TERMS & CONDITIONS
INTRODUCTION
tigermarket, Inc. ("tigermarket," "we," "us," and/or "our") provides its services (described below) to you through its mobile applications and other software made available by tigermarket ("Software") and its website located at http://www.poshmark.com (the "Site") (collectively, such services, Software and the Site, collectively, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS OF SERVICE IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY TIGERMARKET. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND TIGERMARKET. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE THE SERVICE.
In addition, when using certain services, you shall be subject to any additional terms, policies or guidelines applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy at http://www.tigermarket.com/privacy the Fee Policy at http://www.tigermarket.com/fee_policy and the Prohibited Items Policy at http://www.tigermarket.com/prohibited_items_policy. All such terms, policies and guidelines are hereby incorporated by reference into these Terms of Service.
ACCESS AND USE OF SERVICES
Services Description: The Service provides a mobile and online social marketplace for items in which consumers and boutiques can upload photos of, list and sell their items (as well as apply certain image filters to such photos), and buyers can browse and purchase such items.
Third Party Services: You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your tigermarket experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and tigermarket’s use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy at http://www.thetigermarket.com/privacy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and tigermarket shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, tigermarket is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, tigermarket is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. tigermarket enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Your Registration Obligations: You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third party service), you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, tigermarket reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at anytime, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify tigermarket of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. tigermarket will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: tigermarket reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that tigermarket shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that tigermarket may establish general practices and limits concerning use of the Service. You agree that tigermarket has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that tigermarket reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that tigermarket reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Friend Referral Program: tigermarket may from time to time offer credits to existing users that refer new users to the Service using the invite code provided by tigermarket to such existing users. tigermarket may also make certain credits available to such new users using that invite code. The amount and requirements to earn such credits will be determined, and may change, from time to time in tigermarket’s sole discretion and such program may be terminated by tigermarket at any time, in each case with or without notice to you. Furthermore, tigermarket reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and must be using a device (not the web) for sign-up and the device being used must not be associated with an existing tigermarket account. You agree that any credit granted: (1) cannot be traded for cash or any other service; (2) may not be sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by tigermarket; (3) cannot be acquired via public distribution where you are a contributor but not the primary content owner (e.g. coupon websites); (4) may expire prior to your use; (5) may be voided or deducted by tigermarket at any time for any reason without liability to tigermarket, if tigermarket believes in its sole discretion that such credits resulted from fraud or other misuse of the Referral program or the Service. If your account has been suspended (see "Termination" below), you will not be able to use such credits during the duration of your account suspension.
CONDITION OF USE, PRIVACY & SAFETY
User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by tigermarket. tigermarket reserves the right to investigate and take appropriate legal action against anyone who, in tigermarket’s sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
· sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of tigermarket, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose tigermarket or its users to any harm or liability of any type;
· impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· solicit personal information from anyone under the age of 18;
· harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
· interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
· violate any applicable local, state, national or international law, or any regulations having the force of law;
· engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction;
· further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
· obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Purchase and Sale Transactions
Fees; Transactions: Registering for the Service is free; however, tigermarket charges certain fees for various transactions effected through the Service. Our Fee Policy is available at http://www.tigermarket.com/fee_policy and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to tigermarket (which shipping costs are detailed in the Fee Policy) and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available from sellers through the Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all income taxes associated with the purchase and sale of any items through the Service. For clarity, all shipping costs paid will be retained by tigermarket.
PAYMENT METHODS
To be determined between buyer and seller