Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. PoshCravings.com's Web site (the "Web site" or "PoshCravings.com") is provided by PoshTots (a part of BabyUniverse) and/or its affiliates and subsidiaries for your and others' personal, non-commercial use, subject to these Terms and Conditions and all changes to these terms and any policies that may be published from time to time by PoshCravings. By using PoshCravings.com, you signify that you agree to these terms and conditions of use. From time to time, PoshCravings may change these Terms and Conditions and we may do so without actual notice to you. All such changes to these Terms and Conditions will appear on PoshCravings.com. It is your responsibility as a PoshCravings.com user to occasionally review these policies and your continued use of PoshCravings.com after changes are posted means that you agree and accept any and all changes. If at any time you choose not to accept these Terms and Conditions of use, please discontinue your use of PoshCravings.com.

User responsibility and usage
PoshCravings.com and any communication or interactive tool used by or provided by PoshCravings, including the capability to contribute material through any of PoshCraving.com's content submissions or contact forms, message boards and the like, is offered solely for your personal entertainment use. By using PoshCravings.com or our services you agree to present accurate, current, truthful and full information about yourself as prompted by any of our subscription, contribution (or any other sort of) forms. If false, inaccurate, incomplete or obsolete information is provided by any user, PoshCravings reserves the right to terminate subscriptions and refuse current and/or future use of PoshCravings.com or our services. It is your responsibility as a PoshCravings.com user to ensure that your use of PoshCravings.com complies with these terms, conditions and notices. You must seek prior written permission from PoshCravings.com for any uses not permitted or not expressly specified herein.

In addition, all users must agree not to use PoshCravings.com to:

1. Transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;
2. Impersonate any person or entity, including but not limited to, a PoshCravings.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or that violates the property rights of others (including without limitation infringing use of a copyright or trademark) or the privacy or publicity rights of others;
4. Post or transmit any Content that contains a virus or corrupted data;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to a communication feature;
6. Use the communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
8. Intentionally or unintentionally violate any applicable local, state, national or international law; and
9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
10. Post to the Website any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
11. Delete or revise any material posted by any other person or entity.

By using PoshCravings.com, users also agree that they will not collect or warehouse information about other PoshCraving's users or the information/content posted by others on PoshCravings.com. In addition, users will not use such information for any reason inconsistent with the expressed purpose(s) of PoshCravings.com.

You acknowledge that PoshCravings is not responsible for material submitted to PoshCravings or posted to the web site by users, partners or advertisers. PoshCravings does not pre-screen, monitor, review or edit the content posted by users. However, PoshCravings and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any content, in whole or in part, that, in PoshCravings's judgment, does not comply with these terms and conditions or is otherwise undesirable, inappropriate or inaccurate. However, PoshCravings is not responsible for any failure, non-failure or delay in removing such content.

Users are accountable for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any contribution or part thereof, or other communication to PoshCravings. You agree to immediately notify PoshCravings of any unauthorized use of the service or any other breach of security known or suspected by you.

You acknowledge and agree that PoshCravings may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PoshCravings, its users or the public.
You understand that the technical processing and transmission of the web site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. PoshCravings assumes no responsibility for the deletion or failure to store postings, contributions or other information submitted by you or other users to PoshCravings.com.

Any or all content on the web site may be removed at any time based on PoshCravings' sole discretion. You acknowledge and agree that content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such content. You concede that you may not rely on any information (text, data, photographs, graphics, messages, music, sound, video) or other materials created by PoshCravings or submitted to PoshCravings, including content. You further acknowledge and agree that the views expressed on the web site do not necessarily reflect the views of PoshCravings, and PoshCravings does not support or endorse content (including any contribution, whether or not edited by PoshCravings or its designee or presented on the web site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by any user.

Limitations of use

The content on this Web site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web site. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Web site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Web site.

Unsolicited content

In operating this site, PoshCravings does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web site or PoshCravings mail and e-mail addresses, or in any other way. Any information or material submitted or sent to PoshCravings, will be deemed not to be confidential or secret. By submitting or sending information or other material to PoshCravings you represent and warrant that the information is original to you and that no other party has any rights to the material.

