Terms of Service
Last updated: October 9, 2026
OVERVIEW
These Terms of Service ("Terms") are a contract between you and Posteritati ("Posteritati," "we," "us," or "our") that governs your use of posteritati.com (the "Site"), the Posteritati iOS app (the "App"), our gallery at 239 Centre St, FL 4, New York, NY 10013, and all related products and services, including our online store, custom framing, gift cards, user accounts and profiles, collection and wall features, and marketplace (together, the "Services").
By accessing or using the Services, creating an account, or placing an order, you agree to be bound by these Terms and by our Privacy Policy, which are incorporated here. If you do not agree, do not use the Services. If you use the Services for a business or organization, you confirm you may bind it to these Terms.
We may update these Terms by posting the revised version with a new "Last updated" date. For material changes affecting your account we will give notice by email or in the App where required. Your continued use of the Services after changes take effect means you accept them; if you do not, stop using the Services and you may close your account.
SECTION 1 - ELIGIBILITY AND ACCOUNTS
You must be at least 16 years old to create an account or use the App. You must be at least 18 years old, and a resident of the United States with a United States address, to sell on our marketplace (Section 9). If you are under the age of majority where you live, you may buy only with the involvement of a parent or guardian.
You may browse and buy as a guest, but some features (likes, wants, collection, lists, wall photos, marketplace offers) require an account. When you register you must provide accurate information and keep it current. You are responsible for keeping your password and devices secure and for all activity under your account. Tell us promptly at gallery@posteritati.com if you suspect unauthorized use. Sign-in tokens issued to the App remain valid on your device until you sign out or we revoke them.
Accounts are personal. Do not share, sell, or transfer your account. You may stop using the Services and ask us to delete your account at any time by emailing gallery@posteritati.com (see the Privacy Policy). Deleting your account does not cancel pending orders, marketplace transactions, or amounts owed.
SECTION 2 - USING THE SERVICES
You may not, and may not help others to:
- use the Services for any unlawful, fraudulent, or unauthorized purpose or in violation of any law or regulation;
- infringe or violate our or anyone else's intellectual property, privacy, or other rights;
- harass, abuse, threaten, defame, or discriminate against others, or post obscene, hateful, or otherwise objectionable material;
- submit false or misleading information, impersonate any person, or use a false email address;
- transmit viruses, worms, or any destructive code, or interfere with or circumvent the security or operation of the Services;
- collect or track the personal information of others, or spam, phish, pretext, spider, crawl, or scrape the Services (including through automated means or the App's programming interfaces) without our written permission;
- reproduce, duplicate, copy, sell, resell, or exploit any part of the Services, use of the Services, or access to the Services except as these Terms permit;
- use the Services to build a competing product, or manipulate offers, prices, popularity, or likes; or
- circumvent the marketplace by using it to find a buyer or seller and then completing the transaction elsewhere.
We may refuse service, suspend or terminate accounts, cancel orders or offers, or remove content at our discretion, including for violations of these Terms, with notice where practicable. Headings are for convenience only.
SECTION 3 - PRODUCTS, PRICING, AND ORDERS
Information. We describe our posters, merchandise, and other products as accurately as we can, including condition, size, edition, and provenance. Vintage items are inherently variable, and images and colors on screens may differ from the item. The Services also contain historical and reference information (for example about films, artists, and posters) provided for general information only. We do not guarantee that information is complete, accurate, or current, and you should not rely on it as the sole basis for a decision.
Prices and availability. Prices are in U.S. dollars unless stated otherwise and may change without notice. Items are usually one-of-a-kind or in limited quantities, and an item in your cart or on your wish list is not reserved until you complete payment. We may correct errors, inaccuracies, or omissions (including pricing and availability) at any time, including after you have submitted an order, in which case you may cancel the order and we will refund you in full.
Orders. Your order is an offer to buy. We may accept or refuse it, and may limit or cancel quantities per person, household, or order, including orders that appear to be placed by dealers, resellers, or distributors. Acceptance occurs when we ship the item or confirm that it is ready for pickup. If we change or cancel an order we will try to notify you using the contact information you provided.
