These are the terms and conditions of Live Positively
1. ACCEPTANCE OF TERMS
Welcome to Live Positively, these are the terms and conditions which govern the use of our website.
For the purpose of these Terms “Mobile Device” includes a Smartphone or other mobile or handheld device (such as a tablet) with an open operating system capable of exchanging data via 3G, 4G or wirelessly over a computer network (for example Apple OS iPhones, iPads, Kindle, Kindle Fire, Android OS phones tablets and Symbian OS phones and tablet devices).
These Terms apply regardless of whatever user device you are using (including desktop, laptop or mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other Mobile Device or technology whether now known or developed in the future).
You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us or subscribe for email or online services or send us an email.
The copyright in the material contained on, in, or available through this Website or any other Future Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or others and the selection and arrangement thereof, and all source code, software compilations is owned by or licensed to “ Live Positively”. All rights are reserved. You do not have any right, interest or title unless otherwise expressly indicated. The articles, designs and logos contained on or in this Website or Server are registered and owned by or licensed to “Live Positively”. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, the content of the website, without the prior written consent of “Live Positively”. You are permitted to print or download extracts for your personal use only. Content may not be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts for personal use, none of the content may be copied, edited, published, stored, or transmitted in any form whatsoever without the prior written consent of Live Positively.
3. CONTENT SUBMITTED TO THE WEBSITE
Information, data, text, music, software, sound, photographs, graphics, video, messages or others may be posted or uploaded (in public or privately) Any information, data, text, music, software, sound, photographs, graphics, video, messages or others which are posted or uploaded on to Live Positively or otherwise transmitted through this Website by any visitor to this Website is referred to as “Content”. Live Positively does not control the Content and, as such, is not responsible for it in any way whatsoever. In particular, Live Positively does not guarantee the accuracy, integrity or quality of such Content. Live Positively shall have the right (but not the obligation) in its sole discretion to delete, edit, lock, move or remove any Content without notice. Without limiting the foregoing, Live Positively shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through Live Positively and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate or objectionable in any way whatsoever or in respect of which Live Positively receives any complaint (whether valid, justified or not).If you upload, post or otherwise transmit any Content to a public part of Live Positively (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through Live Positively Site) you are wholly responsible for it. You hereby:
(a) grant Live Positively an irrevocable, perpetual, royaltyfree right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform or display any such Content in any form or medium anywhere in the World;
(b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content pursuant to the Copyright, Designs and Patents Act 1988 (as amended, superseded or replaced from time to time) (the “Act”) or equivalent legislation anywhere in the World.
4. MEMBER CONDUCT
You agree that when using the Website you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libelous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website any networks connected to this Website, or that contains any chain letters, pyramidselling schemes, bulk mail, junk mail or similar; or (c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or (d) Restrict or in any way inhibit any person from using this Website (e) Upload, post or otherwise transmit any Content which is unnecessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or (f) Upload, post or otherwise transmit any Content to a part of this Website which is irrelevant to the subject matter or the Content; or (g) Upload, post or otherwise transmit any Content to this Website using an email address provided by a free account service such as hotmail; or (h) Register yourself as a member of this Website or the forum provided through this Website, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or (i) Use this Website in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or (j) Breach the terms of any suspension or ban or seek alternative access. You acknowledge that you are solely responsible for maintaining a secure password for the purpose of gaining access to the member sections of this Website. You agree to indemnify Live Positively in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website other than in accordance with these Terms and Conditions.
5. DISCLAIMER / LIABILITY
This Website, Third Party Websites, links to the Third Party Websites, and any Content are provided on an ‘asis’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) Live Positively disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Third Party Websites, links to Third Party Websites, and Content; and (b) all implied warranties, terms and conditions relating to this Website, any Third Party Websites, links to Third Party Websites, Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, noninfringement and title are, as between Live Positively and you, hereby excluded. Live Positively makes no representation or warranty that this Website, and/or any Third Party Websites will be continuous, uninterrupted, secure or errorfree. Live Positively will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any Third Party Websites, links to Third Party Websites, the Content, Downloads or any products or services offered on or through this Website or Third Party Website, whether by Live Positively or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss. If Live Positively is liable to you directly or indirectly in relation to this Website, any Third Party Websites, links to Third Party Websites, the Content, Downloads or any products or services offered on or through this Website or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Live Positively granting you membership to this Website . Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Live Positively or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. This Website is controlled and operated by Live Positively. Live Positively makes no representation that content on this Website is appropriate or available for use in other locations.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Live Positively concerning your use of this Website and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Live Positively in relation to such matters. Live Positively reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorized representative on behalf of Live Positively. These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of Live Positively, to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Live Positively’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Live Positively in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favor of any person other than you, and Live Positively.