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https://poshmark.com/terms
Submission: On March 02 via api (March 2nd 2022, 9:55:38 pm UTC) from US — Scanned from DE

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2 forms found in the DOM

GET /search

<form id="searchForm" action="/search" method="get" class="search-form">
  <div class="search-box-con">
    <div class="search-options">
      <div aria-haspopup="true" class="ps--r search-toggle">
        <div><span class="d--ib">listings</span>
          <div class="dropdown__selector dropdown__selector--caret dropdown__selector--caret--small"></div>
        </div>
        <div class="search-options-dropdown hide"><span data-search-type-name="listings" class="selection">listings</span><span data-search-type-name="people" class="">people</span></div>
      </div>
    </div>
    <div aria-haspopup="true" tabindex="0" class="dropdown search-auto-suggest">
      <div class="">
        <div class="dropdown__selector type-ahead__input"><input id="searchInput" placeholder="Search Listings" data-et-prop-content_type="listings" aria-label="Search" autocomplete="off" autocorrect="off" spellcheck="false" name="query"
            type="search" data-et-name="search_bar" value="" class="search-entry"></div>
      </div>
      <div><!----></div>
    </div><button data-et-prop-content_type="listings" type="submit" data-et-name="search_icon" class="search-icon"><i class="icon search-white"></i></button>
  </div><input id="searchType" type="hidden" name="type" value="listings"><input id="src" type="hidden" name="src" value="dir">
</form>

<form class="hide"><input id="cache-content-page-module" type="text"><input id="cache-content-sharable-states" type="text"></form>

Text Content

listings

listingspeople

POSH MARKETS

All
* All
* Women
* Men
* Kids
* Home
* Electronics
* Pets
* Luxury
* Beauty & Wellness
* Plus Size
* Boutiques
* Wholesale

* Women
* Men
* Kids
* Home
* Electronics
* Pets
* Beauty & Wellness
* Brands
* Parties

* How it works
* Sell on Poshmark

* ACCESSORIES

* Belts
* Face Masks
* Glasses
* Gloves & Mittens
* Hair Accessories
* Hats
* Hosiery & Socks
* Key & Card Holders
* Phone Cases
* Scarves & Wraps
* Sunglasses
* Watches
* Shop All Women's Accessories

* BAGS

* Baby Bags
* Backpacks
* Clutches & Wristlets
* Cosmetic Bags & Cases
* Crossbody Bags
* Hobos
* Laptop Bags
* Satchels
* Shoulder Bags
* Totes
* Wallets
* Shop All Women's Bags

* CLOTHING

* Dresses
* Intimates & Sleepwear
* Jackets & Coats
* Jeans
* Pants & Jumpsuits
* Shorts
* Skirts
* Sweaters
* Swim
* Tops
* Shop All Women's Clothing

* JEWELRY

* Bracelets
* Brooches
* Earrings
* Necklaces
* Rings
* Shop All Jewelry

* MAKEUP

* Blush
* Bronzer & Contour
* Brushes & Tools
* Concealer
* Eyeliner
* Eyeshadow
* Setting Powder & Spray
* Foundation
* Lip Balm & Gloss
* Lipstick
* Mascara
* Shop All Makeup

* SHOES

* Ankle Boots & Booties
* Athletic Shoes
* Espadrilles
* Flats & Loafers
* Heels
* Over the Knee Boots
* Platforms
* Sandals
* Sneakers
* Wedges
* Winter & Rain Boots
* Shop All Women's Shoes

* TRENDING STYLES

* Oakley Half Jacket Sunglasses
* Cargo Skirts
* Bottega Veneta Padded Handbags
* Danielle Guizio Pants
* Christopher Esber Clothing
* Dr. Barbara Sturm Skincare
* With Jean Andy Dresses
* Terry Cloth Bags
* Padded Shoulder Sweaters
* Shop All Trends

* ACCESSORIES

* Belts
* Cuff Links
* Face Masks
* Hats
* Jewelry
* Key & Card Holders
* Money Clips
* Phone Cases
* Scarves
* Sunglasses
* Ties
* Watches
* Shop All Men's Accessories

* BAGS

* Backpacks
* Briefcases
* Duffel Bags
* Laptop Bags
* Luggage & Travel Bags
* Messenger Bags
* Wallets
* Shop All Men's Bags

* CLOTHING

* Jackets & Coats
* Jeans
* Pants
* Shirts
* Shorts
* Suits & Blazers
* Sweaters
* Swim
* Underwear & Socks
* Shop All Men's Clothing

* SHOES

* Athletic Shoes
* Boat Shoes
* Boots
* Chukka Boots
* Loafers & Slip-Ons
* Oxfords & Derbys
* Rain & Snow Boots
* Sandals & Flip-Flops
* Sneakers
* Shop All Men's Shoes

* TRENDING STYLES

* Studded Denim Jeans
* Studded Leather Jackets
* Orange Checkered Shorts
* Sterling Silver Bracelets
* Crossbody Sling Bags
* Dr. Martens 1461 Shoes
* Paisley Shorts
* Floral Shorts
* Nike Air Force 1 Black Sneakers
* Shop All Trends

* ACCESSORIES

* Bags
* Belts
* Bibs
* Diaper Covers
* Face Masks
* Hair Accessories
* Hats
* Jewelry
* Mittens
* Socks & Tights
* Sunglasses
* Ties
* Shop All Kids' Accessories

* CLOTHING

* Accessories
* Bottoms
* Costumes
* Dresses
* Jackets & Coats
* Matching Sets
* One Pieces
* Pajamas
* Shirts & Tops
* Swim
* Shop All Kids' Clothing

