WEBSITE TERMS AND CONDITIONS AGREEMENT BETWEEN USER AND POSITV
The Positiv website is comprised of various web pages exclusively owned and operated by Positiv.
This document provides important information regarding your use of the Positiv website. You are urged to read and understand it thoroughly prior to further accessing the Positiv website or utilizing any services provided therein. We also encourage you to periodically return to this page and access this information to review any changes or modifications that may have been made since your last review.
The Positiv website is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Positiv website acknowledges that you have read and understand these terms and conditions and that you agree to be bound by all such terms, conditions, and notices. If you do not agree to be bound by all of these terms, conditions and notices, promptly exit this page and the Positiv website without further accessing or using any other part of the Positiv website.
Links to Third Party Sites
The Positiv Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Positiv and Positiv is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Positiv is not responsible for web-casting or any other form of transmission received from any Linked Site. Positiv is providing these links to you only as a convenience.
No Endorsement of any Linked Site, its owners, operators, services or products is expressed or implied by any information, material or content referred to or included on or linked from or to the Positiv website.
Copyright and Trademark Notices
All contents of the Positiv website are registered trade-names and trademarks of Positiv and/or its suppliers. All rights are reserved and any unauthorized use of them is strictly prohibited. Likewise, the names of actual companies and products mentioned herein may be the trade-names and/or trademarks of their respective owners. The display of trademarks or trade-names on this website does not convey or create any license or other rights in the marks or names. All rights are reserved and any unauthorized use of them is strictly prohibited.
Any rights not expressly granted herein are reserved.
No Unlawful or Prohibited Use
As a condition of your use of the Positiv website, you warrant to Positiv that you will not use the Positiv website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Positiv website in any manner which could damage, disable, overburden, or impair the Positiv website or interfere with any other party’s use and enjoyment of the Positiv website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Positiv websites.
Use of Communication Services
The Positiv website may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit another user from using/enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Positiv has no obligation to monitor the Communication Services. However, Positiv reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Positiv reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Positiv reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Positiv’s sole discretion.
Positiv does not control or endorse the content, messages or information found in any Communication Service and, therefore, Positiv specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Positiv spokespersons, and their views do not necessarily reflect those of Positiv.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Positiv or Posted at Any Positiv Website
Positiv does not claim ownership of the materials you provide to Positiv (including feedback and suggestions) or post, upload, input or submit to any Positiv website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Positiv and its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Positiv is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Positiv’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the Positiv website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Positiv and/or its suppliers may make improvements and/or changes in the Positiv website at any time. Advice received via the Positiv website should not be relied upon for personal, medical, legal or financial decisions and you should consult and appropriate professional for specific advice tailored to your situation.
Positiv and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Positiv website for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Positiv and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
You agree to defend, indemnify and hold harmless, Positiv, its suppliers and affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned on the Positiv website, from and against any and all claims, actions, demands, including without limitation reasonable legal and accounting fees, alleging or resulting from you use of the Positiv website and the content or your breach of these Terms and Conditions.
Positiv reserves the right, with or without cause and in its sole discretion, to terminate your access to the Positiv website and the related services or any portion thereof at any time, without notice.
Choice of Law & General Provisions
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of the Positiv website. You agree to waive jurisdiction or venue in any other place. Use of the Positiv website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Caveat for International Users: This Site is controlled, operated and administered by Positiv from its offices within the United States of America. Positiv makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of California, U.S.A. without giving effect to its conflict of laws provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Positiv as a result of this agreement or use of the Positiv website. Positiv’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Positiv’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Positiv website or information provided to or gathered by Positiv with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Positiv with respect to the Positiv website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Positiv with respect to the Positiv. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Positiv reserves the right to change the terms, conditions, and notices under which the Positiv website is offered, including but not limited to the charges associated with the use of the Positiv website. It is the responsibility of the User of this site to periodically access this Website Terms and Conditions Agreement and to review it for any changes or modifications.