TERMS AND CONDITIONS OF USE
Acceptance of Terms of Service
Hello and thanks for visiting the PoshPorts.com website (the “Website”). Please read this carefully. These are the terms and conditions on which you may use the Website and the content/services available on it (which we call "PoshPorts Content"). These terms apply to your use of the Website and all PoshPorts Content regardless of the delivery platform or device you use to access it. By accessing the Website you are agreeing to the terms and conditions below. If you use Website in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business.
If you do not agree with the terms and conditions (or are not authorized to do so) do not use the Website. If you have any questions please contact corporate@PoshPorts.com and use the headline “Terms and Conditions Questions” in the subject line. We recommend that you print, store or save a copy of these terms and conditions for your records.
To the extent permitted by law, these terms and conditions may change and we will provide notice of such changes on this page. You should regularly check these terms and conditions to see if any changes have been made. By using the Website after we have posted any changes, you are agreeing to be bound by them. If you do not agree to the changes you should cease using the Website. References in these terms and conditions to "PoshPorts" (or "we", "us" or "our") refer to PoshPorts, Inc. with a business address at 7115 W. North Avenue, #516, Oak Park, IL 60302, our directors, officers, employees and/or our subsidiaries.
Access and Use
Certain content and features of the Website are accessible to all users and other content and features are only accessible to registered users. PoshPorts may change, alter, suspend or withdraw any part of the Website or the services available on it at any time.
Permitted Use. All elements of the PoshPorts Content is either in the public domain or the property of PoshPorts or their respective owners and authorized for use by PoshPorts on the Website. Other than any elements from the public domain, PoshPorts or its licensors own all intellectual property rights (including copyright and database rights) in the PoshPorts Content and any selection or arrangement of the PoshPorts Content. You may only use the PoshPorts Content for your personal, non-commercial use.
Restrictions on Use. You may not use the Website for any unlawful purpose. You may not in any way commercially exploit the PoshPorts Content.
Linking. If you would like to link to the Website, please read and comply with the following guidelines and all applicable laws. A site or service that links to the Website:
-must not in any way imply that PoshPorts is endorsing it or its products or services;
-may not remove, distort or otherwise alter the size or appearance of the logo;
-may link to the homepage of the Website, and on an ad hoc, non-systematic basis deeplink to other pages of the Website;
-must not misrepresent its relationship with PoshPorts or present false information about PoshPorts;
-must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
-must not be a site or service that contains content that could be construed as distasteful or offensive.
PoshPorts expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate.
PLEASE NOTE THAT IN ADDITION TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF THE WEBSITE.
Modifications to the Terms and Conditions
PoshPorts may, in its sole discretion, modify these Terms and Conditions from time to time. We may modify, suspend or discontinue, temporarily or permanently, the Website or any particular feature thereof, with or without notice, and without liability to you. Modifications to these Terms of Service will be posted on the this page and will be effective immediately upon posting. By continuing to use the Website following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE WEBSITE. You should review this page periodically for the most recent Terms and Conditions.
To access some areas and features of our Website (“Services”), you must create an account. You may never use anyone else’s account without permission. When creating your account, you must provide accurate and complete information. When you sign up for an account, you will be asked to choose a password. You are entirely responsible for ensuring that your account password is kept confidential and secure. You agree not to use the account or password of any other account-holder at any time or to disclose your password to any third party. You are solely responsible for the activity that occurs on your account. If you discover any breach of security or unauthorized use of your account, you must notify us immediately. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PoshPorts or others related to such unauthorized use.
Proprietary Rights in Content on the Website
Your Content. We do not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, applications, or any other materials (collectively, “User Content”) that you post on or through the Services. After posting your User Content, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein.
Limited License. By submitting User Content, you hereby grant PoshPorts a universe-wide, non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website and PoshPorts’ (and its subsidiaries’, successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter invented. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Website and under these Terms and Conditions, regardless of the delivery platform or device used to access the Website. The above licenses are perpetual and irrevocable.
Representation and Warranty. You represent and warrant that: (a) you own the User Content that you post on or through the Services or otherwise have the right to grant the license set forth above, and (b) the posting of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you on or through the Services. You further agree that you will not submit User Content that is contrary to these Terms and Conditions, which may be updated from time to time, or that is contrary to applicable local, national, and international laws and regulations.
Our Content. The Services contain the PoshPorts Content, which is protected by copyright, trademark, patent, trade secret and other laws, and we own and retains all rights in PoshPorts Content, as stated above in these Terms and Conditions, and the Services. We grant you a limited, revocable, nonsublicensable license to reproduce and display PoshPorts Content (but not any software object or source code) solely for your personal use in connection with viewing the Website and using the Services. We reserve all rights not expressly granted in and to the PoshPorts Content and the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any PoshPorts Content or enforce limitations on use of the Website or PoshPorts Content.