Payment. You agree to provide current, complete, and accurate purchase and account information and to promptly update it. We accept the payment methods shown at checkout, which may include credit and debit cards, Apple Pay, PayPal, and Klarna (for eligible orders), as well as gift cards and promo codes. Payments are processed by third-party providers under their own terms. Gift cards and promo codes cannot be combined except as stated at checkout and may have conditions or expiry dates as shown. Invoices we send to trade or wholesale customers must be paid by the due date shown.
Taxes and duties. Sales tax is collected where required. For international shipments, you are responsible for any import duties, taxes, and customs fees unless we state otherwise at checkout.
Shipping and risk of loss. Shipping charges, methods, and estimated delivery times are shown at checkout; estimates are not guaranteed. Risk of loss passes to you on delivery (for consumers in the EU and UK, as the law provides). Please inspect your package on arrival and tell us right away about any damage.
Local pickup. Orders marked for local pickup are held at our gallery for the period shown in your pickup notification. Bring your order confirmation and photo ID.
Custom framing. Custom frames are made to your specifications.
Gift cards. Gift cards are available between $20 and $1,000 online and can be delivered by email or postal mail. They are redeemable in person, by phone, or online (one gift card per online order). Treat a gift card like cash: we are not responsible for lost, stolen, or misused gift cards, and they are not refundable or redeemable for cash except where required by law. Gift card balances do not expire unless stated at purchase and permitted by law.
Rewards. If we offer a rewards program, rewards have no cash value, may be changed or ended, and may be revoked for abuse or fraud.
SECTION 4 - RETURNS, CANCELLATIONS, AND CONSUMER RIGHTS
Our Return Policy is at https://posteritati.com/faq/returns and is part of these Terms. In summary: in-person gallery purchases are final sale (exchanges within 3 days with a receipt); most online orders are returnable if you notify us within 48 hours of receipt and return the item promptly in the condition received; online local-pickup orders are returnable within 7 days of the order date; custom frames are not refundable; sourced items are returnable only if not as described; and shipping charges are generally not refundable.
EU and UK consumers. If you are a consumer in the European Union, the European Economic Area, or the United Kingdom, nothing in these Terms limits the mandatory rights you have under the consumer law of your country of residence. In particular:
- Right of withdrawal. For orders placed online or through the App, you have the right to withdraw from the contract without giving a reason within 14 days after you receive the goods (or, for orders delivered in several parts, the last part). To withdraw, tell us in a clear statement (for example by email to gallery@posteritati.com) before the period expires, then return the goods to us without undue delay and in any event within 14 days after telling us. You pay the direct cost of returning the goods. We will refund the price and the standard outbound delivery cost no later than 14 days after we receive the goods back or you show proof you sent them, using the same payment method. We may reduce the refund if you handled the goods beyond what is needed to establish their nature and condition.
- Exceptions. The right of withdrawal does not apply to goods made to your specifications or clearly personalized (such as custom frames), to goods that cannot be returned for health or hygiene reasons if unsealed, or to the other exceptions in the law. Gift card purchases can be withdrawn only before the gift card has been delivered or redeemed.
- Legal guarantee. Goods must conform to the contract. EU and UK consumers keep their statutory remedies (repair, replacement, price reduction, or refund) for non-conforming goods, which in the EU last at least two years from delivery. Our disclaimers in Section 14 do not limit those rights.
If you are a U.S. consumer, our Return Policy and applicable state law govern your rights.
SECTION 5 - OUR INTELLECTUAL PROPERTY AND LICENSE TO YOU
The Services, including their design, text, graphics, software, databases, photographs, and the arrangement of our catalog, are owned by Posteritati or our licensors and are protected by copyright, trademark, and other laws. Poster artwork and film imagery belong to their respective rights holders and are shown to identify and describe the items we sell. Selling a physical poster does not transfer copyright in its artwork.
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site, and to download and use the App on an Apple device you own or control, for your personal, non-commercial use. All rights not granted are reserved. You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Services except as permitted by law.