* SHOES

* Baby & Walker
* Boots
* Dress Shoes
* Moccasins
* Rain & Snow Boots
* Sandals & Flip-Flops
* Slippers
* Sneakers
* Water Shoes
* Shop All Kids' Shoes

* TOYS

* Action Figures & Playsets
* Building Sets & Blocks
* Cars & Vehicles
* Dolls & Accessories
* Learning Toys
* Puzzles & Games
* Stuffed Animals
* Trading Cards
* Shop All Kids' Toys

* TRENDING STYLES

* Knit Sweater Vests
* Long Wool Scarves
* Low Top Suede Shoes
* Suit Vests
* Low Top Sneakers
* Wedge Sock Boots
* White Low Top Sneakers
* Cropped Sweater Vests
* Beige Low Top Sneakers
* Shop All Trends

* ACCENTS

* Accent Pillows
* Baskets & Bins
* Candles & Holders
* Coffee Table Books
* Curtains & Drapes
* Decor
* Door Mats
* Faux Florals
* Furniture Covers
* Lanterns
* Picture Frames
* Vases
* Shop All Home Accents

* BATH

* Bath Accessories
* Bath Storage
* Bath Towels
* Beach Towels
* Hand Towels
* Mats
* Shower Curtains
* Vanity Mirrors
* Vanity Trays
* Wash Cloths
* Shop All Home Bath

* BEDDING

* Blankets & Throws
* Comforters
* Duvet Covers
* Mattress Covers
* Pillows
* Quilts
* Sheets
* Shop All Home Bedding

* DINING

* Bar Accessories
* Dinnerware
* Drinkware
* Flatware
* Serveware
* Serving Utensils
* Table Linens
* Shop All Home Dining

* HOLIDAY

* Garland
* Holiday Blankets & Throws
* Holiday Decor
* Holiday Pillows
* Ornaments
* String Lights
* Wreaths
* Shop All Home Holiday

* KITCHEN

* Bakeware
* Coffee & Tea Accessories
* Cookbooks
* Cooking Utensils
* Cookware
* Food Storage
* Kitchen Linens
* Kitchen Tools
* Knives & Cutlery
* Shop All Home Kitchen

* OFFICE

* Arts & Crafts
* Binders & Folders
* Calendars
* Labels & Label Makers
* Notebooks & Journals
* Pencil Cases
* Planners
* Shipping Supplies
* Stationery
* Shop All Home Office

* PARTY SUPPLIES

* Cake Candles
* Cake Toppers
* Cards & Invitations
* Decorations
* Favors
* Gift Wrap
* Hats
* Party Lights
* Disposable Tableware
* Shop All Home Party Supplies

* STORAGE & ORGANIZATION

* Closet Accessories
* Drawer Liners
* Garment Bags
* Jewelry Organizers
* Makeup Organizers
* Storage
* Shop All Home Storage & Organization

* WALL DECOR

* Art & Decals
* Clocks
* Display Shelves
* Hooks
* Mirrors
* Tapestries
* Wallpaper
* Shop All Home Wall Decor

* TRENDING STYLES

* Holiday Stockings
* Vinyl Records
* Shaped Ice Cube Trays
* Board Games
* Beds & Bedding
* Essential Oil Diffusers
* Vintage Ashtrays
* Coasters
* Cozy Throws
* Shop All Trends

* CAMERAS, PHOTO & VIDEO

* Digital Cameras
* Bags & Cases
* Binoculars & Scopes
* Film Photography
* Flashes
* Lenses
* Memory Cards
* Simulated Cameras
* Tripods & Monopods
* Underwater Photography
* Video
* Shop All Electronics Cameras, Photo & Video

* CELL PHONES & ACCESSORIES

* Cell Phones
* Holsters & Clips
* Headsets
* Screen Protectors
* Cases
* Covers
* Skins & Bumpers
* Chargers
* Adapters
* Cables
* Shop All Electronics Cell Phones & Accessories

* COMPUTERS, LAPTOPS & PARTS

* Laptops
* Cables & Interconnects
* Webcams
* Computer Cable Adapters
* Computer Headsets
* Computer Microphones
* Single Board Computers
* Graphics Cards
* Keyboards
* Memory Card Readers
* Mice
* Shop All Electronics Computers, Laptops & Parts

* TABLETS & ACCESSORIES

* Tablets
* eBook Readers
* Cases
* Chargers
* Covers
* Power Adapters
* Power Cables
* Tablet Keyboards
* Screen Protectors
* Skins
* Sleeves
* Shop All Electronics Tablets & Accessories

* VIDEO GAMES & CONSOLES

* Consoles
* Handheld Consoles
* Batteries & Chargers
* Cables
* Controllers
* Headsets
* Gaming Guides
* Keyboards
* Digital Games
* PC Games
* Video Games
* Shop All Electronics Video Games & Consoles

* VR, AR & ACCESSORIES

* PC & Console VR Headsets
* Smartphone VR Headsets
* Standalone VR Headsets
* Cases, Covers & Skins
* Controllers & Sensors
* Parts
* Shop All Electronics VR, AR & Accessories

* WEARABLES

* Smartwatches
* Body Mounted Cameras
* Clips, Arm & Wristbands
* Glasses
* Rings
* Smartwatch Cases
* Wearables Chargers
* Shop All Electronics Wearables

* BIRD

* Cages & Covers
* Feeders & Waterers
* Perches & Swings
* Toys
* Shop All Pets Bird

* CAT

* Beds
* Bowls & Feeders
* Carriers & Travel
* Clothing & Accessories
* Collars, Leashes & Harnesses
* Grooming
* Scratchers
* Toys
* Shop All Pets Cat

