This Platform is operated by Pensarti LLC™, (Pensarti editorial) (the “Company,” “we,” “us,” “our”). Each person who accesses and/or uses the Platform (each a “User,” “you,” or “your”) should please read these Terms of Service (“Terms of Service”) carefully before using the Platform. By accessing or using the Platform, you signify that you have read, understand and agree to be bound by these Terms of Service, regardless of whether you are a registered user of the Site or the App. If you do not agree to these Terms & Conditions, please do not use this site or any of the sites related, to Pensarti LLC and its subsidiaries and affiliated companies.
These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. We reserve the right, in our sole discretion, to modify or update these Terms at any time for any reason, with or without prior notice to you, and any such changes to these Terms will supersede and replace any previous Terms effective immediately upon posting to this page.
Such terms shall be effective for all uses of the Platform and Services (as defined below) immediately once they are posted. Your continued access to and/or use of the Platform or the Services provided through the Platform following any changes including the Terms & Conditions constitutes your acceptance of such modifications or different terms. Pensarti LLC™, (Pensarti editorial) and its subsidiaries and affiliated companies) The Company, in its sole discretion, may also add, delete or change some or all of the features of the Platform or Company’s Services at any time, without notice.
Please be aware that this terms & conditions agreement contains provisions governing how claims that you and Pensati LLC (Pensarti editorial) may have against each other are resolved, including, without limitation, any claims that can happen or were asserted prior to the effective date of this agreement. in particular, it contains an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. (1) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
any dispute or claim relating in any way to your use of the website will be governed and interpreted by and under the laws of the state of California, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
Use of the Services and Pensarti llc Properties. The Website, the Services, and the information and content available on the Website and the Services (as these terms are defined herein) (collectively, the “Pensarti Properties”) are protected by copyright your right to use any Pensarti llc its subsidiaries and affiliated companies properties is subject to the Terms.
All written content, images including all editorial columns, premium downloads, and app and website services, is the intellectual property of Pensart LLC™ ( Pensarti Editorial ) and may not be reproduced, distributed, or repurposed without appropriate credit and written permission.
Updates. You understand that Pensarti LLC Properties are evolving. As a result, Pensarti LLC may require you to accept updates to Poosh Properties that you have installed on your computer or mobile device. You acknowledge and agree that Pensarti LLC, (Pensati Editorial) may update Pensarti LLC Properties with or without notifying you. You may need to update third-party software from time to time in order to use Pensarti LLC ( Pensarti Editorial ) Properties.
Children’s Online Privacy Protection Act Notification. You may only use the Properties if you are 18 years of age or older. To register for an account, purchase products via the Properties, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”) or use the Pensarti LLC ( Pensarti Editorial ) App, you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use or make purchases on the Properties.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, resell, upload, use, copy, rent, lease, lend, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Pensati LLC (Pensarti editorial) Properties or any portion of Pensati LLC (Pensarti editorial) Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Pensati LLC (Pensarti editorial) Properties (including images, text, page layout or form) of Poosh, or use the Pensati LLC (Pensarti editorial) Properties in any way that might confuse, misdirect, or misrepresent its source, or sponsorship or affiliation thereof or therewith; (c) you shall not use any metatags or other “hidden text” using Pensati LLC (Pensarti editorial) name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Pensati LLC (Pensarti editorial) Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to access, monitory, copy or use the Pensati LLC (Pensarti editorial) Properties, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods or services, or “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Pensati LLC (Pensarti editorial) Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Pensati LLC (Pensarti editorial) Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not take any action that imposes any unreasonable or disproportionately large load on the Pensati LLC (Pensarti editorial) Properties; (i) you shall not take any action in connection with your use of the Pensati LLC (Pensarti editorial)Properties which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; (j) you shall not otherwise use the Pensati LLC (Pensarti editorial) Properties for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Pensati LLC (Pensarti editorial) or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”); and (k) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Pensati LLC (Pensarti editorial) Properties. Any future release, update or other addition to Pensati LLC (Pensarti editorial) Properties shall be subject to the Terms. Pensati LLC (Pensarti editorial), its suppliers and service providers reserve all rights not granted in the Terms.
Registration. In order to access certain features of Pensati LLC (Pensarti editorial) Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).
You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able access their accounts through the “Your Account” part of the Properties and manage their email address and shipping addresses and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. To learn more about how we collect and use your information, please see our Privacy policy.
By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Pensati LLC (Pensarti editorial); (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Pensati LLC (Pensarti editorial) Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Pensati LLC (Pensarti editorial)Properties by minors.
If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms, you agree to be responsible for ensuring that they comply with these Terms. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an email to contact@pensarti.com, with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. Pensati LLC (Pensarti editorial)will not be liable for any losses caused by any unauthorized use of your account.
Pensati LLC (Pensarti editorial) reserves the right, in its sole discretion, to terminate your access to the Properties or any portion thereof at any time, without notice. You may terminate your Account at any time by filling out a form with our Customer Experience team with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email or filling out a form with our Customer Experience team with “Unsubscribe” in the subject line. Please allow 48 to 72 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms will expressly survive termination of these Terms, the cessation of your use of or access to the Properties, termination of your Account and/or cancellation of your Subscription.
Third-Party Materials. As a part of Pensati LLC (Pensarti editorial) Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Pensati LLC (Pensarti editorial) to monitor such materials and that you access these materials at your own risk.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Pensati LLC (Pensarti editorial) Properties, including but not limited to, a mobile device that is suitable to connect with and use Poosh Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Pensati LLC (Pensarti editorial) Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform and improve upon the Services. Pensati LLC (Pensarti editorial) will not assess and charge for any calls or texts, but standard message charges or other charged from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing contact@pensarti.com
Responsibility for Content. You acknowledge that all files, materials, data, text, audio, video, images or other content, including Pensati LLC (Pensarti editorial) Properties (“Content”), is the sole responsibility of the party from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Pensati LLC (Pensarti editorial) Properties (“Your Content”), and that you and other users of Pensati LLC (Pensarti editorial) Properties, are similarly responsible for all Content they Make Available through Pensati LLC (Pensarti editorial) Properties (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that Pensati LLC (Pensarti editorial) has no obligation to pre-screen Content (including, but not limited to, User Content), although Pensati LLC (Pensarti editorial) reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Pensati LLC (Pensarti editorial) pre-screens, refuses or removes any Content, you acknowledge that Pensati LLC (Pensarti editorial) will do so for Pensati LLC (Pensarti editorial) benefit, not yours. Without limiting the foregoing, Pensati LLC (Pensarti editorial) shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
Pensati LLC (Pensarti editorial). Except with respect to any Content you may post and any content a user may post, you agree that Pensati LLC (Pensarti editorial) and its suppliers own all rights, title and interest in Pensati LLC (Pensarti editorial)Properties (including but not limited to, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Pensati LLC (Pensarti editorial) Properties.