Use of the Website
By using the Website, you will inevitably be exposed to content from many sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. By using the Website, you also may be exposed to content that is not accurate or that may be considered offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PoshPorts with respect to such content and agree to indemnify, defend, and hold PoshPorts, its owners, operators, affiliates, subsidiaries, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You acknowledge and agree that we reserve the right to charge for any portion of the Services and to change our fees (if any) from time to time in our discretion. If we terminate your account, in accordance with the section immediately below, you shall not be entitled to any refund of any unused portion of fees or payments (if any).
We may immediately terminate your account if we notice that any User Content posted by you through the Services infringes on the rights of any third party. In our sole discretion, we reserve the right to determine whether User Content is appropriate and complies with these Terms and Conditions for violations other than copyright infringement, including, but not limited to, pornography, obscene or defamatory material, or excessive length. In our sole discretion and without prior notice, we may remove User Content and/or terminate your access to the Services for uploading such material in violation of these Terms and Conditions at any time.
Protection of Other’s Copyrights and Intellectual Property
We are devoted to respecting the intellectual property rights of others, and require that you do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any right of privacy or publicity, copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act to us at corporate@PoshPorts.com using the heading “Copyright Infringement Issue” as the subject line or PoshPorts, Inc. 7115 W. North Ave., #516, Oak Park, IL 60302, with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) your physical or electronic signature; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) reasonably sufficient identification of the material that is claimed to be infringing or to be the subject of infringing activity to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you (an address, telephone number, and an electronic mail address); (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the information in the notification is accurate, and that you are either the copyright owner or legally authorized to act on behalf of the owner. You acknowledge that if you fail to comply with all of these requirements, your notice may not be valid.
If you elect to send us a counter notice, to be effective, it must be a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement made by you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) information reasonably sufficient to permit us to contact you (an address, telephone number, and an electronic mail address); and (e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under the section above entitled, “Protection of Other’s Copyrights and Intellectual Property,” or an agent of such person.
Eligibility to Use the Website
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions. We do not intend to collect personal information from anyone under 18 years of age. If you are under 18, you should not enter any information on this Website or should ask a parent to do so for you. Because the Website is not intended for children under 13, you affirm that you are over the age of 13. If you are under 13, then please do not use this Website. Instead, decide with your parents or guardian what websites might be of interest to you.
Links to Other Websites
Our Website contains links to other websites not operated or maintained by PoshPorts. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of such third party websites. We do not have control over, make no representation regarding, and assume no responsibility for the content, privacy policies, terms and conditions or practices of any third party websites. If you decide to access any of these linked websites, you do so at your own risk, and waive any and all claims against PoshPorts regarding the inclusion of links to outside websites or your use of those websites. These linked websites may contain terms and conditions, privacy policies, and guidelines to which you are subject while using those sites. We encourage you to become familiar with the terms and conditions and privacy policies of any linked site upon access.
Limitations on PoshPorts’ Liability
DISCLAIMERS OF WARRANTIES: WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEBSITE OR POSHPORTS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND POSHPORTS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF POSHPORTS CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, OR LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER WE NOR OUR OWNERS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM OR RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY PORTION THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEBSITE. USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY POSHPORTS CONTENT, ANY INTERACTIVE AREAS, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF ANY INJURY OR DAMAGE RESTS EXCLUSIVELY WITH YOU.
Some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. We make no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of this Website and the provisions of these Terms and Conditions. The Website is controlled and offered by PoshPorts in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.
You agree to indemnify, defend and hold harmless PoshPorts, its owners, partners, officers, directors, employees, agents and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) related to: (a) your use of and access to the Website; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
Software Licenses and Publications
Any software or publication that may be made available for downloading from the Website is protected by copyright and may be protected by other rights. The use of such software or publication is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such software or publication. The downloading and use of such software or publication is conditioned on your agreement to be bound by these Terms and Conditions and any relevant licensing agreement or Legal Notice.
Software available in connection with the Services is further subject to United States export controls. No such software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export control laws. Downloading or using software is at your sole risk.
Site User Disputes
You are solely responsible for your interactions with other users of the Website. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other users of the Website.
Governing Law and Venue
These Terms and Conditions shall be interpreted, construed and governed by the laws of the State of Illinois, USA, without reference to its laws relating to conflicts of law and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the courts of Cook County, Illinois and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief without proving actual damages and without the necessity of posting a bond or any other undertaking therewith in the event that, in our opinion, such action is necessary or desirable.
We may assign these Terms and Conditions freely at any time without notice. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of each party’s permitted successors and assigns.
Should any clause of these Terms and Conditions be found unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. Our failure to expressly enforce any provision of these Terms and Conditions does not waive our rights to enforce that or any other provision.
These Terms and Conditions are effective as of June 15, 2010.
Log Files and Cookies
This Website utilizes industry standard analytics packages which gather limited information on visitors to our website automatically, and stores this anonymous information in server log files. This information may include IP addresses, browser type, basic IP information, referring pages, operating system used and date/time stamps. This information does not identify individual users; it is used only for site administration, as well as for analysis of website usage and trends.