* DOG

* Bedding & Blankets
* Bowls & Feeders
* Carriers & Travel
* Clothing & Accessories
* Collars, Leashes & Harnesses
* Grooming
* Housebreaking
* Toys
* Shop All Pets Dog

* FISH

* Aquarium Kits
* Cleaning & Maintenance
* Decor & Accessories
* Shop All Pets Fish

* REPTILE

* Cleaning & Maintenance
* Habitats
* Habitat Accessories
* Heating & Lights
* Shop All Pets Reptile

* SMALL PETS

* Bedding
* Bowls & Feeders
* Cages & Habitats
* Carriers
* Grooming
* Habitat Accessories
* Toys
* Shop All Pets Small Pets

* WOMEN

* Bath & Body
* Hair
* Skincare
* Makeup
* Shop All Women's Beauty & Wellness

* MEN

* Grooming
* Shop All Men's Grooming

* KIDS

* Bath, Skin & Hair
* Shop All Kids' Bath, Skin & Hair

* TRENDING STYLES

* Uoma Beauty Makeup
* New Makeup
* Lancome Makeup
* Charlotte Tilbury Pillow Talk Makeup
* Bareminerals Makeup
* Kat Von D Makeup
* Nars Makeup
* New Kate Spade Makeup Bags
* Makeup Brushes & Tools
* Shop All Trends

* WOMEN'S BRANDS

* lululemon athletica
* Coach
* Michael Kors
* Louis Vuitton
* Nike
* Tory Burch
* kate spade
* CHANEL
* Free People
* J. Crew
* Shop All Women's Brands

* MEN'S BRANDS

* Nike
* Gucci
* The North Face
* Banana Republic
* Levi's
* adidas
* True Religion
* J. Crew
* Jordan
* Polo by Ralph Lauren
* Shop All Men's Brands

* KID'S BRANDS

* Gap
* Carter's
* Nike
* Children's Place
* Gymboree
* OshKosh B'gosh
* Converse
* Ralph Lauren
* Justice
* Old Navy
* Shop All Kids' Brands

* HOME BRANDS

* Crate&Barrel
* IKEA
* Jonathan Adler
* Paper Source
* Pier 1
* Pottery Barn
* Restoration Hardware
* Sur La Table
* Target
* The Container Store
* West Elm
* Williams Sonoma
* Z Gallerie
* Shop All Home Brands

* ELECTRONICS BRANDS

* Apple
* Sony
* Microsoft
* Fujifilm
* google
* Samsung
* Dell
* HP
* Nikon
* Canon
* Shop All Electronics Brands

Last Revised 8/19/2021

Prior Version here

1. Introduction

Welcome! You are entering into this Agreement with Poshmark, Inc., if you reside
in Canada, Poshmark Canada, Inc., if you reside in Australia, Poshmark PTY LTD,
or if you reside in India, Poshmark India Marketplace Online Limited (as
applicable “Poshmark”, “We”, “Our”, or “Us”). When You (individually, or the
entity that You represent, each a “User”) access Our Services, You are agreeing
to the Terms of Service (the “Agreement”) below. By accessing the Services, You
agree to be bound by this Agreement, and any additional terms referenced herein,
including Our Privacy Policy which sets out the terms in which We process any
Personal Data collected from You, or provided to Us. If You do not agree to this
Agreement, or any additional terms referenced herein, You must not access the
Service. In agreeing, You also represent that You have the authority to bind
Yourself and/or the company You represent. Capitalized terms are as defined
throughout this Agreement. As we may modify any terms herein at any time You
should periodically visit this page to review all current terms.

Please read these terms carefully as they contain, to the extent legally
allowable in your jurisdiction, an agreement to arbitrate as well as other
important legal rights, remedies, and information.

2. Services

This Agreement applies to all Poshmark services, including the Poshmark mobile
app (on any and all formats or devices), and the websites located at
https://www.poshmark.com, https://www.poshmark.ca, https://www.poshmark.com.au,
and https://www.poshmark.in (collectively, the “Service(s)”). The Service
provides an online social marketplace where Users can list and sell items
(“Items”). Users who purchase Items are called “Buyers”, and Users who sell
Items are called “Sellers”. Users may be both Buyers and Sellers on the Service.
In using the Service Buyers and Sellers enter into a contract for the sale and
purchase of Items directly between themselves, and Poshmark is not a party to
such sale or purchase.

There are risks that you assume when dealing with others, and these risks are
borne by You alone, and not Poshmark. You are solely responsible for your
evaluation of, and decision to use, the Service, Buy, Sell, or transact any
business or communications on the Service, and will be liable for all of Your
actions on the Service.

3. Registration

You are responsible for Your use of the Service, and any use of the Service made
using Your account. The personal information You provide to us is governed by
the Privacy Policy. You acknowledge Poshmark may establish policies and
practices concerning use of the Service, including policies that may delete or
remove content or data, terminate inactive accounts, and any other policies and
practices in Poshmark’s business interest. You further acknowledge that Poshmark
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice. The Service is not available to
minors (people under the age of majority in their state or province of
residence), except in the limited circumstances outlined in our Privacy Policy.
If You are under the age of 16, please see our Privacy Policy. The service is
not available to temporarily or permanently suspended members of the Service.
Poshmark reserves the right to refuse access to the Service, or terminate the
account of any User, at its sole discretion and for any reason or no reason at
all. You are responsible for maintaining the confidentiality of your password
and account and will be fully responsible for any and all activities that occur
under your account. You agree to immediately notify Us of any unauthorized use
of Your account or any other breach of account security. Poshmark will not be
liable for any loss or damage arising from your failure to comply with this
Section.

