relating to this site, you agree that the exclusive venue for
litigating disputes shall be in state or federal court in New York.
14. Other
These Terms
of Use constitute the entire agreement between you and Company regarding the
use of the Site and/or the Service, superseding any prior agreements between
you and Company relating to your use of the Site or the Service. The failure of
Company to exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision in that or any other
instance. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect. If any provision of
these Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
of Use and shall not affect the validity and enforceability of any remaining
provisions.
TERMS OF USE
Welcome
to Posh Society, an interactive forum for gossip and communication, where users
anonymously evaluate the social scene at their college. The basic
premise of Posh Society builds on the notion that everyone is a local celebrity
in their own social microcosm. Posh Society is as much of a social
experiment as it is an entertaining forum for gossip and communication.
Our goal is to reshape the way college students view their campus, their peers,
and themselves. Through diligent oversight and strong control filters,
Posh Society will ensure that this social utility is entertaining,
constructive, timely, informative, and yet not used in a harmful or malicious
manner. We ask that you review these Terms of Use, which are intended
to constitute a binding license agreement that conditions your use of this site
(the "Agreement"). Our goal is to protect our rights in order to
provide you with access to the free service available at this site. If you do
not wish to be bound by this Agreement after you have read it, please leave the
site. By accessing or using our website at www.poshsociety.com (“Site”), you have
read, understand and agree to be bound by these Terms of Use (“Terms of Use” or
“Agreement”), whether or not you are a registered member of Posh Society. If
you remain on this site, or return thereafter, you agree to be bound by this
Agreement. Posh Society service and forum network (collectively, “Posh
Society” or “the Service”) are operated by Posh Society, LLC. And its corporate
affiliates (collectively, “us”, “we”, or “the Company”).
1.
Responsible conduct. You
agree to act responsibly at this site and to treat other visitors with respect.
As a Registered User (meaning you completed the Registration as defined below),
you agree that:
a.
Registration: By using the site, you agree to provide accurate, current and
complete information about yourself and others you may know as you may be
prompted by any registration forms on the Site. You agree to maintain the
security of your password and identification. You agree to maintain and
promptly update the Account Information, and any other information you provide
to the Company, to keep it accurate, current and complete, and to be fully responsible
for all use of your account and for any actions that take place using your
account.
b.
You are solely responsible for the content or information you publish, display or
otherwise communicate in any manner (hereinafter, "post") on the
Service, or transmit to other Registered Users.
c.
You will not post on the Service, or transmit to other Registered Users, any
defamatory, inaccurate, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, racially offensive, or illegal material, or
any material that infringes or violates another party's rights (including, but
not limited to, intellectual property rights, and rights of privacy and publicity).
d.
You will use the Service in a manner consistent with any and all applicable
local, state, national and international laws and regulations, including, but
not limited to, United States export control laws. You are not located in,
under the control of, or a national or resident of any country which the United
States has (i) embargoed goods, (ii) identified as a "Specially Designated
National", or (iii) placed on the Commerce Department's Table of Deny
Orders. Membership in, and use of, the Service is void where prohibited.
e.
You will not provide inaccurate, misleading or false information to the Company
or to any other Registered User. If information provided to the Company, or
another Registered User, subsequently becomes inaccurate, misleading or false,
you will promptly notify the Company of such information.
f.
You will not engage in advertising to, or solicitation of, other Registered
Users to buy or sell any products or services through the Service. You will not
transmit any chain letters or junk E-mail to other Registered Users.
g.
You will not post, copy, modify, transmit, show in public or private, create
any derivative works from, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining the
prior consent of the owner of such proprietary rights.
h.
You are solely responsible for your interactions with other Registered Users.
You agree to take normal precautions when meeting individuals through the
Service. You understand that the Company makes no guarantees, either express or
implied, regarding your ultimate compatibility with individuals you meet
through the Service.
i.
You are opting-in to receive updates, subscriptions services, company news
emails and receive correspondence, including advertisements, from Posh Society
and its partners on occasion.
j.
You will promptly report to the Company any violation of the Terms of this
Agreement by other Registered Users.
k.
The Company reserves the right, but has no obligation, to monitor the materials
posted in the public areas of the Service. The Company shall have the right to
remove any such material that in its sole opinion violates, or is alleged to
violate, any applicable law or either the letter or spirit of this Agreement.
Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR
THE CONTENT YOU SUBMIT ON THE WEBSITE .
l.
Eligibility: Membership in the Service is void where prohibited. The Site
is intended solely for college students - users who are (18) years of age or
older. By using the Service or the Site, you represent and warrant that
you are 18 or older and in college, or else that you are 18 or older, and that
you agree to and abide by all of the terms and conditions of this
Agreement.
m.
