1. Description of Services
In the Site, Posh Pool Pillow provides users with access to pool pillows (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access
Posh Pool Pillow grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that 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; any action that imposes or may impose (in Posh Pool Pillow’s sole discretion) an unreasonable or disproportionately large load on Posh Pool Pillow’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Posh Pool Pillow to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Posh Pool Pillow.
3. Membership Eligibility
The Poshpoolpillow.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Posh Pool Pillow for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Poshpoolpillow.com account to another party. If you do not qualify, you may not use the Poshpoolpillow.com Service or the Site.
4. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Posh Pool Pillow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Posh Pool Pillow has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Posh Pool Pillow immediately of any unauthorized use of your account or any other breach of security. Posh Pool Pillow reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
5. Submitted Content
Posh Pool Pillow does not claim ownership of any materials you make available through the Site. At Posh Pool Pillow’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Posh Pool Pillow a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4.
6. Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. POSH POOL PILLOW DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN POSH POOL PILLOW, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL POSH POOL PILLOW BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
7. Content Accessibility
At Posh Pool Pillow, we have made substantial efforts to render this site accessible to all. Using the Web Content Accessibility Guidelines, we strive to create a website that is usable by those with disabilities along with their friends, families and caregivers. Our website design and development process is continually refined and based on usability research, user feedback, and established web accessibility guidelines. Accordingly, this website employs such configurations that include, but are not limited to, providing an ALT description for every image, and enabling adjustment of font settings. We encourage user input on how our website accessibility can be improved. If you have any questions or comments on the website accessibility, please contact us via email at firstname.lastname@example.org.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSH POOL PILLOW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, 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 LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POSH POOL PILLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You agree to indemnify and hold Posh Pool Pillow (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
10. Electronic Communication
11. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Posh Pool Pillow is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Posh Pool Pillow may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
i. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
ii. Advertisements or solicitations of any kind.
iii. Impersonate others or provide any kind of false information.
iv. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
v. Messages by non-spokesperson employees of Posh Pool Pillow purporting to speak on behalf of Posh Pool Pillow or containing confidential information or expressing opinions concerning Posh Pool Pillow.
vi. Messages that offer unauthorized downloads of any copyrighted or private information.
vii. Multiple messages placed within individual folders by the same user restating the same point.
viii. Chain letters of any kind.
ix. Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Posh Pool Pillow invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Poshpoolpillow.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Posh Pool Pillow has no control over such sites and resources, you acknowledge and agree that Posh Pool Pillow is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Posh Pool Pillow shall not be responsible 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.
13. Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
14. Modification and Notification of Changes
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Posh Pool Pillow and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Posh Pool Pillow or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
16. Procedure for Claims of Intellectual Property Infringement
Posh Pool Pillow respects the intellectual property of others, and we ask our users to do the same. Posh Pool Pillow may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Posh Pool Pillow’s Copyright Agent the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. a description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. a description of where the material that you claim is infringing is located on the Site;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
17. Posh Pool Pillow’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: email@example.com
18. Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Posh Pool Pillow may offer special promotional offers which may or may not apply to your Posh Pool Pillow account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and Posh Pool Pillow will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Posh Pool Pillow agree to submit to the personal jurisdiction of the federal and state courts located in the State of New York with respect to any legal proceedings that may arise in connection with this TOS. The failure of Posh Pool Pillow to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Posh Pool Pillow does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Posh Pool Pillow and governs your use of the Site, superseding any prior agreements between you and Posh Pool Pillow with respect to the Site.