4. Third Party Services

Poshmark may provide to You, or provide Your Content to, certain third party
services or third party service providers (collectively, "Third Party
Service(s)") which may also provide to You links to sites, email and telephone
correspondence and other offers outside of the Poshmark network. Such Third
Party Services are provided "AS IS" without indemnification, support, or
warranty of any kind, and this Agreement does not apply to Your use of any such
provided Third Party Services. You are responsible for evaluating whether You
want to access or use such Third Party Services, and, in certain circumstances
where required or applicable, may opt-out from such Third Party Services
available outside of the Poshmark network, or may choose to not utilize such
Third Party Services at any time. We reserve the right to suspend Third Party
Services at any time. You should review any applicable terms and/or privacy
policies of a Third Party Service before using it or sharing any information
with it, because You may give the operator permission to use Your information
outside of what You have agreed to herein. Poshmark is not responsible for, nor
endorses any features, content, advertising, products or other materials on or
available from such Third Party Services.

5. Third Party Material

Poshmark will not be liable in any way for (1) any items or content on the
Service posted by third parties, other users, or at the direction of users (all,
“Third Party Materials”), or (2) any errors, omissions, loss, or damage of any
kind as a result of such Third Party Materials on the Service; and you
acknowledge that Poshmark does not, and is under no obligation, to review,
screen, or inspect any Third Party Materials on the Service, although Poshmark
reserves the right to do so, and remove Third Party Materials at Our sole
discretion. You agree that you bear all risk associated with the use, reliance,
condition, accuracy, completeness, or usefulness of Third Party Materials.

6. Referrals and Credits

Poshmark may offer credits to existing users, for any reason, at the sole
discretion of Poshmark, including, but not limited to, users who refer new users
to the Service (who have not previously used the Service) using the invite code
provided by Poshmark to those existing users and may also make certain credits
available to the new users who are referred by an existing user. The
requirements to earn, the number of, and value of, these credits (if any) will
be determined by Poshmark. Poshmark Credits or Posh Credits are not redeemable
for cash or cash equivalents, and are non-transferrable or applicable to prior
purchases and cannot be sold, made available to the general public, or acquired
via public distribution. Suspended accounts are prohibited from using Posh
Credits during suspension. Other restrictions may apply. We may cancel credits
at any time, upon thirty (30) day notice to You. Poshmark may modify, update, or
terminate this program without notice, and Poshmark reserves the right to enact
any rules and regulations with respect to the program, including earning and use
limits, as well as invalidation or expiration of credits. You may apply credits
subject to the terms in which we grant the credit. Credits may expire prior to
your use, cancelled at any time, or the terms of use modified, at no liability
to, and under the sole discretion of Poshmark.

7. Your Responsibilities

You are solely responsible for all information, descriptions, pictures,
listings, data, text, music, videos, media, comments, or any other materials
(“Content”) that you upload, post, publish, transmit, or display (“Post”) via
the Service. The following are examples of Content, Postings, or Use of the
Service that is illegal or prohibited by Poshmark. Poshmark may investigate,
take legal action, or perform any other action it deems necessary or warranted
in managing the Service, Your Content, Posting, or Use, without limitation,
including preservation of such information for investigative purposes.

You agree to not use the service to (1) provide any Content, Postings, or
otherwise that are unlawful, harmful, violent illegal, infringing on third party
rights, objectionable, pornographic, libelous, invasive, encouraging money
laundering, gambling or any other unlawful or unwarranted behavior. (2) violate
any law, rule, or regulation, including any anti-spam, data privacy, or other
restriction that may be applicable to Your use of the Service (3) create any
derivative works or reviser engineer any part of the Service, or put
unreasonable load on the Service infrastructure or disrupts the networks
connected to the Service (4) promote any illegal activity or enterprise (5)
stalk, harass, bully, impersonate or solicit information from anyone, especially
those that are under the age of 18 (6) copy, scrape, harvest or use automated
systems to collect contact information from the Service for use outside of those
intended by this Terms of Service (7) to sell or transmit anything you don’t
have a right to sell or transmit under law or existing relationship (8) pose a
privacy or security risk (9) infringe on anyone’s intellectual property (10)
spam any users with email, junk mail, fraud, schemes, or the like (11) transmit
or upload viruses, worms, or interfere with the Service, or (12) take any action
or inaction which Poshmark, in its sole judgement, believes is questionable or
could cause harm or liability.

8. Your Content

As Users of Our Services, all information, including items, messages, offers,
purchases, sales, etc. that You post, transmit, or submit through Our Services
(“Content”) is intended to be shared with other Users. By submitting any Content
to us, You hereby represent and warrant that You own all rights to the Content
or, alternatively, that You have the right to give us the license described
below, including the correct and legal permissions and consents for any
personally identifiable information you may provide to, or upload by way of, the
Poshmark Service(s). By posting or otherwise transmitting any User Content you
hereby grant and will grant to Poshmark and its affiliated companies a
nonexclusive, worldwide, royalty free, fully paid up, transferable,
sublicenseable, perpetual, irrevocable license to copy, display, transmit,
perform, distribute, store, modify, make derivative works of and otherwise use
in any manner your User Content in connection with the operation of the Service
or any other products or services of Poshmark, or the promotion, advertising or
marketing thereof, in any form, medium or technology now known or later
developed (including without limitation publishing your User Content on the
Internet or on Third Party Services such as Facebook, sharing it with blogs,
etc., and allowing other users to share listings that include your User
Content). You further represent and warrant that the Content does not infringe
on the intellectual property rights, privacy rights, publicity rights, or other
legal rights of any third party. We are not under any obligation to review any
Content posted by Our Users on Our Services, although We reserve the right to do
so with or without notice, to prevent or rectify any alleged violations of this
Agreement or any applicable law. We reserve all defenses made available to us by
the Communications Decency Act and any other applicable laws, rules, or
regulations. We may refuse to accept or display the Content, and may remove or
delete all or any portion of the Content at any time. You understand that
Poshmark is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such Content, and that such
Content is not the responsibility of Poshmark. You further understand and
acknowledge that You may be exposed to Content that is inaccurate, offensive,
indecent, or objectionable, and You agree to waive, and hereby do waive, any
legal or equitable rights or remedies You have or may have against the Poshmark
Parties with respect thereto. Any and all Content You upload is not considered
confidential by Poshmark, will be treated as public information, and You agree
and understand is intended to be shared with other users of our Services as well
as third parties, all in Poshmark’s sole discretion, and Poshmark has no control
or liability over what other users do with your Content. You understand and
agree that Poshmark will not be liable for any treatment of your Content as
confidential and waive all rights with respect to any such claims of
confidentiality. You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information about the Site or the Service
(“Submissions”), provided by you to Poshmark are non-confidential and Poshmark
shall be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or compensation
to you. If you do not agree that your Content will be considered public and will
not be considered confidential, you must not use the Service.