Proprietary Rights: All the content on Posh Society and available through
the Service, except the content posted by Registered Users and described
throughout the Terms of Use, including designs, text, graphics, pictures video,
information, applications, software, music, sound and other files, and their
selection and arrangement (the “site Content”), are the proprietary property of
the Company, its users or its licensors with all rights reserved. No Site
Content may be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, without the Company’s prior written permission.
Provided that you are eligible for use of Posh Society, you are granted a
limited license to access and use the Site and the Site Content and to download
or print a copy of any portion of the Site Content to which you have properly
gained access solely for your personal, non-commercial use, provided that you
keep all copyright or other proprietary notices intact. Any use of the
Site or the Site Content other than as specifically authorized herein, without
the prior written permission of Company, is strictly prohibited and will
terminate the license granted herein. Such unauthorized use may also violate
applicable laws including copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein,
nothing in these Terms of Use shall be construed as conferring any license to
intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time without notice and with or without cause.
n.
User Conduct: you agree not to use the Service or the Site to:
-use the Service or the
Site in any unlawful manner or in any other manner that could damage, disable,
overburden or impair the Site;
-use automated scripts
to collect information from or otherwise interact with the Service or the Site;
-upload, post, transmit,
share, store, or otherwise make available any content that we deem to be
harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable;
-upload, post, transmit, share,
store or otherwise make available any videos other than those of a personal
nature that: (i) are of you or your friends, (ii) are taken by you or your
friends, or (iii) are original art or animation created by you or your friends;
-register
for more than one User account, register for a User account on behalf of an
individual other than yourself, or register for a User account on behalf of any
group or entity;
-impersonate
any person or entity, or falsely state or otherwise misrepresent yourself, your
age or your affiliation with any person or entity;
-upload,
post, transmit, share or otherwise make available any unsolicited or
unauthorized advertising, solicitations, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
-upload,
post, transmit, share, store or otherwise make publicly available on the Site
any private information of any third party, including, addresses, phone
numbers, email addresses, Social Security numbers and credit card numbers;
-solicit
personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
-upload,
post, transmit, share or otherwise make available any material that 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;
-intimidate or harass another;
-upload, post, transmit, share,
store or otherwise make available content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state, national
or international law;
-use or attempt to use
another's account, service or system without authorization from the Company, or
create a false identity on the Service or the Site.
-upload, post, transmit,
share, store or otherwise make available content that, in the sole judgment of
Company, is objectionable or which restricts or inhibits any other person from
using or enjoying the Site, or which may expose Company or its users to any
harm or liability of any type.
2.
Online Content.
Opinions, advice, statements, offers, or other information or content made
available through the Service, but not directly by the Company, are those of
their respective authors, and should not necessarily be relied upon. Such
authors are solely responsible for such content. THE COMPANY DOES NOT: (i)
GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE,
AND (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR
RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN
THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT
POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS. You
represent, warrant and agree that no materials of any kind submitted through
your account or otherwise posted, transmitted, or shared by you on or through
the Service will violate or infringe upon the rights of any third party,
including copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise unlawful
material.
a. Share link to Online Content Providers Subject to the terms and conditions of these Terms of Use,
Third Party Sites that meet the requirements set forth below may place a Share
Link (as described below), in the form approved by Company, on pages of their
web sites to facilitate use of the Share Service. A Third Party Site that posts
a Share Link on its web site is referred to herein as an "Online Content
Provider" and shall abide and be subject to the applicable sections of
these Terms of Use. A "Share Link" is a button and/or a text link
appearing on an Online Content Provider's web page that, upon being clicked by
a user, enables us to launch a sharing mechanism through which users can share
with others or post to their own member profile, links and content from that
page. In the event that the Share Link is a button that contains any icons or
other graphic images, trademarks or other proprietary materials of the Company,
Online Content Provider is granted permission to use such images, trademarks or
other materials solely for the purpose of placing the Share Link on Online
Content Provider's site and solely in the current form provided by the Company.
In the event that the Share Link is a text link, it must include the words
"Posh Society" as part of the link. The rights granted in this
paragraph may be revoked by Company at any time with or without cause in its
sole discretion, and upon such termination, Online Content Provider agrees to
immediately remove all Share Links from its site. In order for an Online
Content Provider to include a Share Link on its pages, the Third Party Site
must not contain any web content that if shared or posted by a user would be a
violation of the user conduct rules set forth above. Without limiting the
forgoing, Online Content Provider agrees not to post a Share Link on any web
site that contains, and represents and warrants that such web site does not and
will not contain, any content that is infringing, harmful, threatening,
unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd,
fraudulent, or invasive of privacy or publicity rights or that may expose
Company or its users to any harm or liability of any type. Upon including of a
Share Link, Online Content Provider agrees to defend, indemnify and hold the
Company, its subsidiaries and affiliates, and each of their directors,
officers, agents, contractors, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or in connection with such
Share Link, any links, content or other items or materials which may be shared
or posted through such Share Link, or any breach or alleged breach of the
foregoing representations and warranties. By including a Share Link, Online
Content Provider automatically grants, and represents and warrants that it has
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use the Share Service in order to link to, use, copy, publish, stream, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part),
summarize, and distribute the content, links and other materials of any kind
residing on any web pages on which Online Content Provider places the Share
Link.