SECTION 6 - YOUR CONTENT
You may upload or provide content such as profile information, collection captions, notes, condition details, lists, wall photos, collection photos, and comments or suggestions ("Your Content").
Ownership and license. You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, resize, convert (for example, from HEIC to JPEG), display, and distribute Your Content as needed to operate, promote, and improve the Services, including displaying it publicly if your profile or list is public. This license ends when you delete Your Content or your account, except for copies in backups, content you shared that others have copied, and content connected to a completed transaction that we must keep as a record. Where you send us suggestions, ideas, or feedback, you agree we may use them without restriction or compensation and without any obligation to keep them confidential.
Your promises. You promise that you own or have the necessary rights to Your Content, that it does not violate any law or anyone's rights (including copyright, trademark, privacy, and publicity rights), and that it is not unlawful, abusive, obscene, defamatory, or misleading, and does not contain malware. Do not upload photos showing other people's faces, personal information, or sensitive details. You are solely responsible for Your Content.
Public content and privacy settings. If your profile is public, your username, profile details, collection, wants, likes, public lists, and wall photos can be seen by anyone. You can make your profile and lists private at any time, but wall photos can be uploaded only while your profile is public.
Moderation and reporting. We may, but are not obliged to, monitor, edit, or remove Your Content or limit your account if we believe it violates these Terms, the law, or others' rights, or for any other reason in our reasonable discretion. We do not review content in advance. To report content that you believe is unlawful or violates these Terms, email gallery@posteritati.com with the username, a description of the content, and why you believe it is a problem; we will review reports promptly and act where appropriate. We may disable accounts of users who repeatedly violate these Terms or others' rights.
Copyright complaints (DMCA). If you believe content on the Services infringes your copyright, send a notice including your contact information, a description of the work, the location of the allegedly infringing material, a statement of good-faith belief that the use is not authorized, a statement under penalty of perjury that the notice is accurate and that you are the owner or authorized to act for the owner, and your signature, to gallery@posteritati.com. We may remove material and terminate repeat infringers' accounts.
SECTION 7 - THE APP
Apple. These Terms are between you and Posteritati, not Apple. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for it. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the App. Posteritati, not Apple, is responsible for addressing any claims relating to the App or your possession and use of it, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection claims, and for any third-party intellectual property claims. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country and are not on any U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the App, and on your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary. You must comply with applicable third-party terms (such as your wireless data service agreement) when using the App. The App is licensed, not sold, and the license is subject to the Usage Rules in Apple's Media Services Terms.
Updates, permissions, and notifications. We may update the App or require an update to keep using it. The App may ask for permission to send push notifications and to access your photos or camera when you choose to upload a photo. You can change these permissions at any time in iOS Settings. Push notifications may include offer status, shipping updates, and (if you opt in) restock alerts and promotions.
Checkout in a browser. Checking out from the App may open our website in a secure in-app browser, signed in to your account or cart using a single-use token. Your purchase is then governed by these Terms and our Privacy Policy.
Availability. We do not guarantee that the App or the Services will be available on every device or at all times.
SECTION 8 - COLLECTION, WANTS, LISTS, AND WALLS
The collection, wants, likes, lists, and wall-photo features let you catalog and share posters you own or are interested in. A poster appearing on a user's collection or wall does not mean we have verified that they own it, its condition, or its authenticity, and you should not rely on those entries when making a purchase decision. We may change, limit, or discontinue these features at any time.
SECTION 9 - MARKETPLACE
The marketplace lets eligible U.S.-based users offer posters from their collection for sale, and lets other users make offers on them. This Section applies in addition to the rest of these Terms.
Posteritati's role. Posteritati sells marketplace items to buyers as the seller. The user who lists an item (the "Seller") supplies the item to us and is paid under this Section. Buyers contract with Posteritati, not with the Seller, and the buyer's rights are those described in these Terms and in our Return Policy. The Seller and the buyer have no direct contract with each other through the Services, and neither may exchange contact details to complete a sale outside the marketplace.