9. Intellectual Property Rights

You acknowledge the Service contains images and descriptions that are third
party content (“Service Content”) that is protected by copyright, patent,
trademark, trade secret, or other proprietary rights and laws. Poshmark retains
all rights to Our intellectual property. You agree you will not copy, modify,
scrape, distribute, create derivative works, or the like, or do or perform any
other action with the Service Content or Poshmarks intellectual property that
you are exposed to through our Service not explicitly authorized by this
Agreement. Any use of the Service or the Service Content other than as
specifically authorized herein is strictly prohibited. All goodwill generated
from the use of Poshmark Trademarks will inure to our exclusive benefit. Any
rights not expressly granted herein are reserved by Poshmark. Other company,
product, and service names and logos used and displayed via the Service may be
trademarks or service marks of their respective owners who may or may not
endorse or be affiliated with or connected to Poshmark.

10. Infringement Policy

Poshmark respects the intellectual property of others and ask that our Users do
the same. Although Poshmark is under no obligation to do so, it will make all
reasonable efforts to investigate notices of alleged infringement or violations
of intellectual property laws and take actions regarding such infringement where
applicable. If you believe your work has been copied in a way that constitutes
infringement or your intellectual property rights have been violated, please
provide our Copyright Agent with the following information: (1) confirmation you
are owner, or authorized to represent owner of the intellectual property (2)
description of your work (3) description of the infringing work, and (4) a
statement that you believe use of the work is not authorized. If you work is
removed due to infringement and You believe it is not infringing, please provide
our Copyright Agent with (a) confirmation you are owner, or authorized to
represent owner of intellectual property (b) identification of removed content
and description, (c) statement of good faith regarding ownership of the
intellectual property, (d) your contact information and a consent to submitting
to federal courts located in the Northern District of California and a statement
to accept service of process regarding the alleged infringement. Poshmark will
endeavor to resolve counter-notices in 10 to 14 business days, and will provide
the original complaining party an opportunity to seek a court order against the
counter-claiming party, and in the event no order is sought, may allow the
original content to be reposted. Please contact our Copyright Agent at
support@poshmark.com (Subject line: Takedown Request), or through mail:

Poshmark, Inc. Attn: Copyright Agent 203 Redwood Shores Pkwy, 8th Floor Redwood
City, CA 94065

11. Purchase and Sale Transactions

1. Risks, No Warranty. You assume certain risks in using a marketplace service
such as Poshmark. Poshmark is not involved with, nor provides a warranty
for, any transaction between Buyer and Seller, nor has title to any Items,
and is not the Buyer or Seller in any transaction. You as a Buyer and/or
Seller assume, agreement, and understand You bear all of the risks in
selling or purchasing of items on the Service.
2. Fees. Registering for the Service is free, however, Poshmark charges
certain fees for various transactions through Your use of the Service as
set forth in the Fee Policy. All amounts are quoted in US dollars unless
otherwise stated.
3. Prohibited items.

Poshmark prohibits the listing or sale of any Item that is illegal to sell
under any applicable law, statute, ordinance, or regulation, including,
without limitation, Items listed in our Prohibited Items Policy. Poshmark
prohibits the listing or sale of counterfeit items. Please refer to our
Posh Authenticate policy for further information.

4. Sellers. You agree that You have all rights necessary to sell the Items you
make available, and will describe such Items truthfully, accurately, and
completely.
5. Buyers. You are solely responsible for reading and reviewing the Item
listening before making an offer or purchasing. The contract to purchase is
between You and the Seller, not Poshmark.
6. Purchases. Buyers may offer to purchase Items from Sellers, and once
accepted, this is considered a purchase, and a binding contract. Upon
purchasing an Item, a Buyer is obligated to remit payment for the Item to
Poshmark including any shipping or additional fees listed. Poshmark is not
an auctioneer, nor is it a Seller or carrier. Service includes pricing,
listing, and shipping assistance, but Poshmark is not a Buyer or Seller of
Items. Poshmark may delay any Purchase for purposes of fraud detection or
to protect users from other illegal or wrongful activities. All Purchases
are final, with no returns, refunds, cancellations, or retractions allowed,
except where (a) Buyer cancels an order within three (3) hours of purchase,
or (b) the Purchase is cancelled where explicitly permitted by Poshmark or
where applicable, a Seller.
7. Shipping.