3.
User Content submitted on the Website.
-You are solely responsible for the photos, Naked You Page (including your
name, image, ad information) comments, hookup tree information, blindates,
videos, music, advertisements, listings, that you submit. You may not
submit, transmit, or share User Content on the Website or Service that you did
not create or that you do not have permission to post. You understand and agree
that the Company may, but is not obligated to, review the Site and may delete
or remove (without notice) any Site Content or User Content in its sole
discretion, for any reason or no reason, including User Content that in the
sole judgment of the Company violates this Agreement, or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of users or others. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any User Content you post or
store on the Site or provide to the Company. When you submit User Content to
the Site, you authorize and direct us to make such copies thereof as we deem
necessary in order to facilitate the posting and storage of the User Content on
the Site. By posting User Content to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to grant, to the
Company an irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license (with the right to sublicense) to use, copy, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part)
and distribute such User Content for any purpose, commercial, advertising, or
otherwise, on or in connection with the Site or the promotion thereof, to
prepare derivative works of, or incorporate into other works, such User
Content, and to grant and authorize sublicenses of the foregoing.
a NAKED YOU PAGES: POSH SOCIETY DOES NOT PRE-SCREEN
OR APPROVE NAKED YOU PAGES, AND CANNOT GUARANTEE THAT A NAKED YOU PAGE WAS
ACTUALLY CREATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A NAKED YOU
PAGE. NOR IS POSH SOCIETY RESPONSIBLE FOR THE CONTENT OF ANY POSH SOCIETY PAGE,
OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION
WITH ANY POSH SOCIETY PAGE. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL
INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A NAKED YOU
PAGE.
4. Terms of Sale: By ordering products or services from Company through the
Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale
are subject to change without prior notice at any time, in Company's sole
discretion so you should review the Terms of Sale each time you make a
purchase.
To
make a purchase on Posh Society, you must be a registered Posh Society User and
comply with these Terms of Sale (including the Terms of Use). You acknowledge
that you are responsible for maintaining the security of, and restricting
access to, your account and password, and you agree to accept responsibility
for all purchases and other activities that occur under your account. Posh
Society sells its products only to those users who can legally make purchases
with a credit card. Posh Society reserves the right to refuse or cancel
orders or terminate accounts, at any time in its sole discretion.
We
accept Visa, MasterCard, American Express, Discover and Diner's Club credit
cards and certain debit cards, as forms of payment. By submitting an order
through Posh Society, you authorize the Company, or its designated payment
processor, to charge the account you specify for the purchase amount. All
payments are to be made in United States Dollars.
Company's
virtual purchasing main photo service allows you to select/upload an image and
submit this to be the main picture of that particular Naked You page.
That main photo will be used throughout the website to identify
that particular user. The length of time the Virtual purchase will remain
posted on the recipient's Naked You Page until another user or you decide to
replace the picture. The picture that you paid for will be placed with
all the other photos. The images and other content included as part of the
Virtual photo purchases is part of the Site Content and is subject to all terms
and conditions regarding such Site Content as are set forth in the Terms of
Use. Without limiting any of the foregoing, the Virtual photo purchase service
is a service (notwithstanding any use of the terms "purchase,"
"buy," "sell," "order" or the like on the Site or
in these Terms of Sale),and neither you nor your recipient obtains or retains
any rights or ownership interest of any kind in or to any Virtual picture you
purchase through the Virtual photo service, and neither you nor the recipient
may reproduce, distribute, transfer, modify or otherwise use the Virtual photo
service in any manner other than as expressly authorized by Company. All use of
the Virtual photo service is for your personal, non-commercial use only.
If the photo is deemed harmful by the Company, it will be removed. Users
may report the picture for review by the Company.
5.
Limited License/ Copyright and Intellectual Property Law Restrictions. Except for public domain material, this site is
protected by intellectual property laws, including U.S. copyright laws. You are
hereby granted a non-exclusive license to use the material at this site
("Content") while connected to this site (including, where available,
to comment and view individual stories of friends directly from this site).