Limited license usage

By communicating with PoshCravings, including submitting or sending content, a Contribution or other information or material to PoshCravings.com, you grant PoshCravings the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a contribution, in whole or in part, into a PoshCravings feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any contribution or part thereof, or other communication to PoshCravings.

You also warrant that any "moral rights" in posted materials have been waived.

Linked sites, partners, advertisers

You may be able to link to other web sites from PoshCravings.com. These sites are not, however, controlled or reviewed by PoshCravings. PoshCravings is not responsible for the content, availability, advertising, products or other materials of any such sites, or any additional links contained therein. Posting of links and/or banners/ads does not imply PoshCravings's endorsement of or association with the linked sites. It is the user's responsibility to visit (or not) the linked sites and in doing so, to comply with these sites' appropriate terms of service. PoshCravings will not be liable, directly or indirectly, to anyone for any loss or damage resulting from or caused by the creation or use of these sites or the information or material accessed-through them. Concerns about other sites accessed via links from PoshCravings should be sent to those sites' administrators. PoshCravings may, at its discretion, decide to add, change, decline or remove links to any site and/or create new features or links to different sites/users at any time.

Requests for linking should be submitted to PoshCravings.com. To seek our permission, you may write to PoshCravings. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the web site, at our discretion at any time.

SPECIAL NOTICE: If you access a site via a link from PoshCravings that contains any content that is inappropriate for minors or is otherwise offensive, you assert that you are of legal age to view such materials and that by viewing this content you are not in violation of any laws.

Special offers, promotions, contests

From time to time, PoshCravings may make available, special offers, contests, promotions, simulations or games (promos). To participate in promos, users may be required to submit information or complete forms. Upon submission, all registrations become the exclusive property of PoshCravings. Registered users may be granted only one account. Users with more than one account are subject to immediate disqualification from any promo with rules that allow for one entry or account. PoshCravings, at its sole discretion, may suspend or revoke the registration of any user.

Users agree to release PoshCravings, its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of promo located on, or accessed through, the web site. PoshCravings cannot be held liable for any technical malfunctions including hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any user's ability to participate in any promo.

All users consent to the regulations and rules of promos. Users who abuse promo rules or behave in a way that is otherwise inappropriate are subject to immediate disqualification and revocation of their registration. PoshCravings is under no obligation to award any prize to any user who violates a published rule or guideline.

Some promos offer prizes to users. All prizes are subject to the official promo rules established by PoshCravings and/or our partners. PoshCravings reserves the right to change or cancel any promo or the rules of any promo at any time without prior notification.

Intellectual property rights

All materials contained on PoshCravings.com are the copyrighted property of PoshCravings and its affiliates or licensors. PoshCravings is the sole owner of all content on the web site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights. Except as otherwise specifically provided in these terms and conditions, you may not download or save a copy of the web site for any purpose. Copies of individual screens may be printed for your personal, non-commercial use. All title and intellectual property rights in and to the content of partners, advertisers and other linked sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws.

Permission for use of site

PoshCravings is intended for an adult, mature audience and may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and PoshCravings may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Privacy policy

PoshCravings is committed to protecting your privacy. Please visit our privacy policy for details on how your personal information is handled.

Warranties disclaimer

THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, POSHCRAVINGS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. POSHCRAVINGS DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

POSHCRAVINGS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT POSHCRAVINGS OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of liability

IN NO EVENT WILL POSHCRAVINGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF POSHCRAVINGS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, POSHCRAVINGS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon a request by PoshCravings, you agree to defend, indemnify and hold PoshCravings, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of our web site, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these terms and conditions by you. PoshCravings reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PoshCravings in asserting any available defense.

Applicable Laws / Jurisdiction

You agree that the laws of the Commonwealth of Virginia, govern these terms and conditions. Please note that your use of the PoshCravings.com may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with PoshCravings or relating in any way to your use of the web site resides in the courts of the Virginia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Viriginia, in connection with any such dispute and including any claim involving PoshCravings or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Any inquiries concerning these terms and conditions of use should be directed to our corporate office.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. PoshCravings may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please contact us.