Poshmark will provide Seller with a prepaid shipping label to send the Item
to the Buyer (Poshmark reserves the right to discontinue providing Labels
to any or all users at any time and for any reason). Seller must then
deliver Item to Buyer. Seller must ship Item within three (3) days of
receipt of the label, if Seller does not ship the Item We will notify
Seller and provide a set amount of time for shipping before the order will
be cancelled. When using a label Seller must only use label to ship
applicable item, is fully responsible for contents of parcel, comply with
all terms and comply with all conditions of the shipping carrier. Title
transfers to Buyer upon shipment. If an Item is lost, damaged, late, or
arrives not as expected to Buyer, Buyer must report issue to Poshmark three
(3) days after delivery. Once Buyer confirms receipt and acceptance of
Item, either by affirmatively notifying Poshmark or failing to notify
Poshmark within three (3) days of delivery (as determined by tracking
information), Poshmark will credit Seller’s account with amount equal to
Purchase price, minus taxes, Poshmark’s commission, and any applicable fees
(the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller
through Poshmark’s permitted third party payment provider(s), or used by
the Seller to purchase items listed by other Sellers through the Service.

8. Taxes. Purchased items may be subject to applicable taxes in your
jurisdiction, which Poshmark will collect from Buyers on behalf of Sellers
where obligated to do so, and in the event taxes are collected and Poshmark
is legally obligated to do so, remit such taxes to applicable taxing
authorities on behalf of Sellers. Note that taxes are not included in the
listed price for Items, but will be displayed before confirmation of
purchase. Use of credits may modify taxes that apply to a Buyer’s order.
Taxes may be estimated based on offers made on Items, but are subject to
change if final sale price is different than original offer. Taxes are
based on several factors, including price, location, and state, local,
federal, or other applicable rates at time of purchase. Although we may
assess taxes upon purchase or sale You are ultimately responsible for the
verification and reporting of any and all applicable taxes to the
appropriate tax authorities, including instances where Poshmark does not
collect taxes on your behalf.
9. Payments. Buyers may pay for Items using payment methods approved by
Poshmark, and Poshmark will receive payment from Buyer on behalf of Seller.
By submitting payment information to Poshmark You authorize Poshmark to
store that information and with your confirmation, charge You for any Items
purchased.
10. Fee Modifications.

We may change or discontinue, temporarily or permanently, some or all fees
for the Service, and such changes will be effective upon Our revision of
the Fee Policy.

11. Shipping Costs. Buyers are responsible for any shipping costs (as detailed
in the Fee Policy) incurred with respect to their purchased Item.

12. Returns. Poshmark may allow you to return an Item in limited circumstances.
If the Item you receive is not as described on the Service, then you may
request a return by reporting the issue through the Service or by emailing
support@poshmark.com, in each case within three days after delivery (as
determined by the tracking information on the Label) of the Item.

12. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAWS, POSHMARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSHMARK MAKES NO WARRANTY THAT (I) YOU
WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE
SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE
QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

POSHMARK MAKES NO GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR
LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY
LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE
PLATFORM.

13. Limitations on Liability

Poshmark is not liable for (1) any Content posted on Our Services; (2)
purchases, sales, or other obligations that may arise between Users; (3) any
damages that result through Your use of Our Services; (4) any negative or
critical comments that may be posted by other Users through the Services; (5)
any of the Third Party Service(s) You may be provided pursuant to Your use of
the Services; (6) any third party personally identifiable information you upload
or provide to Poshmark pursuant to the Services (7) any cost of substitute goods
or services.

You are solely responsible for your interactions with other users, including any
purchase or sale transactions. You agree Poshmark will have no liability or
responsibility with respect to such interactions, purchases, or sales. Poshmark
reserves the right but is under no obligation to become involved in any dispute
between You and another user.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO
EVENT SHALL POSHMARK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE,
WHETHER OR NOT POSHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS,
INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF
LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER
OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR
INABILITY TO USE THE SERVICES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL POSHMARK BE
LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT
INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER
AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO POSHMARK AS A SELLER IN THE LAST
SIX (6) MONTHS, OR, (2) ONE HUNDRED U.S. DOLLARS (USD $100).

THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED BY LAW. Our licensors and service providers will have no
liability of any kind under this Agreement. Unless such restriction is
prohibited by applicable law, You may not bring any claim under this Agreement
more than twelve (12) months after the cause of action arises.

14. Indemnity

You agree to release, defend, indemnify and hold Poshmark, its affiliates and
employees (collectively, “Indemnitees”) harmless from any legal claim or demand
(including reasonable attorney fees) that arises from Your actions (or
inactions), Your use (or misuse) of our Services, Your breach of the Terms, or
You and Your accounts infringement of someone else’s rights. If you are a
California resident, you waive California Civil Code Section 1542, which says:
“A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor.” If
you are a resident of another jurisdiction, you waive any comparable statute or
doctrine.

15. Mobile Services

When you access the Service through a mobile device, you may incur a fee for
data usage or other associated costs from your wireless provider. You agree that
You are solely responsible for Your use of the Service on your mobile device and
adherence to your wireless provider’s terms and conditions.