Additionally, cookies may be used to provide easier and faster access to Website features such as logins and/or repeat visits. Cookies are very small text files that are stored on personal computers for reference purposes. We do not link the information we store in cookies to any personally identifiable information you have submitted while on our site.
We use both session ID cookies and persistent cookies. A session cookie expires when your browser is closed, and a persistent cookie may stay on your hard drive for an extended period. Session cookies make it easier for you to navigate our site; persistent cookies can perform such activities as storing your password for forums or blogs so you do not have to sign in every time you visit those areas, and/or may be used to enable us to track and target the interests of our users so as to enhance the overall experience of using our site.
Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
We have no access to or administration abilities over any cookies that are used by any advertisers on our site.
Links to Other Websites
Registration is not required in order to use or access this Website. However, this site may make forums, blogs, voting in polls, contests, promotions, message boards, members-only sections, documents, newsletters or other offerings available to its users. You may be required to provide information or register for these features. Also, if you wish to use our services to conduct a transaction you will be asked to set up a user account and will need you to provide the following: your name, email address, password, and other personal information. If you are conducting a transaction, we will also ask for information necessary to complete the transaction, such as your credit card information, billing address, and shipping address.
In some cases and through certain promotions, you may submit information about other people. For example, you might submit a person's name and e-mail address to send an electronic greeting card and, if you order a gift online or offline and want it sent directly to the recipient, you might submit the recipient's name and address. The types of personally identifiable information that may be collected about other people at these pages include: recipient's name, address, e-mail address, and telephone number.
For certain promotions, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the promotion's activities and offerings.
What We Do With Personal Information
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about offerings, and to offer you other products, programs or services that we believe may be of interest to you.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests, to fulfill a request by you for an online newsletter or publication, or to contact you about your account with us.
We use the information that you provide about others to enable us to send them your gifts or cards. From time to time, we also may use this information to offer our products, programs, or services to them.
If you choose to submit content for publication to a forum or otherwise we may publish your name, screen name, and other information you have provided to us.
The information we collect in connection with our online games, forums, communities and other areas is used to provide an interactive experience. We use this information to facilitate participation in these online games, forums, communities and other areas, and, from time to time, to offer you products, programs, or services.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Website experience. We also may use this information in the aggregate to analyze site usage, for internal record keeping, market research, as well as to offer you products, programs, or services.
Please note that if you post comments or articles to any game, forum, blog or message board or other interactive area on this site, any personally identifiable information you provide in those comments or articles may be read, collated and used by anyone viewing them. As such, we are not responsible for personally identifiable information you may choose to make available through these channels.
We also provide visitors to the Website an opportunity to opt-in to receive additional communications. In this case, we ask for your email address and name. These communications may include newsletters, product or service offerings, product promotions, sponsor, advertiser, partner or affiliate offerings, and any other information that we feel may be of interest to you. You may opt out of receiving any, or all, of these communications by emailing us at corporate@PoshPorts.com, by clicking on the “unsubscribe” link in any email we send to you, or by replying to any email we send you and entering the word UNSUBSCRIBE in the subject line.
We will use personally identifiable information to verify the accuracy of information provided with regard to transactions. If you provide a testimonial we may choose to post it on our website.
Access to Personally Identifiable Information
We may disclose personally identifiable information to companies that we do not own who want to market products or services to you. You will be provided with an opportunity to opt out or limit such uses. You may contact us if your personally identifiable information changes, or if you no longer wish us to possess your information by emailing us at corporate@PoshPorts.com.
We follow accepted industry standards to protect any personal information you have provided to us. However, please be aware that no method of electronic storage can ever be 100% secure. Therefore as is the case with any organization - we are not in a position to guarantee the absolute security of your information. You may submit any questions you may have about our security procedures by emailing us at corporate@PoshPorts.com, and entering “security procedures” in the subject line.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on our website.
Notification of Changes
PoshPorts.com may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you understand and accept any changes.
MATERIAL CONNECTION DISCLOSURE
We are delighted to bring you informative and entertaining content that expands your knowledge, amuses you, and connects you with international products, services, places and people. Please note that whenever you click on the links in this website and purchase items, we may have an affiliate relationship with those companies, and receive compensation, commission or other consideration. However, such an affiliate relationship does not influence the information we provide you on this site. We know you value our honest opinions, beliefs and experiences, so that is what we provide to you. We try hard to identify the best companies, products and services for you, but you must accept all liability and use your own independent judgement about which companies to patronize and which products and services to buy. Your support in purchasing through our affiliate links enables us to continue our work researching the latest developments and keeping the website updated with valuable, relevant and timely information. Our goal is to entertain, inform, educate, enlighten and connect you - and other people worldwide - so you can be a more culturally aware, attuned and engaged global citizen. Any "Ads by Google" that may appear on our website are not selected by us. Google decides what ads to display on our pages, so if you see a Google ad and a Website page that present the same product or service, it is not intentional. Your participation, purchases and support are greatly appreciated.