You must be at least 16 years of age to use Posse and Services. By using the App and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the App, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

There are different types of content that you will be able to access within the Posse App. These are:

1. Your own content which you upload yourself;

2. Content that is uploaded by other users of the app;

3. Our content which lives within the app and the website.

By downloading and creating a profile within the Posse App you agree not to upload any content which violates our terms of use.

The below content is banned within the App and Posse has a zero tolerance policy meaning that your account may be suspended for any content which violates these rules.

You can not upload content which:

• could be deemed to be offensive or to harass, alarm, upset or embarrass another individual;
• is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
• is abusive, threatening, insulting or discriminatory or promotes or encourages sexism, racism bigotry or hatred;
• encourages any type of illegal activity including, but not limited to, racial hatred, terrorism, or the submission of which in itself constitutes committing a criminal offence;
• is defamatory, libellous or untrue;
• relates to any commercial activities including, but not limited to sales, competitions and advertising, links to other websites or premium line telephone numbers;
• involves the transmission of “junk” mail or “spam”;
• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Hinge or otherwise;
• that infringes upon any third party’s rights (including, but not limited to, intellectual property rights and privacy rights);
• Includes the image or likeness of another person without that person’s consent;
• Is harmful to minors;
• acts to impersonate any other person including providing a false name;
• may harm the reputation of Posse.

As you will be uploading your content within the App it is important to understand that you are fully responsible for any content uploaded. Please don’t share anything that you don’t want others to see, that will violate our terms or that may expose you or Posse to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content displayed on your profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you agree that this is at your own risk. We encourage you to use caution in disclosing any personal information online or within the Posse App.

Your profile will be visible to other users of the app across the world, so be sure that you are comfortable sharing Your Content before posting. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content.

By having an account and using the Posse App, you automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, but not limited to, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). This licence specifically includes the right for us to reproduce, represent, broadcast, modify, adapt, translate, digitise or sub-license the content provided by you on all or parts of the Posse App, in our emails and notifications to other users or any other communications related to the Posse App, subject to applicable law.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand that we have no obligation to display or review Your Content and we have no obligation to store Your Content.

Just as you will upload content within the App, other users will also upload their content. While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as outlined by these Terms.

Member Content belongs to the member that uploads it and it is stored on our servers and displayed at the discretion of the member that uploaded it.

You do not have any rights in relation to other users’ Member Content, and you may only use other Posse App users’ personal information to the extent that your use of it matches Posse App’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information or Member Content.

Posse Owns all other content within the Posse App

Any other content, text, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

You may:

(a)      view pages;

(b)      download pages;

(c)      print pages;

(d)      stream audio and video files; and

(e)      use our services by means of a web browser,

Except as expressly permitted by the provisions of these terms of service, you must not download any material from our App or save any such material to your computer. You may only use our App for your own personal purposes, and you must not use our App for any other purposes.

Except as expressly permitted by these terms of service, you must not edit or otherwise modify any material on our App. 

Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from our App (including republication on another);

(b)     sell, rent or sub-license material from our App;

(c)     exploit material from our App for a commercial purpose; or

(d)     redistribute material from our App.

Notwithstanding, you may redistribute our newsletter in print and electronic form to any person.

We reserve the right to restrict access to areas of our App at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our App.

If you wish to purchase our service made available through the App (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. 

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Posse cancels it. You may cancel your Subscription renewal either through your online account management page or via email at holla@possenetwork.com by contacting the customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide Posse with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise Posse to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Posse reserves the right to terminate your access to the Service with immediate effect.

All monthly payments billed will not be refunded if you decide to cancel mid-month and the same goes for annual if you cancel mid-year there will not be any refund and the subscription will be alive for the remaining contract period

On the expiry of each Subscribed Service Period, the Subscribed Services shall continue and automatically renew for further consecutive periods of the same duration as the initial Subscribed Service Period (each a Renewal). This clause shall not apply in respect of Trial Services (which shall not renew unless otherwise expressly stated in the Order).

If either party does not wish for the Subscribed Services to renew it may cause the Subscribed Service to expire by notice provided such notice is served at least 28 days prior to the next Renewal commencing. If notice is not served within the timeframes set out in this clause, the Subscribed Service shall renew in accordance with the Renewal clause above.

Posse in its sole discretion and at any time may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Posse will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Occasionally there may be information in the Posse App that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Posse App or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Posse App including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Posse App should be taken to indicate that all information in the Posse App or Services has been modified or updated.

The App may contain links to applications operated by third parties. The website has a Spotify playlist embedded into it, and an Instagram feed grid linked to our Instagram account, also we collect names and email addresses for our mailing list via Mail Chimp integration. We do not have any influence or control over any such third-party applications or the third-party operator. We are not responsible for and do not endorse any third-party applications or their availability or content. 

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms of service of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Posse with respect to such other services. Posse is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Posse to disclose your data as necessary to facilitate the use or enablement of such other services.

We are not responsible for the Content residing in the Posse App. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain an appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

During your use of the Posse App and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Posse App and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

In addition to other terms as set forth in the Agreement, you are prohibited from using the Posse App and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Posse App and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Posse App and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Posse App and Services for violating any of the prohibited uses.

Posse and other related graphics, logos, service marks and trade names used on or in connection with the App are the trademarks of Posse and may not be used without permission in connection with any third-party products or the App.

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. 

This Agreement does not transfer to you any intellectual property owned by Posse or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Posse. All trademarks, service marks, graphics and logos used in connection with the Posse App and Services, are trademarks or registered trademarks of Posse and its licensors. Other trademarks, service marks, graphics and logos used in connection with the Posse App and Services may be the trademarks of other third parties. Your use of the Posse App and Services grants you no right or licence to reproduce or otherwise use any of Posse or third-party trademarks.

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms and Conditions. 

You shall not: 

(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; 

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 

(5) use the application for any revenue-generating endeavour, commercial enterprise, or other purposes for which it is not designed or intended; 

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 

(8) use the application to send automated queries to any or to send any unsolicited commercial e-mail; 

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: 

(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

(2)  you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions

You agree that our App is provided on an "as is" and "as available" basis and that your use of the Posse App and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the App or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

To the fullest extent permitted by applicable law, in no event will Posse, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Posse and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to the amount actually paid in cash by you to Posse for the occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

You agree to indemnify and hold Posse and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Posse App and Services or any willful misconduct on your part.

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

The Agreement, and any dispute or claim arising from it, shall be construed in accordance with the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of the United Kingdom.

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. For contractual purposes, you

 (a) consent to receive communications from Posse in an electronic form; and

 (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Posse provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in hard copywriting.

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at holla@possenetwork.com.   

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means

We reserve the right to modify this Agreement or its terms relating to the Posse App and Services at any time, effective upon posting of an updated version of this Agreement in the Posse App. When we do, we will revise the updated date at the bottom of this page. Continued use of the Posse App and Services after any such changes shall constitute your consent to such changes.

Posse shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Posse App and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Posse App and Services.

f you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or by email:  holla@possenetwork.com.

This Agreement was last updated on 19th Dec 2022 ("Revision Date"). We may, at any time and without liability, modify or discontinue all or part of the App; charge, modify or waive any fees or charges required to use the App; or change the Terms and Conditions of the App for some or all of our users. If you were a user before the Revision Date, it replaces your existing agreement with the Company.