Poshmark Terms of Service

This document governs user access to and use of the Poshmark peer-to-peer social commerce platform, operating under a clickthrough acceptance model with binding legal effect upon account creation or continued use. The most significant obligations include a mandatory binding arbitration clause with class action waiver, Poshmark's retention of a broad license over all user-submitted content, and a seller obligation to fulfill transactions at listed prices while absorbing all payment processing fees at a fixed 20% commission on sales over $15 (or $2.95 flat for sales under $15). Notable provisions that deviate from industry standard include the grant of a perpetual, irrevocable, sublicensable, royalty-free license to user content — including the right for Poshmark to use seller listings commercially — and the unilateral right to modify fees and terms with notice only via posting on the platform, without affirmative user consent. The document engages CCPA (California Consumer Privacy Act), FTC Act Section 5 unfair/deceptive practices standards, and COPPA given the platform's 13+ age restriction; the arbitration clause and class action waiver engage FAA preemption doctrine and have been subject to FTC scrutiny in analogous marketplace contexts. Compliance teams should note the fee structure's impact on seller net proceeds, the breadth of the IP license, and the absence of explicit GDPR-specific provisions despite Poshmark's international user base.

REGULATORY EXPOSURE: This document engages the FTC Act Section 5 (unfair or deceptive acts or practices) with the FTC as primary enforcement authority, given the platform's unilateral fee-modification and content license provisions. California Consumer Privacy Act (CCPA, Cal. Civ. Code §1798.100 et…