Eligibility. Sellers must be at least 18, be a resident of the United States with a U.S. ship-from address, own the item they offer or have legal authority to sell it, and complete payout setup with our payment partner, Stripe, which requires verification of identity and bank details and is subject to Stripe's own terms, including the Stripe Connected Account Agreement. We may refuse, suspend, or end any user's participation.
How it works.
- A Seller marks an item in their collection as accepting offers and, optionally, sets a minimum offer.
- A buyer submits an offer. An offer is open for the limited time displayed in the App (currently 24 hours), after which it expires. The Seller may accept, reject, or counter. The buyer may withdraw a pending offer. A buyer can have only one pending offer on an item.
- Before accepting, the Seller sees the amount they will receive: the agreed price less our selling fee and the cost of the prepaid inbound shipping label. The fee is based on the sale price and a minimum fee applies; the schedule applicable to your sale is shown to you in the App before you accept. Accepting an offer is a binding commitment to sell the item at that price.
- After acceptance, the buyer has a limited time (currently 24 hours) to pay through checkout. If the buyer does not pay in time the offer lapses and may be recorded as a no-show; we may restrict buyers who repeatedly fail to complete accepted offers. Payment is made to Posteritati.
- When the buyer has paid, we email the Seller a prepaid shipping label. The Seller must ship the exact item, securely packed (for example, rolled in a sturdy tube or flat, protected from damage), by the date in our notice. We may send reminders and may cancel the sale and refund the buyer if the Seller does not ship promptly.
- When we receive the item we inspect it. We may compare it with the Seller's description and photos. If the item is not as described, is damaged in transit because of inadequate packing, is not authentic, or is otherwise unsuitable, we may reject it, reduce the price with the buyer's agreement, return it to the Seller (the Seller bears return costs where the problem is the Seller's), or cancel the sale and refund the buyer.
- If the item passes inspection, we ship it to the buyer and, after the transaction is completed under our policies (including any return window), we transfer the Seller's net proceeds to the Seller's Stripe account. Payout timing depends on Stripe and the Seller's bank. We may withhold or reverse a payout if the sale is refunded, charged back, disputed, or involves fraud or breach of these Terms.
Seller promises. Sellers represent that the item is as described (including condition, folds, tears, fading, backing, pinholes, and restoration), that the photos are of the actual item, that they have good title, and that the item is genuine and not stolen, counterfeit, or reproduced. Sellers must accurately describe condition using the condition grading system. Sellers are responsible for any taxes on their own income from sales and for Stripe's requirements; we may report payouts to tax authorities as the law requires.
Buyer terms. Buyers' payment, taxes, shipping, and returns are as described in Sections 3 and 4. Buyers acknowledge that marketplace items are vintage and sold as described by the Seller and verified by us, and that items are sourced from third parties.
Offers are not guaranteed. Offers, counteroffers, and acceptances may be unavailable if the item was sold elsewhere, withdrawn, or removed. Fees, shipping costs, time limits, and processes may change; the terms displayed when you submit or accept an offer apply to that transaction.
SECTION 10 - THIRD-PARTY SERVICES AND LINKS
The Services may use or link to third-party tools, services, and websites that we do not control, including payment providers (Stripe, PayPal, Klarna, Apple Pay), shipping carriers, and social media. They are provided "as is" and "as available" without endorsement, and your use of them is subject to the third party's terms and privacy policy. To the maximum extent permitted by law, we are not responsible for third-party content, products, services, or transactions. Complaints about third-party products or services should be directed to that third party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the Services is governed by our Privacy Policy.