Among other things, except to the extent required for the limited purpose of
reviewing material on our site, electronic reproduction, adaptation,
distribution, performance or display is prohibited. Changes to or deletion of
author attribution or copyright notices are prohibited. Commercial use of any
of the Content is strictly prohibited. Use of any of our trademarks as metatags
on other web sites also is strictly prohibited. You may not display this
website in frames (or any of the Content via in-line links) without our express
written permission, which may be requested by contacting us through our feedback
form. You may, however, establish ordinary links to our site without our
written permission.
a.
License by Registered User. By posting information or content to any public area of the Service,
you automatically grant, and you represent and warrant that you have the right
to grant, to the Company and other Registered Users an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, publicly perform,
publicly display and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and to
grant and authorize sub-licenses of the foregoing.
b.
Copyright Complaints We respect the intellectual property
rights of others and we prohibit users from uploading, posting or otherwise
transmitting on the Posh Society Website or service any materials that violate
another party's intellectual property rights. When we receive proper
Notification of Alleged Copyright Infringement, we promptly remove or disable
access to the allegedly infringing material and terminate the accounts of
repeat infringers as described herein in accordance with the Digital Millennium
Copyright Act. If you believe that any material on the Site infringes upon any
copyright which you own or control, you may send a written notification of such
infringement to our Designated Agent. Please send an email to terms@poshsociety.com to report
infringement of your copyright. In
accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Company has adopted a policy of terminating, in appropriate
circumstances and at Company's sole discretion, members who are deemed to be
repeat infringers. Company may also at its sole discretion limit access to the
Site and/or terminate the memberships of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
6.
Links. We may
provide links from our site to other sites as a convenience to our visitors. We
have no control over linked sites and make no representations about any content
or material available at these locations. Links are not intended to imply
sponsorship, affiliation or endorsement.
7.
Discussion Boards and other self-publishing third party products. Although we do not have any
obligation to monitor these services, or this self-published content, we
reserve the right at all times to remove any information or materials that are
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, indecent or otherwise objectionable to us in our sole
discretion and to disclose any information necessary to satisfy the law,
regulation, or government request. We also reserve the right to permanently
block any user who violates these terms and conditions.
8.
DISCLAIMER. YOU
EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO
WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR
FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS
SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT
VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES.
a. The
Company is not responsible or liable in any manner for any User Content or
Third Party Applications, Software or Content posted on the Site or in
connection with the Service, whether posted or caused by users of the Site, by
Posh Society, by third parties or by any of the equipment or programming
associated with or utilized in the Site or the Service. Although we provide
rules for user conduct and postings, we do not control and are not responsible
for what users post, transmit or share on the Site and are not responsible for
any offensive, inappropriate, obscene, unlawful or otherwise objectionable
content you may encounter on the Site or in connection with any User Content or
Third Party Applications, Software or Content. The Company is not responsible
for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, User communications. The Company is not responsible for any
technical malfunction or other problems of any telephone network or service,
computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email or players on account of technical problems or
traffic congestion on the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other person's computer, mobile
phone, or other hardware or software, related to or resulting from using or downloading
materials in connection with the Web and/or in connection with the Service,
including any Mobile Client software. Under no circumstances will the Company
be responsible for any loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from anyone's use of the Site or
the Service, any User Content or Third Party Applications, Software or Content
posted on or through the Site or the Service or transmitted to Users, or any
interactions between users of the Site, whether online or offline. THE COMPANY
CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE
AND/OR THE SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU
SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software
and other items used or contained in the Site and any Services offered through
the Site at any time without notice. Reference to any products, services,
processes or other information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof, or any affiliation therewith, by Company.
9. Limitation on Liability
IN
NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA
ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR
ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED
FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO
CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF
NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE
RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO
DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. Indemnity You
agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney's fees, arising out of or in
connection with any User Content, any Third Party Applications, Software or
Content you post or share on or through the Site (including through the Share
Service), your use of the Service or the Site, your conduct in connection with
the Service or the Site or with other users of the Service or the Site, or any
violation of this Agreement or of any law or the rights of any third party.
11.
Modifications/ Termination. The terms of this Agreement will not be modified on an individual
basis. You agree that we may modify the terms of this Agreement (or discontinue
this site) in our sole discretion, without advance notice, and that your right
to access this site is conditioned on an ongoing basis with your compliance
with the then-current version of these Terms and Conditions. You should
therefore visit this page frequently.
12.
User Disputes: You
are solely responsible for your interactions on Posh Society. We reserve
the right, but have no obligation, to monitor disputes between you and other
users.
13.
Jurisdiction. This
Web site is hosted on servers located in the United States and is intended to
be viewed by residents of the United States. In the event of any dispute arising
out of or relating to this site, you agree that the exclusive venue for
litigating disputes shall be in state or federal court in New York.
14. Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.