TERMS OF USE

Thank you for visiting www.thepositiveproject.org (the “Website”), which is owned and provided by the Positive Project (“TPP”). Your use and access of the Website is governed by and subject to the following terms and conditions. If you do not agree to these terms, or if you do not agree with our Privacy Policy which is available at http://www.thepositiveproject.org/privacy.php, please do not use the Website or any services offered by the Website.  BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Member Accounts—In order to use certain features of the Website, you will have to create an account (“Account”). You may never use another User’s Account without permission..
Intellectual Property Ownership—All text, videos, images, content, stories, comments, and other documents that are available on the Website, including any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (collectively the “Content”) are owned by TPP or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between TPP and you, all right, title and interest in and to the Content will at all times remain with TPP and/or its Owners.  The word “The Positive Project],” and  the Positive project logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of TPP.  With respect to any logos or marks of any persons, entities and/or companies submitted by other users of the Website (“Users”), such use is at the sole responsibility such Users stored upon TPP’s servers and/or system solely at the direction of such user, and subject to the protections afforded to TPP as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998.  Please see the Digital Millennium Copyright Act section below for more details on TPP’s policies and procedures regarding any issues in relation thereto.

Limited Use; Restrictions on Use—The use or misuse of any Content, except as provided in the Terms of Use or in the Content, is strictly prohibited.  You are permitted to use the Content and/or any services and products on the Website for lawful purposes only. TPP grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Content, without right to sublicense,  under the following conditions: you shall not, without TPP’s express written consent: (a) copy, retransmit, modify, disseminate, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute the Content, or modify or re-use all or part of the Content, (b) use any tradename, trademark, or brand name of TPP in metatags, keywords and/or hidden text, (c) create derivative works from the Content or commercially exploit the Content, in whole or in part, in any way, and (d) use the Website, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to TPP, the Owner, or any third party referenced therein. TPP reserves all other rights.  You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.  Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under TPP’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, TPP may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.

Social Media Sites and Third Party Links—From time to time, the Website may include features and functionality that allow you to interacts with other sites that are not under our control (“Linked Site”), including various social media websites (“Social Media Sites”).  TPP provides these features, functionality and links to you only as a convenience and does not endorse any Linked Sites or Social Media Sites.  TPP is not responsible for the contents or transmission of any Linked Site or  Social Media Site of for the terms of use or privacy practices of any Linked Site of Social Media Site You should carefully read the policies of any site you visit. Also, in the event that you use any Social Media Site to comment upon TPP or any of its products, you agree that you will always clearly and conspicuously disclose any material connection you have with TPP (if any) or any consideration you may receive from TPP in connection with your comment (if any). Under no circumstances are you authorized to make any claim regarding TPP or any of its products on any Social Media Site regardless of any material connection you may have with TPP or your receipt of any consideration. IF YOU MAKE ANY CLAIM REGARDING TPP OR ANY OF TPP’S PRODUCTS ON A SOCIAL MEDIA SITE IN VIOLATION OF THE FOREGOING, YOU, AND NOT TPP, SHALL BE THE SOLE AUTHOR OF SUCH CLAIM AND SHALL BE SOLELY LIABLE THEREFORE.  

Links—The Website may contain links allowing you to leave the Website for other sites that are not under our control (“Linked Site”).  Company provides the linked sites to you only as a convenience and does not endorse any Linked Sites.  Company is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses.  Company is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites.  Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk.  Company encourages you to carefully read the policies of each site you visit.

Submitted Ideas—While TPP appreciates your interest, it cannot accept any ideas or information you consider confidential and/or proprietary.  Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of TPP.  Further, you understand and acknowledge that TPP employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that TPP is only willing to consider the suggestion on these terms.  In any event, you acknowledge and agree that TPP assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea.  Without limitation, TPP shall exclusively own, and you hereby irrevocably transfer and assign to TPP, all now known or hereafter existing rights in and to the suggestion, and TPP shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.

Community Guidelines—The Website  may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (together with the TPP relevant sections of the Social Media Sites, the “Community Forums”).  Although TPP may from time to time review discussions, chats, comments, transmissions, bulletin boards, blogs, chat rooms, and other community forums available via the Website (the “Community Forums”), you acknowledge TPP is under no obligation to monitor or control, and shall have no liability for, any information available the Community Forums.  You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. TPP reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums. By using the Community Forums Content to this site, you: (a) direct TPP to store any comments, images, or other content that you submit (“Submissions”) on our servers and systems solely at your instruction, if applicable, (b) grant TPP an unlimited, perpetual, royalty-free, sub-licensable, transferable and irrevocable license to use, modify, or adapt the Submissions for any purpose whatsoever, including but not limited to incorporating the submission into Content that may be commercial in nature.  You are expressly prohibited from submitting any of the following (“Prohibited Submissions”):
  • Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Any Submission that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • Any Submission that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files; or
  • Any Submission that in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TPP or its affiliates or its users to any harm or liability of any type.

THIS WEBSITE IS NOT AN ARCHIVE AND TPP SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR LOSS, DAMAGE, OR DESTRUCTION TO YOUR SUBMISSION. YOU SHALL E SOLELY RESPONSIBLE FORMAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ANY SUBMISSION.

United States Only—By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the TPP Privacy Policy, you are transferring your personal information to the United States and you consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of  Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (iii) the exclusive jurisdiction of the courts of the United States and the State of  Colorado. Any claim or dispute between you and TPP that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Denver,  Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

DISCLAIMERS—WITHOUT LIMITING THE FOREGOING, THE CONTENT AND ALL OTHER FEATURES ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE AND/OR CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN TPP HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TPP, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, TPP DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. TPP RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.

LIMITATION OF LIABILITY—YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER TPP, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF TPP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TPP AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TPP AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Digital Millennium Copyright Act—TPP is committed to respecting and protecting the legal rights of copyright owners. As such,  TPP adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (i) be provided to TPP’s designated agent, (“Copyright Agent”), as set forth  below, and (ii) include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

TPP’s Copyright Agent to receive DMCA Takedown Notices is: copyright@thepositiveproject.org.

No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from TPP.

Ability to Accept Terms of Use—You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use

Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TPP without restriction.

Notice— From time to time, TPP may revise the Terms of Use.  To help you stay current of any changes, TPP takes the following two steps:  (1) TPP notes the date the Terms of Use was last updated below and (2) when TPP makes a change to the Terms of Use, TPP posts conspicuous announcements of such changes on the homepage of the Website for 30 days following the date the Terms of Use was updated.  Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy.  TPP strongly recommends checking Terms of Use periodically. If, and only if, TPP makes revisions to the Terms of Use that result in a material lessening of the restrictions on TPP’s use or disclosure of your Personal Information, TPP will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.  If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

Miscellaneous—TPP’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  If any part of the Terms of Use 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 Terms of Use shall continue in effect.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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