16. Apple-Enabled Software Applications

Poshmark offers Software applications that are intended to be operated in
connection with products made commercially available by Apple Inc. (“Apple”).
With respect to Software that is made available for your use in connection with
an Apple-branded product (such Software, “Apple-Enabled Software”), in addition
to the other terms and conditions set forth in these Terms, the following terms
and conditions apply:

* Poshmark and you acknowledge that these Terms are concluded between Poshmark
and you only, and not with Apple, and that as between Poshmark and Apple,
Poshmark, not Apple, is solely responsible for the Apple-Enabled Software and
the content thereof.
* You may not use the Apple-Enabled Software in any manner that is in violation
of or inconsistent with the Usage Rules set forth for Apple-Enabled Software
in, or otherwise be in conflict with, the App Store Terms.
* Your license to use the Apple-Enabled Software is limited to a
non-transferable license to use the Apple-Enabled Software on an iPhone OS
Product that you own or control, as permitted by the Usage Rules set forth in
the App Store Terms.
* Apple has no obligation whatsoever to provide any maintenance or support
services with respect to the Apple- Enabled Software.
* Apple is not responsible for any product warranties, whether express or
implied by law. In the event of any failure of the Apple-Enabled Software to
conform to any applicable warranty, you may notify Apple, and Apple will
refund the purchase price for the Apple-Enabled Software to you, if any; and,
to the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Apple-Enabled Software, or
any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty, which will be
Poshmark’s sole responsibility, to the extent it cannot be disclaimed under
applicable law.
* Poshmark and you acknowledge that Poshmark, not Apple, is responsible for
addressing any claims of you or any third party relating to the Apple-Enabled
Software or your possession and/or use of that Apple-Enabled Software,
including, but not limited to: (i) product liability claims; (ii) any claim
that the Apple-Enabled Software fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation.
* In the event of any third party claim that the Apple-Enabled Software or the
end-user’s possession and use of that Apple-Enabled Software infringes that
third party’s intellectual property rights, as between Poshmark and Apple,
Poshmark, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim.
* You represent and warrant that (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (ii) you are not listed
on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the
Apple-Enabled Software, they should be directed to Poshmark by e-mail to
support@poshmark.com.

Poshmark and you acknowledge and agree that Apple, and Apple’s subsidiaries, are
third party beneficiaries of these Terms with respect to the Apple-Enable
Software, and that, upon your acceptance of the terms and conditions of these
Terms, Apple will have the right (and will be deemed to have accepted the right)
to enforce these Terms against you with respect to the Apple-Enable Software as
a third party beneficiary thereof.

17. General

17.1 Governing Law

Each party will comply with all laws, rules, and regulations applicable to this
Agreement. This Agreement shall be governed by the laws of the State of
California without giving effect to its principles regarding conflicts of law.
All disputes shall be resolved exclusively in state or federal court in San
Mateo County, California. You acknowledge that the Services are of United States
origin and agree to comply with all export laws and regulations of the United
States.

17.2 Dispute Resolution, Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY.

Poshmark is always interested in resolving disputes amicably and efficiently. If
you have any concerns or disputes please email customer support at
support@poshmark.com. Any unresolved dispute shall be settled by binding and
confidential arbitration, notice of which must be sent by You to Poshmark, per
the Notice provision set forth herein, and describe the nature of the claim and
relief sought. If resolution is not reached within sixty (60) calendar days You
or Poshmark may commence an arbitration proceeding. The arbitration will be
conducted in a forum convenient to both parties, and if the claims involved
total less than US$10,000, then will be conducted through document submission or
telephonic hearing unless in person arbitration is legally required. Arbitration
shall be subject to the Federal Arbitration Act, or applicable binding
arbitration in your jurisdiction. The arbitration will be governed by the AAA’s
Commercial Arbitration Rules and, if applicable, the Supplementary Procedures
for Consumer Related Disputes. If the value of the relief sought is USD $10,000
or less, at your request, Poshmark will pay all Arbitration Fees.
Notwithstanding the foregoing, the Company may seek injunctive or other
equitable relief to protect its intellectual property rights in any court of
competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT.
Arbitrator decisions are as enforceable as any court order and are subject to
VERY LIMITED REVIEW BY A COURT. Any claims brought by you must be bought in an
individual capacity, not as a class member in any representative proceeding. An
arbitrator may not consolidate individuals’ claims. The arbitrator will not have
authority to award damages in excess of the amount allowed by this Agreement.
The arbitrator also shall be authorized to grant any equitable remedy or relief
it deems just and equitable and within the scope of the Agreement. All aspects
of the proceeding, ruling, decision, or award will be considered confidential
between the parties. The arbitration award shall be final and binding upon the
parties without appeal or review except as permitted by California law or United
States federal law. This Arbitration Agreement does not preclude you from
bringing issues to the attention of federal, state, provincial or local
agencies, and such agencies can, if the law allows, seek relief against us on
your behalf. Notwithstanding anything to the contrary herein, any change made to
this Arbitration Agreement may be rejected by You within thirty (30) calendar
days of such change, and in the event of such rejection, the terms of the
original Arbitration Agreement language will apply.

17.3 Severability, Headings, Non-waiver

The unenforceability of any provision of this Agreement will not affect the
enforceability of any other provision. If any provision of this Agreement is
deemed to conflict with another, Poshmark will have the sole right to elect
which provision remains in force. Headings are provided for convenience only. We
reserve all rights under applicable law. Our non-enforcement of any provision of
this Agreement or under applicable law will not be construed as Our waiver of
any enforcement rights under the same or different circumstances at any time in
the future.

17.4 Modifications

THIS AGREEMENT AND THE SERVICES DESCRIBED HEREIN ARE SUBJECT TO CHANGE BY
POSHMARK IN ITS SOLE DISCRETION AT ANY TIME. Poshmark may modify or discontinue
the service with or without notice. Poshmark is not liable to You or any third
party for any such modification or discontinuation. When changes are made to
this Agreement, We will make a new copy of the Agreement available by posting on
Our Site or through the Services. We will also update the "Last Revised" date at
the top of the Agreement. If We make any material changes, and You have
registered to use the Services, We may also notify you via email or through the
Services. Changes will be effective immediately for new users and will be
effective ten (10) days after posting notice of such changes on the Site for
existing users. Your continued use of the Service after the date any such
changes become effective constitutes your acceptance of the new Terms. If you do
not agree to abide by these or any future Terms, do not use or access (or
continue to use or access) the Service.

