Terms of Service
Date: May 18, 2022
Welcome to Coscove. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”).
1. Service and Definitions.
1. When you (individually, or the entity that you represent, each a “User”) access the Services, you are agreeing to these Terms of Service. The Services provide an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers. In using the Services, Buyers and Sellers enter into contracts for the sale and purchase of Items directly between themselves, and Coscove is not a party to any sale or purchase transaction.
1. These Terms of Service (the “Terms”) are a binding contract between you and Coscove (“Coscove,” “we,” “our” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
In order to accept these Terms and use the Services, you must be at least 18 years of age.
You assume certain risks when dealing with other Users, on or through the Services, and these risks are borne by you alone, and not Coscove. You are solely responsible for your evaluation of, and decision to use, the Services, to transact any business or engage in communications on the Services. You also agree that you will be liable for all of your activities on the Services.
ARBITRATION NOTICE: PLEASE NOTE THAT THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. BY USING THE SERVICES, YOU AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 17(e) BELOW.
Coscove reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
5. User Accounts.
1. Buyers and Sellers must sign up for an account, and select a password and username (“User ID”) in order to use certain functions of the Services, such as buying and selling Items. Browsing the Services does not require registering for a User ID, but you will still be considered a User under these Terms. You promise to provide us with accurate, complete, and updated registration information about yourself. You can select any username you like for your account, except that your username cannot be an impersonation of another person, or a term that is offensive in any way. You may, but are not obligated to, use your own name.
Your Coscove account will be created for your use of the Services based on the personal information you provide us or that we obtain via a Third Party Information Provider (as defined below). 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 Coscove 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 Services. Coscove will not be liable for any loss or damage arising from your failure to comply with this section.
If you would like us to terminate your account, please contact us at firstname.lastname@example.org Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the Services within a reasonable time period. Please note that any information you have submitted to publicly accessible areas of the Services (such as a blog or message board) may not be removeable. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account so that you are able to retrieve any important User Content (as defined in Section 8) you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Coscove.
You may not transfer your account to anyone else without our prior written permission.
a. Eligibility. The Services are intended solely for persons who are at least 18 years old. By using the Services you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services.
b. Additional User Representations, Warranties and Covenants.
i. You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
ii. Each Seller represents and warrants that Seller has the legal capacity and right to lawfully sell each Item that it offers to sell.
iii. Each Buyer represents and warrants that Buyer has the legal capacity to lawfully purchase each Item that it offers to purchase.
iv. If you use the Services on behalf of a company, partnership, association, or other entity, you represent and warrant that (A) you have the capacity to enter into these Terms on behalf of the entity, or an authorized representative of the entity has agreed to allow you to bind the entity to these Terms, and (B) that you have the right and authority to post any User Content to the Services.
v. You represent and warrant that, for all User Content you provide, (A) you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms, (B) the User Content is accurate, (C) the use of any User Content (including derivative works) by us, our Users, or others in contract with us, does not and will not infringe any intellectual property rights of any third party.
vi. You represent, warrant and covenant that in connection with the sale and purchase of Items, you will be solely responsible for, and shall ensure the payment of, all taxes payable in connection with any sale or purchase transaction.
vii. You represent, warrant and covenant that in connection with the sale and purchase of Items, you will ensure that all aspects of those transactions comply with all applicable laws.
viii. You represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to Coscove the license to User Content set forth in Section 8.
c. Accounts Established via Third Parties. You may be allowed to create a Coscove account by logging into your account with certain third-party platforms ("Third Party Information Providers” including, but not limited to, Facebook). You may link your Coscove account with a Third Party Information Provider by either: (i) providing your Third Party Information Provider account login information to us through the Services; or (ii) allowing us to access your Third Party Information Provider. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THIRD PARTY INFORMATION PROVIDERS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THOSE THIRD PARTY INFORMATION PROVIDERS, AND THOSE AGREEMENTS WILL DETERMINE WHAT INFORMATION WE WILL BE ABLE TO ACCESS AND USE THROUGH THOSE THIRD PARTY INFORMATION PROVIDERS.
