Tearms of Service

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement entered into between you, whether in your personal capacity or as a representative of an entity (“you”), and Posh Provocative Magazine (“COMPANY,” “WE,” “US,” or “OUR”). This agreement pertains to your access and utilization of the http://poshprovocative.com website, as well as any other media form, media channel, mobile website, or mobile application associated, linked, or otherwise connected to it (collectively referred to as the “Site”). By accessing the Site, you acknowledge that you have read, comprehended, and consented to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE YOUR USE IMMEDIATELY.

Additional terms and conditions or documents that may be periodically posted on the Site are explicitly incorporated herein by reference. We reserve the sole discretion to amend or modify these Terms of Use at any time. Any such changes will be communicated by updating the “Last updated” date of these Terms of Use, and you waive any entitlement to receive specific notice for each such change. It is your responsibility to review the applicable Terms each time you access our Site to ensure that you are aware of and understand the applicable Terms.

By continuing to use the Site after the date on which revised Terms of Use are posted, you will be considered subject to and deemed to have been duly informed of and accepted those changes.

2. JURISDICTIONAL COMPLIANCE

The information provided on the Site is not intended for distribution to or utilization by any individual or entity in any jurisdiction or country where such distribution or use would contravene law or regulation or would subject us to any registration requirement within that jurisdiction or country. Consequently, individuals who opt to access the Site from other locations do so of their own volition and bear sole responsibility for complying with local laws, to the extent that local laws are applicable.

3. INDUSTRY-SPECIFIC REGULATIONS

The Site is not designed to adhere to industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA) and the Federal Information Security Management Act (FISMA). Consequently, if your interactions would be governed by such laws, your use of this Site may be precluded. Additionally, the Site may not be employed in a manner that would infringe upon the Gramm-Leach-Bliley Act (GLBA).

4. INTELLECTUAL PROPERTY RIGHTS

Unless expressly stated otherwise, the Site is our exclusive property, and all elements comprising the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics present on the Site (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or controlled by us or licensed to us. These materials are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and laws pertaining to unfair competition in the United States, international copyright statutes, and international agreements. The Content and the Marks are made available on the Site “AS IS” solely for your information and personal use.

Except where expressly provided otherwise within these Terms of Use, no portion of the Site, nor any of its Content or Marks, may be copied, replicated, compiled, republished, uploaded, posted, publicly exhibited, encoded, translated, transmitted, distributed, sold, licensed, or in any other way exploited for any commercial purpose without our explicit prior written authorization.

5. USER REPRESENTATIONS

By utilizing the Site, you affirm and guarantee that: (1) All registration information you furnish is true, precise, up-to-date, and complete. (2) You will uphold the accuracy of this information and promptly revise it as needed. (3) You possess the legal capacity to do so and consent to abide by these Terms of Use. (4) You are not a minor in the jurisdiction where you reside. (5) You will not employ automated or non-human means, such as bots or scripts, to access the Site. (6) You will refrain from using the Site for any unlawful or unauthorized purposes. (7) Your utilization of the Site will not contravene any applicable laws or regulations.

Should you provide information that is false, inaccurate, outdated, or incomplete, we retain the right to block your IP address from accessing the Site and to decline any and all present or future use of the Site (or any portion thereof).

6. PROHIBITED ACTIVITIES

When using the Site, you must adhere to its intended purpose. The Site should not be utilized for any commercial activities unless expressly endorsed or approved by us. As a user of the Site, you agree not to:

  • Systematically extract data or content from the Site to create collections, databases, or directories without our written permission.

  • Attempt to deceive or defraud us or other users, especially by seeking sensitive account information like user passwords.

  • Circumvent, disable, or interfere with security features of the Site, including those that restrict the use or copying of Content.

  • Disparage or harm us or the Site in any way.

  • Use information obtained from the Site to harass, abuse, or harm others.

  • Misuse our support services or make false reports of abuse or misconduct.

  • Violate any applicable laws or regulations when using the Site.

  • Upload or transmit viruses, Trojan horses, or other disruptive material.

  • Engage in automated use of the system, such as using scripts to send comments or messages, or employing data mining, robots, or similar data collection tools.

  • Remove copyright or proprietary rights notices from any Content.

  • Upload or transmit any material that collects or transmits information without consent, such as clear graphics interchange formats (“gifs”), web bugs, cookies, or other similar devices.

  • Disrupt the Site or its associated networks or services.

  • Harass, annoy, intimidate, or threaten our employees or agents.

  • Attempt to bypass measures designed to restrict access to the Site.

  • Copy or adapt the Site’s software.

  • Attempt to decipher, decompile, disassemble, or reverse engineer any Site software.

  • Use automated systems, such as spiders, robots, or scrapers, to access the Site, or launch unauthorized scripts or software.

  • Use a buying agent or purchasing agent on the Site.

  • Make unauthorized use of the Site, including collecting usernames or email addresses for unsolicited emails or creating user accounts by automated means or false pretenses.

  • Use the Site to compete with us or for any revenue-generating or commercial purposes.

  • Use the Site for advertising or offering goods and services.

  • Sell or transfer your profile.

  • Share any digital content.

  • Capture any part of the website by screen printing or similar methods.

7. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. Privacy Policy

We prioritize data privacy and security. Please review our Privacy Policy at http://poshprovocative.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is integrated into these Terms of Use. It’s important to note that the Site is hosted in the United States. If you access the Site from a region with laws or requirements governing the collection, use, or disclosure of personal data that differ from those in the United States, your continued use of the Site constitutes the transfer of your data to the United States. You explicitly consent to having your data transferred to and processed in the United States.

9. Term and Termination

These Terms of Use will remain in effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site and the Marketplace Offerings (including blocking certain IP addresses) to any individual for any reason or without a reason. This includes termination for breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Site and the Marketplace Offerings or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

11. Governing Law

These conditions are governed by and interpreted following the laws of Greece, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence. Posh Provocative and you both agree to submit to the non-exclusive jurisdiction of the courts of Greece, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in Greece or in the EU country in which you reside.

12. Dispute Resolution Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration, a part of the European Centre of Arbitration with its seat in Strasbourg. These rules are in effect at the time the arbitration application is filed and the adoption of this clause constitutes acceptance. The arbitration will be conducted in Greece, and the proceedings will be conducted in the Greek language. The applicable rules of substantive law shall be the law of Greece.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

(a) No arbitration shall be joined with any other proceeding.
(b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
(c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

(a) Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
(b) Any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.
(c) Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.

13. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions related to the Marketplace Offerings, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.

14. Disclaimer

The Site is provided on an as-is and as-available basis. You agree that your use of the Site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to this Site. We will assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials.
  2. Personal injury or property damage of any nature resulting from your access to and use of the Site.
  3. Any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein.
  4. Any interruption or cessation of transmission to or from the Site.
  5. Any bugs, viruses, Trojan horses, or the like transmitted to or through the Site by any third party.
  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

15. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  1. Your Contributions.
  2. Use of the Site.
  3. Breach of these Terms of Use.
  4. Any breach of your representations and warranties set forth in these Terms of Use.
  5. Your violation of the rights of a third party, including but not limited to intellectual property rights.
  6. Any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

18. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or by any means other than electronic means.

19. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

20. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

21. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: tearms@poshprovocative.com