Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the
http://www.positivest.com website (the “Service”) operated by Positivest (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service is not directed to children younger than 13, and access and use of our Service is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older.
Use of our Service requires an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Responsibility of Contributors
If you comment on Positivest.com, post material to Positivest.com, post links on Positivest.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or. By submitting Content to Positivest you grant Positivest, its affiliates and sublicensees, a perpetual, worldwide, royalty-free, and non-exclusive license to copy, display, reproduce, modify, adapt, publish, transmit, make derivative works of, and distribute the Content (in whole or in part) in any media and to incorporate the Content into other works in any format or medium now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
This license allows Positivest to make publicly-posted content available to third parties selected by Positivest so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Positivest.com users permission to share your Content on other Positivest.com websites and add their own Content to it, so long as they use only a portion of your post and they give you credit as the original author by linking back to your website. If you delete Content, Positivest will use reasonable efforts to remove it from Positivest.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Positivest has the right (though not the obligation) to, in Positivest’s sole discretion, (i) refuse or remove any content that, in Positivest’s reasonable opinion, violates any Positivest policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Positivest.com to any individual or entity for any reason. Automattic will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Visitors
Positivest has not reviewed, and cannot review, all of the material posted to our Service, and cannot therefore be responsible for that material’s content, use or effects. By operating our Service, Positivest does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Positivest disclaims any responsibility for any harm resulting from the use by visitors of our Service, or from any downloading by those visitors of content there posted.
Positivest reserves the right to display advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Positivest on the Service are subject to change. In consideration for Positivest granting you access to and use of the Service, you agree that Positivest and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Positivest.com links, and that link to Positivest.com. Positivest does not have any control over those non-Positivest.com websites, and is not responsible for their contents or their use. By linking to a non-Positivest.com website, Positivest does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Positivest disclaims any responsibility for any harm resulting from your use of non-Positivest.com websites and webpages.
As Positivest asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Positivest.com violates your copyright, you are encouraged to notify Positivest. Positivest will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Positivest will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Positivest or others. In the case of such termination, Positivest will have no obligation to provide a refund of any amounts previously paid to Positivest.
This Agreement does not transfer from Positivest to you any Positivest or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Positivest. Positivest, the Positivest.com logo, and all other trademarks, service marks, graphics and logos used in connection with Positivest.com or our Service, are trademarks or registered trademarks of Positivest or Positivest’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Service may be the trademarks of other third parties. Your use of our Service grants you no right or license to reproduce or otherwise use any Positivest or third-party trademarks.
We are constantly updating our Service, and that means sometimes we have to change the legal terms under which our Service is offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Service within the designated notice period. Your continued use of our Service will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
Positivest may terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Positivest.com account (if you have one), you may simply discontinue using our Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Service is provided “as is.” Positivest and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Positivest nor its suppliers and licensors, makes any warranty that our Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Service at your own discretion and risk.
Limitation of Liability
In no event will Positivest, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Positivest under this agreement during the twelve (12) month period prior to the cause of action. Positivest shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Positivest, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Service, including but not limited to your violation of this Agreement.
These Terms shall be governed and construed in accordance with the laws of Iceland, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Effective: 9 November 2015.
Last updated: 9 November 2015.