6. Acceptable Use.
Coscove hereby grants you permission to use the Services and, if you are a registered User, permission to access and use those aspects of the Services that are offered to registered Users, provided that the use is in compliance with these Terms, and you further specifically agree that your use will adhere to the following restrictions and obligations:
- You may only use the Services for personal use, or for internal business use within your company or other entity. You may not transfer your access to others, or allow others to access the Services through your own access;
- You may only use the Services for lawful activity. In addition, you may not use the Services, including chat functions, in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Users may only use the chat function in an appropriate way relevant to the purchase and sale of Items;
- You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology;
- You may not copy, rip, or capture any content encountered on the Services. This includes bulk copying or "scraping" any portion of the website content using a bot or other tool;
- You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers;
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
- You may not use User Content that is furnished by others on or off the Services. If Coscove provides you with information about another User, you will use the information only for the purposes for which it is provided. You may not disclose, sell, rent, or distribute a User’s information to a third party, except as necessary to complete a transaction contemplated by these Terms. Additionally, you may not use a User’s information for marketing purposes, via electronic or other means, unless you obtain the consent of a specific User to do so;
- Sellers may sell and offer for sale only costume, fashion and accessory Items;
- Pre-owned Items may be listed on Coscove only if they are clean and in good condition; and
- The sale of counterfeit and unauthorized replicas of branded Items is illegal and prohibited on the Services.
Coscove may immediately and without notice remove Items from or terminate your access to the Services if Coscove determines, in its sole discretion, that you have breached this Section 6.
7. Purchase and Sale Transactions
- Risks, No Warranty. You assume certain risks in using a marketplace service such as Poshmark. Poshmark is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service.
- Fees. Registering for the Service is free, however, Coscove charges certain fees for various transactions through Your use of the Service as set forth in the Fee Policy. All amounts are quoted in US dollars unless otherwise stated.
- Prohibited items.
Coscove prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items List on the FAQ
- Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely.
- Buyers. You are solely responsible for reading and reviewing the Item listing before making an offer or purchasing. The contract to purchase is between You and the Seller, not Poshmark.
Seller must ship Item within three (3) days of the sale date, if Seller does not ship the Item We will notify Seller and provide a set amount of time for shipping before the order will be cancelled. Seller is fully responsible for contents of parcel, comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an Item is lost, damaged, late, or arrives not as expected to Buyer, Buyer must report issue to Coscove within three (3) days after delivery.
- Taxes. Purchased items may be subject to applicable taxes in your jurisdiction. Sellers are responsible for understanding the tax requirements, as well as the verification and reporting of any and all applicable taxes to the appropriate tax authorities.
- Payments. Buyers may pay for Items using payment methods approved by Coscove, and Coscove will receive payment from Buyer on behalf of Seller. By submitting payment information to Coscove You authorize Coscove to store that information and with your confirmation, charge You for any Items purchased.
- Fee Modifications.
We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon Our revision of the fee policy
- Shipping Costs. Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred with respect to their purchased Item.
- Returns. Coscove may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing email@example.com, in each case within three days after delivery (as determined by the tracking information on the Label) of the Item.
7. Coscove Content.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, and illustrations (all of the foregoing except User Content, the “Coscove Content”), are protected by copyright and/or other intellectual property laws.
You acknowledge that as between you and Coscove, the Services and Coscove Content, including all associated intellectual property rights, are the exclusive property of Coscove.
Conditioned upon your compliance with these Terms, Coscove grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal or business use and (ii) access and view any Coscove Content to which you are permitted access. You have no right to sublicense the licensed rights granted in this section. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Coscove or its licensors, except for the licenses and rights expressly granted in these Terms.
8. User Content.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content, including but not limited to chats, live-steam videos, photos, and videos (“User Content”). By submitting any User Content on or through the Services, you grant to Coscove a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, stream, broadcast, access, and otherwise exploit the User Content, in any media, in order to operate, promote, improve, or market the Services. By submitting User Content, you consent to Coscove saving and storing the User Content for future use.
