Poshmark · Poshmark Terms of Service

Indemnification by Users

High severity
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What it is

If Poshmark gets sued or faces legal costs because of something you did on the platform — including inadvertently infringing someone's copyright with a listing photo — you are personally responsible for paying Poshmark's legal bills and any resulting damages.

Consumer impact (what this means for users)

A casual seller who unknowingly posts a brand's trademark photo in a listing could be personally required to pay Poshmark's attorney's fees and any damages awarded against Poshmark as a result — an unexpected and potentially catastrophic financial risk for everyday users.

Cross-platform context

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Why it matters (compliance & risk perspective)

This broad indemnification clause means ordinary users could face significant personal financial liability for routine selling activities, such as unknowingly posting a photo that infringes a copyright.

View original clause language
You agree to defend, indemnify and hold harmless Poshmark and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Broad consumer-side indemnification clauses in marketplace TOS engage FTC Act Section 5 (deceptive practices if not clearly disclosed) and California Civil Code §1668 (which limits indemnification clauses that extend to willful misconduct). California UCL (Bus. & Prof. Code §17200) may apply if the indemnification clause operates to shift Poshmark's own IP enforcement costs onto ordinary users in an unfair manner.

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Applicable agencies

  • FTC
    The FTC can challenge overbroad consumer indemnification clauses as unfair or deceptive practices under FTC Act Section 5.
    File a complaint →
  • State AG
    California AG enforces the UCL and CLRA against consumer contracts containing unconscionable indemnification provisions.
    File a complaint →

Provision details

Document information
Document
Poshmark Terms of Service
Entity
Poshmark
Document last updated
April 29, 2026
Tracking information
First tracked
April 28, 2026
Last verified
April 28, 2026
Record ID
CA-P-003752
Document ID
CA-D-00333
Evidence Provenance
Source URL
Wayback Machine
SHA-256
2cc924fa513a0bd8e9feec282ca6e11d838f46832da0f5416673dd4f3402c29f
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Poshmark | Document: Poshmark Terms of Service | Record: CA-P-003752
Captured: 2026-04-28 05:44:31 UTC | SHA-256: 2cc924fa513a0bd8…
URL: https://conductatlas.com/platform/poshmark/poshmark-terms-of-service/indemnification-by-users/
Accessed: May 2, 2026
Classification
Severity
High
Categories

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