TERMS AND CONDITIONS
Welcome to www.posercreative.com (the “Website”), owned and operated by Poser Creative
LLC (the “Company”). By using the Website, you accept and agree to these terms and conditions
(these “Terms”), which govern the Company’s relationship with you in relation to this Website.
These Terms create a binding legal agreement between you and the Company regarding your use
of the Website. The Company reserves the right to update and change these Terms by posting
updates and changes to the Website. You are advised to check these Terms from time to time for
any updates or changes.
Eligibility.
To use the Website and to purchase products or services from the Company, you must
have reached the age of majority in the state or country in which you reside, be no less than
eighteen (18) years of age, and be fully able and competent to enter into and abide by these
Terms.
Website Usage.
Non-exclusive; Non-commercial use. The Website is offered to you on a non-exclusive
basis for your sole, personal, and non-commercial use.
No Illegal, Unintended, or Unauthorized Use. You may access the Website solely for the
intended purpose of the Website, through normal functionality of the Website. You may not use
the Website for any illegal or unauthorized purposes. You may not use the Website in a way that
could damage its content or impair its operation in any way. You agree not to access, or attempt
to access, any portion of the Website by any means other than through the interface that is
provided by the Company, unless you have been specifically allowed to do so in a separate
agreement by the Company. You specifically agree not to access, or attempt to access, any
portion of the Website through any automated means, including use of scripts or bots.
The Company’s Content. The Company owns and retains all right, title, and interest in
and to the Website, and all related technology, materials, data, tools, widgets, user activity
reports, intellectual property, programming, development, and design, including but not limited
to the front and backend systems, visual design, and accompanying databases. All the content on
the Website, including without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features, designs, trademarks, service marks, products, and logos
contained herein (marks), are owned by or licensed to the Company, subject to copyright and
other intellectual property rights under the law. Content on the website is provided to you on an
“as is” basis for your information and personal use only and may not be copied, reproduced,
distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the respective rights holders.
Local Rules. You hereby agree to comply with all applicable local rules regarding
online conduct and acceptable content. The Company may remove content and accounts
containing content that the Company determines in its sole discretion are unlawful, offensive,
threatening, libelous, defamatory, obscene, or otherwise objectionable or in violation of any third
party’s intellectual property or other legal rights.
Limitation of Liability; Disclaimer of Warranties; Indemnification.
Except as expressly set forth herein, the Company makes no warranties, express or
implied, with respect to results from the services or the products, and disclaims all such
warranties, including warranties of merchantability and fitness for a particular purpose.
The Company owns and retains all right, title, and interest in and to all intellectual
property and proprietary information resulting from the services and the products, including
without limitation, all concepts, designs, plans, logos, branding, client information, materials,
and related information. All of the intellectual property contained within the services and the
products are also owned by or licensed to the Company, subject to copyright and other
intellectual property rights under the law. The Company has taken steps to protect its intellectual
property, including but not limited to filing copyright and trademark applications, and any use of
such intellectual property by you without the Company’s prior written consent would cause the
Company irreparable damages. As a result, the services, products, and materials may not be
copied, sold, licensed, or otherwise used without the prior written consent of the Company.
You acknowledge and agree that the Company in no way guarantees results or positive
outcomes from the services performed or the products purchased, and will not in any way be
held liable by you or a third party for the results derived from your use of the services or the
products hereunder, as you assume any and all risks associated with the services provided by the
Company.
The Website may include links to content created and uploaded by third parties, and
products available for purchase from third party websites. Because the Company has no control
over such content, the external sites or the products offered therein, you acknowledge and agree
that the Company is not responsible for and does not assume responsibility or accept liability for
any furniture or other products purchased, content, advertising, or other materials on or made
available by third parties through its Website, including without limitation user content. You
further acknowledge and agree that the Company shall not be responsible for or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods, or services available on or through any such site or
resource. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS, AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSSES (EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR
USE OR INABILITY TO USE THE WEBSITE; (II) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE WEBSITE; OR (IV) ANY OTHER MATTER RELATING
TO THE WEBSITE.
You expressly understand and agree that:
Your use of the Website is at your own discretion and risk. The Company disclaims any
responsibility for any harm resulting from accessing information or material on the Internet using
the Website. The Website is provided on an “as is” and “as available” basis. The Company
expressly disclaims all warranties of any kind, whether express or implied, including, but not
limited to the implied warranties of merchantability, fitness for a particular purpose, and non-
infringement.
The Company and its subsidiaries, affiliates, officers, employees, agents, partners, and
licensors make no warranty that the Website will meet your requirements; the Website will be
uninterrupted, timely, secure, or error-free; the result that may be obtained from the use of the
Website will be accurate or reliable; the quality of any products, services, or other information
obtained by you through the Website will meet your expectations; or that any errors in the
software will be corrected.
Any materials downloaded or products purchased through the use of the Website is
accessed at your own discretion and risk, and you will be solely responsible for any damage to
your computer system or loss of data that results from the download of any such material.
You hereby agree to defend, indemnify, and hold the Company and its subsidiaries,
affiliates, officers, agents, employees, partners, and licensors harmless from any claims, losses,
damages, and expenses, including court costs and reasonable attorneys’ fees, made by any third
party due to or arising out of links you submit, post, transmit, or otherwise make available
through the Website, your use of the Website, your connection to the Website, your violation of
these Terms, or your violation of any rights of another party.
Data Collected by the Company.
The types of personal data we collect about you depends on your particular
interaction with our Website and our services and products. We obtain the categories of personal
information listed below either directly from you (such as from forms you complete or products
and services you purchase from the Company), or indirectly from you (such as from observing
your actions on our Website).
