TERMS & CONDITIONS OF SERVICE
1. ACCEPTANCE OF TERMS
Welcome to Life Positive.
("LP"), provides its service to you, subject to the following
Terms and Conditions of Service ("TOCS"), which may be updated
by us from time to time without notice to you. You can review the most
current version of the TOCS at any time at the Lifepositive Help Center.
In addition, when using particular LP services, you and LP shall be
subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the TOCS.
2. DESCRIPTION OF SERVICE
LP currently provides users with access to a rich collection of on-line
resources, various communications tools, online forums, shopping services,
personalized content and branded programming through its network of
properties (the "Service"). Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including
the release of new LP properties, shall be subject to the TOCS. You
understand and agree that the Service is provided "AS-IS"
and that LP assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
LP has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, LP has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, please see our full
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify LP of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you
exit from your account at the end of each session. LP cannot and will
not be liable for any loss or damage arising from your failure to comply
with this Section 5.
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not LP, are entirely responsible for all Content that you upload,
post, email or otherwise transmit via the Service. Other than LP Online,
LP does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will LP be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of any Content posted, emailed
or otherwise transmitted via the Service.
You agree to not use the service for:
- Abusing or deriding anyone.
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, a LP official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose.
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose.
the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges.
with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service.
or unintentionally violate any applicable local, state, national or
- "Stalk" or otherwise harass another; or
- Collect or store personal data about other users.
You acknowledge that LP does not pre-screen Content, but that LP and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, LP and its designees shall have the
right to remove any Content that violates the TOCS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by LP or submitted to LP including,
without limitation, information in LP Message Boards, chat rooms, and
in all other parts of the Service.
You acknowledge and agree that LP may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOCS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of LP, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. FEES AND PAYMENTS
reserves the right at any time to charge fees for access to portions
of the Service or the Service as a whole. However, in no event will
you be charged for access to the Service unless we obtain your prior
agreement to pay such charges. Thus, if at any time LP requires a fee
for portions of the Service that are now free (e.g., a domestic subscription
fee), LP will give you advance notice of such fees and the opportunity
to cancel the account before such charges are imposed. All new fees,
if any, will be posted on the site and in other appropriate locations
on the Service. You shall pay all fees and charges incurred through
your account at the rates in effect for the billing period in which
such fees and charges are incurred, including, but not limited to charges
for any products or services offered for sale through the Service by
LP or by any other vendor or service provider. All fees and charges
shall be billed to and paid for by you. You shall pay all applicable
taxes relating to use of the Service through your account.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside.
PUBLIC CONTENT POSTED TO LP
(a) For purposes of the TOCS, "publicly accessible areas of the Service"
are those accessible by the general public. By way of example, a publicly
accessible area of the Service would include public LP message boards,
and chat rooms but would not include private LP communication services
such as LPMail.
(b) With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant LP the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display such Content (in whole or
part) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed.
You agree to indemnify and hold LP, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Content you submit, post to or
transmit through the Service, your use of the Service, your connection
to the Service, your violation of the TOCS, or your violation of any
rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that LP may establish general practices and limits concerning
use of the Service, including without limitation the maximum number
of days that LP Online articles, email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on LP's servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree that LP has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that LP reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge
that LP reserves the right to change these general practices and limits
at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that LP shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the
Service. Notwithstanding the foregoing, in the event that your Service
is terminated and you have a paid subscription to LP Online, you will
be credited for the balance remaining on your subscription as of the
date of termination.
You agree that LP, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, including LP Online
subscriptions, and remove and discard any Content within the Service,
for any reason, including, without limitation, if LP believes that you
have violated or acted inconsistently with the letter or spirit of the
TOCS. LP may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any
provision of this TOCS may be effected without prior notice, and acknowledge
and agree that LP may immediately deactivate or delete your account
and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
LP shall not be liable to you or any third-party for any termination
of your access to the Service, other than in the case of paid subscribers
to Life Positive
magazine, who will be credited for the balance remaining on their subscription
as of the date of termination
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that LP shall not be responsible
or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers
on the Service.
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because LP has no control over such sites
and resources, you acknowledge and agree that LP is not responsible
for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that LP shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or
LP'S PROPRIETARY RIGHTS
acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service, including the content of LP Online, is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by LP or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service, LP Online or the Software, in
whole or in part.
LP grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble
or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the
interface that is provided by LP for use in accessing the Service.
LP ONLINE CONTENT AND SUBSCRIBER SUBMISSIONS
18.1 The contents of LP Online are intended for your personal, noncommercial
use. All materials published in LP Online (including, but not limited
to news articles, photographs, images, illustrations, audio clips and
video clips, also known as the "LPO Content") are protected
by copyright, and owned or controlled by LP, or the party credited as
the provider of the LPO Content. You shall abide by all additional copyright
notices, information, or restrictions contained in any LPO Content accessed
through the Service.
18.2 The Service and its LPO Contents are protected by copyright pursuant
to U.S. and international copyright laws. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create
new works from, distribute, perform, display, or in any way exploit,
any of the LPO Content or the Service (including software) in whole
or in part.
18.3 You may download or copy the LPO Content and other downloadable items
displayed on the Service for personal use only, provided that you maintain
all copyright and other notices contained therein. Copying or storing
of any LPO Content for other than personal use is expressly prohibited
without prior written permission from LP, or the copyright holder identified
in the copyright notice contained in the LPO Content.
DISCLAIMER OF WARRANTIES
EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. LP EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- LP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
LIFEPOSITIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOCS.
LIMITATION OF LIABILITY
EXPRESSLY UNDERSTAND AND AGREE THAT LP SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF LP HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND
20 MAY NOT APPLY TO YOU.
to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOCS or other matters by displaying
notices or links to notices to you generally on the Service.
Life Positive, lifepositive.com, lifepositive.net, lifepositive.org and LifePositive Online and other Life Positive logos and product and service names (collectively the "Trademark") displayed on this Web Site are registered and unregistered trademarks of Life Positive its affiliates and others.
Nothing contained on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of Life Positive or such third party that may own the trademark displayed on this Web Site. Your misuse of the Trademark(s) displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited.
TOCS constitute the entire agreement between you and LP and govern your
use of the Service, superceding any prior agreements between you and
LP. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content or third-party
software. The TOCS and the relationship between you and LP shall be
governed by the laws of the State of New York without regard to its
conflict of law provisions. You and LP agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
New York, New York. The failure of LP to exercise or enforce any right
or provision of the TOCS shall not constitute a waiver of such right
or provision. If any provision of the TOCS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the TOCS remain in full
force and effect.
The section titles in the TOCS are for convenience only and have no legal
or contractual effect.
Please report any violations of the TOCS to our Customer Service department.