Please note that Users do not need a User ID to view User Content on the Services.
a. Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Buyers are responsible for applicable taxes and other charges. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Items or services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.
c. Returns and Refunds. Any returns or refunds with respect to Items are at the sole discretion of the applicable Seller. Buyer accepts all risk of harm associated with paying Sellers for Items (for example, the risk associated with paying Seller for an Item if Seller does not deliver the Item).
10. Notices of Copyright Infringement.
1. Coscove respects copyright law and expects our Users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Coscove will respond to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):
a. the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
b. the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on the Services where such material may be found;
c. your mailing address, telephone number, and, if available, email address;
d. a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
e. a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
f. your full legal name and your electronic or physical signature.
You may deliver this notice, with all items completed, to us, as follows:
117 Harvard St., Unit 1, Cambridge MA, 02139
Upon receipt of the Notice as described above, Coscove will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
Coscove may immediately and without notice terminate these Terms and disable your access to the Services without notice if Coscove determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Coscove believes, in good faith, that the action is needed to protect the safety or property of other Users, Coscove, or third parties.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
12. Third-Party Content.
By using the Services, Coscove may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. One such example is our third-party payment processor. You hereby acknowledge that Coscove does not control any third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Coscove does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by third-party websites and services.
13. Apple App Store Terms.
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
(a) Both you and Coscove acknowledge that the Terms are concluded between you and Coscove only, and not with Apple, and that Apple is not responsible for the Application or the Coscove Content;
(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
(c) You will only use the Application in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
(f) You acknowledge and agree that Coscove, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Coscove, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and Coscove acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and Coscove acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
14. Disclaimer of Warranties and Liability.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SERVICES AND COSCOVE CONTENT ARE PROVIDED "AS IS," AND COSCOVE, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, AVAILABILITY, AUTHENTICITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. COSCOVE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT COSCOVE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BUYERS AND SELLERS. COSCOVE HAS NO CONTROL OVER THE CONDUCT OF ITS USERS AND DISCLAIMS ALL LIABILITY WITH RESPECT TO TRANSACTIONS INVOLVING USERS, INCLUDING LIABILITY WITH RESPECT TO ITS USERS, USER CONTENT, USER BEHAVIOR (INCLUDING IN CONNECTION WITH ANY IN PERSON TRANSACTION, THE SAFETY OF WHICH SHALL BE THE SOLE RESPONSIBILITY OF USERS), DEMANDS FOR REFUNDS (WHICH SHALL BE WITHIN THE SOLE PURVIEW OF SELLERS) AND ANY FOR ANY CLAIM RELATED TO A THIRD PARTY SERVICE PROVIDER.
15. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COSCOVE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COSCOVE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
COSCOVE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE COSCOVE FROM ANY AND ALL LIABILITY WHATSOEVER FOR EACH AND EVERY MATTER AS TO WHICH COSCOVE HAS DISCLAIMED ANY LIABILITY AS PROVIDED IN SECTION 14.
You agree to release, defend, indemnify, and hold Coscove and any third party services Coscove uses harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms. You acknowledge and agree that you are solely responsible for all User Content.
a. Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Coscove (a) via email (in each case to the address that you provide) or (b) by posting to the website or Application for the Services.
b. No Waiver. The failure of Coscove to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
c. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Coscove‘s prior written consent. Any attempt by you to assign or transfer these Terms without that consent will be null and of no effect. Coscove may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Unless a person or entity is explicitly identified as a third party beneficiary to these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties.
d. Severability. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
e. Governing Law. These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with those Rules. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
f. Entire Agreement. These Terms constitute the entire agreement between you and Coscove regarding your use of the Services, and supersede all prior written or oral agreements.
18. Contact Us.
If you have any questions or feedback about the Services, please do not hesitate to contact us at firstname.lastname@example.org.