Personal Identifiers and Information: A real name, alias, postal address, telephone
number, unique personal identifier, online identifier, Internet Protocol address, email address,
account name, or other similar identifiers; as well as signature, physical characteristics or
description, education, employment, employment history, bank account number, credit card
number, debit card number, or any other financial information.
Commercial Information: Records of personal property, products or services
purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other similar networking activity: Browsing history, search history,
information on a consumer’s interaction with a website, application, or advertisement.
We use information that we collect from you or that you provide to the Company
to:
To present our Website and its contents to you.
To provide you with information, products, support or services.
To create, maintain, customize and secure your account.
To process your requests, purchases, transactions, and payments.
To personalize your Website experience and to deliver content and product and
service offerings relevant to your interests, including targeted offers and ads through our
website, third-party sites, and via email.
To help maintain the safety, security, and integrity of our Website, products and
services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and
improve our Website, products, and services.
To carry out our obligations and enforce our rights arising from any contracts
entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer
or provide though it.
To allow you to participate in interactive features on our Website.
To evaluate or conduct a merger, divestiture, restructuring, reorganization,
dissolution, or other sale or transfer of some or all of our assets, whether as a going
concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal
information held by us about our Website users is among the assets transferred.
We may use the information we have collected from you to enable us to display
advertisements to our advertisers' target audiences. Even though we do not disclose your
personal information for these purposes without your consent, if you click on or
otherwise interact with an advertisement, the advertiser may assume that you meet its
target criteria.
We only collect and use your personal information when we have a legitimate
reason for doing so. In which instance, we only collect personal information that is reasonably
necessary to provide our services to you.
We have implemented measures designed to secure your personal information
from accidental loss and from unauthorized access, use, alteration, and disclosure. All
information you provide to us is stored on our secure servers. Any payment transactions will be
processed using trusted third-party merchant platforms, whose terms regarding the processing
payments are incorporated herein by reference. The safety and security of your information also
depends on you. Where we have given you (or where you have chosen) a password for access to
certain parts of our Website, you are responsible for keeping this password confidential. We ask
you not to share your password with anyone. Unfortunately, the transmission of information via
the internet is not completely secure. Although we do our best to protect your personal
information, we cannot guarantee the security of your personal information transmitted to our
Website. Any transmission of Personal Information is at your own risk. We are not responsible
for circumvention of any privacy settings or security measures contained on the Website.
Miscellaneous.
These Terms constitute the entire agreement between you and the Company with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.
In the event that any provision or part of these Terms is deemed void or invalid by
a court of competent jurisdiction, the remaining provisions or parts remain in full force and
effect.
You agree that some information provided by the Company is confidential or
proprietary, and you understand that any of the Company’s proprietary information is not to be
reproduced or disclosed to any unauthorized third party. Additionally, in the performance of the
services, the Company may disclose certain confidential and proprietary information to you, and
you agree not to disclose such information or repurpose such information without the prior
written consent of the Company. You also acknowledge and agree that you have no right to or
interest in the proprietary materials or products provided by the Company in the performance of
the services, including but not limited to the Company’s intellectual property, whether or not so
identified.
The Company reserves the right, in the Company’s reasonable discretion, to make
modifications to these Terms from time to time. Any such modifications will be made by
updating and posting a new version on the Website. In the event that the Company makes
changes to these Terms, the Company will provide you with the opportunity to review and
approve the terms prior to your continued use of the Website. Should any modification be
unacceptable to you, your sole recourse is to discontinue use of the Website.
The provisions of these Terms are solely for the benefit of the parties hereto and
not for the benefit of any third parties, except that the Company shall have the right to assign
these Terms and/or any of the rights herein and these Terms shall be binding upon and inure to
the benefit of the Company’s assignee(s) hereto and their respective successors, assigns, and
legal representatives.
No failure by either party to pursue any remedy resulting from a breach of any
provision of these Terms by the other party shall be construed as a waiver of that breach or as a
waiver of any subsequent or other breach unless such waiver is in writing and signed by an
authorized representative of the non-breaching party.
To the extent that the Americans with Disabilities Act applies to the Company’s
Website, the Company has taken reasonable steps to ensure compliance with such.
These Terms are governed in accordance with the laws of the Commonwealth of
Pennsylvania, in the United States of America, applicable to agreements to be wholly performed
therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue
exclusive to the federal and state courts located in Pennsylvania.
Dispute Resolution.
Any dispute or claim arising out of or relating to these Terms, including the
formation, interpretation, breach, termination, validity, or enforceability thereof, shall be
resolved by binding arbitration administered by the American Arbitration Association (“AAA”)
in accordance with its Commercial Arbitration Rules and Supplementary Procedures for
Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this clause. The
arbitration shall be conducted before a single arbitrator appointed by the AAA. The arbitrator's
decision shall be final and binding, and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof.
The arbitration shall be conducted in the Commonwealth of Pennsylvania, unless
you and the Company agree otherwise. Each party shall bear its own costs and expenses of
arbitration, including attorney's fees. However, if a party prevails on a statutory claim that
affords the prevailing party attorney's fees, or if there is a written agreement providing for the
payment of attorney's fees, the arbitrator may award reasonable attorney's fees to the prevailing
party, under the standards for fee shifting provided by law.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may
not consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found to be unenforceable, then
the entirety of this Dispute Resolution section shall be null and void.
Notwithstanding the foregoing, either party may seek injunctive or other equitable
relief to enforce intellectual property rights and prevent unauthorized use, disclosure, or
infringement of such rights in any court of competent jurisdiction.
The Company reserves the right to amend these Terms at any time, without notice
to you. Any amendments to these Terms will be effective immediately upon posting on the
Website. It is your responsibility to review these Terms periodically for any changes. Your
continued use of the Website following the posting of any amendments constitutes acceptance of those amendments.