Terms of service

OVERVIEW

Welcome to POSE I DOWN! The terms “we”, “us”, and “our” refer to POSE I DOWN. POSE I DOWN operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience ("Services"). POSE I DOWN is supported by Shopify to enable us to provide these services to you.

The following terms and conditions and all policies referenced herein (collectively, the “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, access or browse our online stores, or purchase any product or service offered, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every effort to display the products and services in our online stores as accurately as possible. However, please note that depending on the type of device you use to access the store, as well as its settings and configuration, colors or product appearances may look different on your screen.

We do not guarantee that the appearance or quality of any products or services displayed or offered in our online stores will meet your expectations or be identical.

All descriptions of products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction as appropriate.

SECTION 3 - ORDERS

When you place an order, you make an offer to purchase. POSE I DOWN reserves the right to accept or decline your order for any reason and at its sole discretion. Your order shall not be deemed accepted until POSE I DOWN confirms its acceptance. For your order to be accepted, your payment must be received and processed by us. Please review your order carefully before submitting; once an order is accepted, POSE I DOWN may not be able to accommodate cancellation requests. In the event that an order is not accepted, modified, or canceled, we will attempt to contact you via the email address, billing address, and/or phone number provided at the time of order.

Products purchased are subject to return or exchange solely in accordance with our Refund Policy [LINK].

You represent and warrant that products purchased are for your personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be specified in your order confirmation email. Unless explicitly stated otherwise, advertised prices do not include taxes, shipping, handling, customs, or import duties.

Prices posted in our online stores may differ from prices offered in physical stores or other stores operated online or by third parties. We may offer promotions on our Services from time to time that may affect pricing and are governed by separate Terms and Conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be covered by your credit card company, and (iv) you will pay charges incurred at the posted prices, including shipping and handling fees and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processes, or events beyond our control. Risk of loss and title for products pass to you upon our delivery of the items to the shipping carrier.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, graphics, images, product reviews, video and audio content, and the design, selection, and arrangement thereof, are owned by POSE I DOWN, its affiliates, or licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent. Except as expressly provided herein, nothing contained herein shall be construed as conferring upon you any license or right under any patent, trademark, copyright, or other intellectual property rights of POSE I DOWN, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by POSE I DOWN.

POSE I DOWN’s names, logo, product and service names, designs, and slogans are trademarks of POSE I DOWN or its affiliates or licensors. You may not use such trademarks without the prior written permission of POSE I DOWN. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

As part of the Services, you may be provided access to third-party tools that are not monitored, controlled, or directed by us.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functions). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services and access these materials or third-party websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or the purchase or use of goods, services, resources, or content made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section correctly defines Shopify’s relationship with your store and should not be removed or altered.]

POSE I DOWN is supported by Shopify, which enables us to provide the Services to you. However, every sale and purchase transaction conducted in our store is made directly with POSE I DOWN. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and POSE I DOWN, and carries no liability whatsoever for any injury, damage, or loss arising from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with POSE I DOWN.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed [LINK]; additionally, certain personal information may be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services may be transmitted and shared with Shopify and third parties located in countries other than your country of residence in order to provide services to you. For details regarding how personal information is used by us, Shopify, and our business partners, please review our Privacy Policy [LINK].

SECTION 11 - FEEDBACK

If you send, upload, share, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, develop, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel information if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm POSE I DOWN, Shopify, or users of the Services or expose them to liability.

 

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use the Services for spamming, phishing, pharming, or deception; (e) use any robot, spider, scraper, data gathering and extraction tool, automated device or process, artificial intelligence tool (e.g., agentic AI), or automated or manual method to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an Agent to be deployed to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the direction of any person or entity and can be operated without direct supervision using or on behalf of a person's device.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and strictly complies with the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we request that the Agent not access, use, or interact with any Service.

14.3 We may limit how and in what manner any Agent may access, use, or interact with the Services, including through technical measures.

14.4 Agents must: (i) specify in all HTTP/HTTPS requests that the request originates from an Agent and clearly declare the Agent's name in the request's user-agent string using "Agent/[agent name]"; (ii) not conceal or obscure that any access, use, or interaction originates from an Agent, for example by (a) imitating human behaviors and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer usage from human usage; (iii) accurately respond to any question or prompt designed to determine whether interactions originate from a human or a computer; (iv) not bypass or otherwise prevent any measures intended to block, limit, modify, or control Agents' access to, use of, or interaction with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time without notice, at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information provided on or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY PROVIDED BY POSE I DOWN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER PROVISIONS MAY NOT APPLY TO YOU.

 

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POSE I DOWN, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATED ENTITIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INJURY, LOSS, OR CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES. THIS SCOPE ALSO INCLUDES ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless POSE I DOWN, Shopify and its affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim (including reasonable attorneys' fees) made by any third party due to or arising out of: (1) your breach of these Terms of Service or the documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification; however, a delay in notification shall not relieve you of your obligations unless you suffer material prejudice. We may handle the defense and settlement of such claims at your expense, including choice of counsel; provided, however, that we will not settle any claim imposing non-monetary obligations on you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defense of indemnified claims by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not assign, transfer, or delegate this agreement or any of your rights and obligations under these Terms without our prior written consent, and any attempt to do so shall be void. We may assign, delegate, or transfer these Terms, or our rights and obligations, without notice or your consent.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal and state or regional courts of the jurisdiction where POSE I DOWN is headquartered. You and POSE I DOWN agree to submit to the jurisdiction and venue of such courts.

 

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable laws, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@poseidown.com.

Our contact information is set forth below: info@poseidown.com