SECTION 12 - SMS COMMUNICATIONS
Sign up for SMS communications if you'd like to:
- Communicate with us directly through text message if you have specific questions about your account
- Schedule appointments and receive reminders about upcoming appointments through text message
- Be alerted about our new features and products
To opt in to receive text messages from Posteritati you must:
- Text the word START to (212) 226-2207 OR
- Fill out the Contact Us form on our website at https://posteritati.com/contact and click "I Consent" to sign up for SMS communications
To opt out from receiving text messages from Posteritati you must:
- Text the word STOP to (212) 226-2207 OR
- Call us at (212) 226-2207 and let us know that you'd like to stop receiving messages OR
- Email us at gallery@posteritati.com and let us know that you'd like to stop receiving messages
You can learn more about text messages from Posteritati at any time by:
- Texting the word HELP to (212) 226-2207 OR
- Calling us at (212) 226-2207 OR
- Emailing us at gallery@posteritati.com
If you choose to opt in to SMS communication from Posteritati:
- Message frequency may vary
- Message and data rates may apply
- Your consent to receive text messages is voluntary, is not a condition of any purchase, and you may revoke it at any time by replying to any text message with STOP
- Carriers are not liable for delayed or undelivered messages
Call us at (212) 226-2207 or send us an email at gallery@posteritati.com if you have any questions. Our Privacy Policy explains how we handle your phone number and consent information.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), subject to your right to a refund of amounts paid for a cancelled order. We undertake no obligation to update, amend, or clarify information in the Services, except as required by law.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
For all users, to the extent permitted by law: We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, or that results from using them will be accurate or reliable. We may suspend, modify, or discontinue the Services (or any part) at any time, and will give notice where reasonably practicable. Except as expressly stated in these Terms or required by law, the Services and all products and services provided through them are provided "as is" and "as available," without warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Vintage and collectible items are sold as described and with the age-related characteristics of their kind.
To the maximum extent permitted by law, Posteritati and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, savings, or data, or replacement costs, arising from or related to your use of (or inability to use) the Services or any product, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility. To the maximum extent permitted by law, our total liability for any claim relating to the Services will not exceed the greater of the amount you paid us for the order giving rise to the claim and $100.
Consumers. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intentional or grossly negligent conduct (where the law of your country does not permit exclusion), or any mandatory consumer rights you have in your country of residence.
SECTION 15 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Posteritati and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees from any claim, demand, loss, or expense, including reasonable attorneys' fees, made by any third party arising from your breach of these Terms or the documents they incorporate, Your Content, items you offer on the marketplace, or your violation of any law or any third party's rights. This Section does not apply to consumers in jurisdictions where such an obligation is not permitted.
SECTION 16 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and the unenforceable portion will be severed. That determination will not affect the validity and enforceability of the remaining provisions.
SECTION 17 - TERMINATION
These Terms apply until terminated by you or us. You may stop using the Services and close your account at any time by contacting us. We may suspend or terminate your access to the Services, with or without notice where permitted, if we believe you have breached these Terms, if required by law, or to protect the Services or other users. On termination, the rights granted to you end, you remain liable for all amounts due up to the date of termination, and any provisions that by their nature should survive (including Sections 5, 6, 14, 15, 19, and this Section) will survive. Obligations and liabilities incurred before termination survive for all purposes.
SECTION 18 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms is not a waiver of it. These Terms, together with our Privacy Policy, Return Policy, and any policies, operating rules, or in-App or on-Site terms we post for specific features (such as marketplace terms displayed at the time of an offer), are the entire agreement between you and us regarding the Services and supersede any prior agreements, communications, and proposals, whether oral or written. Any ambiguity will not be construed against the drafting party. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
SECTION 19 - GOVERNING LAW AND DISPUTES
These Terms and any dispute relating to the Services are governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-law rules. You and Posteritati agree to the exclusive jurisdiction of the state and federal courts located in New York County, New York, for any dispute, except that either of us may seek injunctive relief in any competent court to protect intellectual property or confidential information.
Consumers in the EU, EEA, and UK. If you are a consumer residing in the EU, EEA, or UK, you also benefit from the mandatory consumer protection provisions of the law of your country of residence, nothing in this Section removes those protections, and you may bring proceedings in the courts of your country of residence. Before going to court we encourage you to contact us at gallery@posteritati.com so that we can try to resolve the problem informally. You may also use any alternative dispute resolution body available in your country.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time at https://posteritati.com/terms. We may update, change, or replace any part of these Terms as described in the Overview. The date of the latest revision appears at the top of this page.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at gallery@posteritati.com.
Posteritati gallery@posteritati.com 239 Centre St, FL 4, New York, NY 10013, United States +1 (212) 226-2207