Users agree to indemnify Poshmark and its affiliates for legal claims, damages, and attorney fees arising from their use of the service, content posted, breaches of the agreement, or violations of law. California residents waive Civil Code Section 1542, which otherwise limits the scope of general releases to known claims.
This analysis describes what Poshmark's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision requires users to defend and indemnify Poshmark for a broad range of claims, including those arising from user content, service use, and third-party rights violations. The explicit waiver of California Civil Code Section 1542 for California residents extends the release to claims the user may not have known about at the time of agreeing to the terms.
Interpretive note: Enforceability of the California Civil Code Section 1542 waiver and the breadth of the indemnification obligation may depend on the nature of the underlying claim and applicable unconscionability standards.
The updated policy establishes new restrictions on product categories previously allowed or unregulated, including prohibitions on used socks and underwear, mystery boxes with specific disclosure requirements, and strict conditions for cosmetics and electronics. Sellers who list prohibited items may face temporary or permanent account suspension, payment withholding, and item removal at Poshmark's discretion. The policy explicitly reserves the right to dispose or destroy prohibited items sent to authentication centers. You can report suspected violations to Poshmark, but enforcement decisions remain within the company's sole discretion.
View change record →Poshmark's updated Privacy Policy provides significantly more transparent disclosure about what personal data the company collects, how it uses that data, and how you can exercise your privacy rights. The policy now explicitly itemizes data collection points, including photos, videos, payment information, social media accounts, and user interaction data, and provides a dedicated section on consumer rights and choices. The policy also includes a dedicated California Privacy Notice supplement, indicating enhanced compliance with California privacy laws. You can review the full updated policy and California Privacy Notice to understand Poshmark's specific data practices and identify which privacy rights and choices are available to you.
View change record →Poshmark's updated privacy policy provides more explicit detail about what categories of personal data the company collects through the platform, including user-generated content (photos, videos, listings), interaction data (likes, comments, offers), and payment information. The expanded disclosure does not necessarily indicate new data collection practices, but gives users clearer visibility into what information Poshmark holds. You can review the full policy at Poshmark's website to understand which data collection practices apply to your account activity and, if you are a California resident, consult the supplementary California Privacy Notice referenced in the policy.
View change record →Users must indemnify and defend Poshmark against broad categories of claims including third-party IP infringement, shifting legal liability and defense costs to users.
View full change record →Under this clause, users bear the cost of defending Poshmark against claims arising from their use of the service, including attorney fees. For California residents, the agreement includes a waiver of a statutory protection that otherwise limits general releases to known claims, extending the indemnification to unknown claims.
Cross-platform context
See how other platforms handle Indemnification Obligation Including California Civil Code 1542 Waiver and similar clauses.
Compare across platforms →"You agree to release, indemnify, and hold harmless and, upon Poshmark's request, defend the Poshmark Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else's privacy or intellectual property rights); or (v) your violation of applicable laws. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."Excerpt from Poshmark's Privacy Policy
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This provision requires users to defend and indemnify Poshmark for a broad range of claims, including those arising from user content, service use, and third-party rights violations. The explicit waiver of California Civil Code Section 1542 for California residents extends the release to claims the user may not have known about at the time of agreeing to the terms.
Under this clause, users bear the cost of defending Poshmark against claims arising from their use of the service, including attorney fees. For California residents, the agreement includes a waiver of a statutory protection that otherwise limits general releases to known claims, extending the indemnification to unknown claims.
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