17.5 Termination

We may suspend or terminate the Services or Your account at Our discretion
without explanation, notice, and liability to Poshmark including removing and
discarding any items or content within the Service, for any reason, though We
will strive to provide a timely explanation. Any suspected fraudulent, abusive
or illegal activity that may be grounds for termination of your use of Service,
may be referred to appropriate law enforcement authorities. You may terminate
this Agreement by closing Your account for the Service. Poshmark will not have
any liability whatsoever to You for any suspension or termination. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including ownership, success fees, warranty
disclaimers, indemnity and limitations of liability.

17.6 Export Controls and Laws

All Software and Services may be subject to export control laws in your
applicable jurisdiction. You agree that you will not, and are solely responsible
for any violation of, such export control laws. Download and use of software,
including where You use, is Your responsibility and at Your own risk.

17.7 Electronic Communication, Documentation

When you use the Service or send e-mails to us, you are agreeing to communicate
with us electronically. This Agreement and any other documents reference herein
will be considered a “writing” or “in writing” to comply with applicable legal
requirements, and are legally enforceable between the parties. Printed versions
of this Agreement and the documents referenced herein will be admissible in any
legal proceeding

17.8 Notices

You agree We will provide notices and messages to You within the Services, or if
required, via email or regular mail. You may provide Poshmark notice and will be
deemed provided once received by Poshmark, addressed via mail to the address
noted in the Questions, Comments section below.

17.9 Questions, Comments

Please contact us with any questions, comments, or to report a violation of this
Agreement:

Poshmark Inc. 203 Redwood Shores Pkwy, 8th Floor Redwood City, CA 94065
support@poshmark.com

18. Geographic Specific Provisions

18.1 Users in California

Notwithstanding anything to the contrary in the rest of the Agreement, the
following takes precedence with respect to Users in California:

18.1.1 California Civil Code. Under California Civil Code Section 1789.3, users
of the Service from California are entitled to the following specific consumer
rights notice: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by
telephone at (916) 445-1254 or (800) 952-5210.

18.2 Users in Canada

Notwithstanding anything to the contrary in the rest of the Agreement, the
following takes precedence with respect to Users in Canada:

18.2.1 Arbitration. The Arbitration Act, RSBC 1996, c. 55 (the “Act”) governs
the interpretation and enforcement of the Arbitration Agreement and any
reference to the American Arbitration Association (“AAA”) is deemed replaced
with the British Columbia International Commercial Arbitration Centre
(“BCICAC”). If there is an inconsistency between the Arbitration Agreement and
the Act, the Arbitration Agreement will prevail.

18.2.2 Governing Law. These Terms shall be governed by the laws of the Province
of British Columbia without regard to its conflict of law provisions, and you
agree to the personal and exclusive jurisdiction of and venue in the provincial
courts in Vancouver, British Columbia and waive any objection to such
jurisdiction or venue.

18.2.3 Language of Terms. English shall be the language of these Terms and the
parties waive any right to use and rely upon any other language or translations.
Il est la volonté expresse des parties que les présentes Conditions
d’utilisation et tous les documents qui s’y rapportent soient rédigés en langue
anglaise, exception faite des documents pour lesquels la loi exige l’usage
exclusif du français.

18.3 Users in India

Notwithstanding anything to the contrary in the rest of the Agreement, the
following takes precedence with respect to Users in India:

18.3.1 Grievances. Any discrepancies or grievances with regard to content and or
comment or breach of the Terms and Conditions shall be taken up with the
designated Grievance Officer as mentioned below via in writing or through email
signed with the electronic signature to:

Attention: Evan Ferl

Email ID: support@poshmark.com

Address: 203 Redwood Shores Pkwy Floor 8, Redwood City, CA 94065

18.3.2 Mediation. Any unresolved dispute shall be settled by binding and
confidential mediation as permittable by applicable law.

18.3.3 Governing Law. These Terms and Conditions shall be governed by and
construed in accordance with the laws of India without regard to the conflict of
law provisions thereof. All claims, differences and disputes arising under or in
connection with or in relation hereto the Platform or Service, the Terms or any
transactions entered into on or through the Platform or Service shall be subject
to the exclusive jurisdiction of the courts of New Delhi, India and you hereby
accede to and accept the jurisdiction of such courts.

18.3.4 Metrology. Poshmark may provide forms and required fields to comply with
Sellers obligations under metrology laws. Sellers are responsible for the
accuracy of key metrology items such as country of origin, manufacturer name,
sizing information and any other relevant details that enable purchasers to make
informed decisions prior to making a purchase in accordance with the Legal
Metrology Act and Consumer Protection Rules. The ultimate responsibility is on
the Seller to correctly identify their items in accordance to all local laws and
regulations.

18.3.5 E-Way Bill. For all items sold, Users agree to comply with local laws and
regulations. Users are responsible for generating E-Way Bills and may incur
certain regulatory or tax implications.

18.4 Users in Australia

Notwithstanding anything to the contrary in the rest of the Agreement, the
following takes precedence with respect to Users in Australia:

18.4.1 Arbitration. The ACICA Arbitration Rules govern the interpretation and
enforcement of the Arbitration Agreement and any reference to the American
Arbitration Association (“AAA”) is deemed replaced with the ACICA (“ACICA”). If
there is an inconsistency between the Arbitration Agreement and the Act, the
Arbitration Agreement will prevail.

18.4.2 Governing Law. These Terms shall be governed by the laws of New South
Whales without regard to its conflict of law provisions, and you agree to the
personal and exclusive jurisdiction of and venue in the courts of Sydney, New
South Whales and waive any objection to such jurisdiction or venue.

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