This is a legal Agreement between you and PositivesDating.com (www.positivesdating.com,
read the Agreement carefully before registering for the PositivesDating.com
service. By registering for PositivesDating.com, you become a Member of the
Service, and you agree to be bound by the terms and conditions of this
Agreement for as long as you continue to be a Member. If you do not agree to
the terms, please do not register for the PositivesDating.com service. The
terms are subject to change by PositivesDating.com at any time, effective upon
notice to you.
www.PositivesDating.com Service Contract
1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
The Service is provided to you under the terms and conditions of this
PositivesDating.com Service Agreement and any amendments to it and any
PositivesDating.com operating rules or policies. This Agreement applies to each
service separately or collectively.
By completing the registration process and clicking the checkbox labeled
"I have read and understood the foregoing agreement and agree to be bound
by all of its terms", you declare that you are at least 18 years old and
agree to be bound by the Agreement.
You must be 18 years old or older to use PositivesDating.com and/or any
of its programs, services, and/or other companies including PositivesDating.com
and any of its services.
Participating in, using and/or registering for this Service means you
or any individual part of it, you may not use this Service.
You hereby acknowledge, understand and agree that all information
disclosed by you to PositivesDating.com and all of its other companies, has
been disclosed freely and knowingly, and that any and all information posted in
or on the PositivesDating.com site or any other site owned by
PositivesDating.com will be used in furtherance of the services
PositivesDating.com offers. The information will not be disclosed knowingly or
willfully to any third party without your authorization as described in detail
and required by the Services offered by PositivesDating.com.
You acknowledge that by submitting any type of communications to
PositivesDating.com, no fiduciary, confidential, contractually implied or other
relationship is created between you and PositivesDating.com or any of its
subsidiary or affiliate other than those subject to these terms and conditions.
PositivesDating.com shall not be responsible for any payment of money to any
party in connection with PositivesDating.com and/or any of its other companies
and/or affiliates use of communications submitted by you to the site in any
You assume all risk and/or responsibility for damage or loss arising
indirectly or directly from the use of the PositivesDating.com service.
You may not transmit, post, or otherwise use any information made
available by the Service or the site PositivesDating.com without the express
permission of the owner of that information.
You shall not interfere or attempt to interfere with the operation of the
Site, Service and/or Software in any way through any means or device including
but not limited to uploading computer viruses, hacking, spamming and/or time
bombs, or by means expressly prohibited by any provisions of these Terms and
You and/or any Member and/or Guest may not at any time attempt to use or
act upon any software, robot, and bot, spider and/or any other means of
entering the System and/or Service. You may not post any type of service or URL
for any reason.
You, Member and/or Guest may not use PositivesDating.com or any of its
other companies or services to transmit libelous, racist, vulgar, or otherwise
offensive and/or illegal material.
PositivesDating.com is not responsible for any disruptions, errors,
delays, information, quality, content, accuracy, or any other aspect of the
information provided by PositivesDating.com or in its transmissions.
You agree that PositivesDating.com, LLC and/or any and all of its other
companies, subsidiaries, partners, affiliates will not be liable and, will have
no liability for any punitive, consequential, direct or indirect, special or
incidental damages, whether foreseeable or unforeseeable to you for any damages
or loss, either consequential or actual, arising out of or relating to these terms,
or to your or any third party use or inability to place content on a Site, to
use a Site, or to your reliance on information obtained from or through a Site,
in particular, PositivesDating.com and any of its other sites and/or companies
and/or any Site owned by PositivesDating.com. This includes but is not limited
to claims of errors, interruptions, defamation, loss of data in availability of
data, arising out of or relating to these terms, your use or inability to use a
site, or to your placement of content on a site, or to your reliance upon
information obtained from or through a Site, whether based in contract, tort,
statutory or other law, except only in the case of death or personal injury
where and only to the extent that applicable law requires such liability.
PositivesDating.com has and reserves the right to remove anything that it
deems in its sole and absolute discretion and in compliance with relevant laws,
harmful, or otherwise unfit.
PositivesDating.com reserves the right to cancel any membership without
prior notice and/or access without prior notice of any User, Member, and/or
Guest, who does not comply with these and all rules.
PositivesDating.com is not responsible for any misuse of information or
material provided. PositivesDating.com is not obligated to monitor, verify or
review any information provided nor does it monitor transmissions for quality
or content. PositivesDating.com does monitor the contents in its services, but
is not obligated to do so.
PositivesDating.com shall have the right for any reason, in its sole
discretion, to suspend, change, terminate, or discontinue any aspect of the
site, including but not limited to features, content or hours of availability.
PositivesDating.com may also impose limits on certain services and features or
restrict your access to parts or the entire Site without notice or liability.
PositivesDating.com is not responsible for the contents of any off site
pages referenced from the Site. You specifically acknowledge that
PositivesDating.com and/or any Partners and/or related Sites and Services, are
not liable for the illegal, offensive, or defamatory conduct or anything else
related to the use of other users, third parties or links. Solely you undertake
the risk of injury from the foregoing.
Any and all links from PositivesDating.com and/or all other sites owned
and/or operated by PositivesDating.com on the World Wide Web and/or the
Internet, to other sites do not constitute an endorsement from
PositivesDating.com or any of its partners, affiliates, and/or other sites or
services. These links are provided as an information service only. It is the
responsibility of the user to evaluate the content and usefulness of
information from these links.
PositivesDating.com reserves the rights, at its sole discretion, to
modify, change, add or remove any portion of these terms and conditions of use,
in whole or in part, at any time. Changes in these terms and conditions of use
will be effective from the time they are posted on the Site. You agree to
review these terms and conditions of use periodically to be aware of any
changes. Your continued use of the site after changes to these terms and
conditions of use will be considered as your Acceptance of those changes.
PositivesDating.com can own, control, license or has the right to use and
provide the Site and all material on the site including, without limitation,
tables, text, images, illustrations, photographs and/or content. The Site is
protected by copyright as a collective work and/or compilation, pursuant to
copyright laws, international conventions. PositivesDating.com is the owner of
the copyright of the entire Site.
You agree to abide by any and all information, restrictions, and/or
copyright notices displayed on the Site.
Your comments and suggestions on PositivesDating.com, the Site, the
Service and/or the Software are welcome. Any or all information, suggestions,
ideas, comments and/or text becomes the property of PositivesDating.com with no
commission or money to be exchanged in return.
At the sole discretion of PositivesDating.com the Company may be free to
pay a commission or exchange of money for ideas, but PositivesDating.com is
under no obligation to pay any money at any time for anything sent to
PositivesDating.com reserves the right to use any materials or
information you provide to it or that it obtains through your use of the Site,
Software, Service, offline Sites and/or any other Partner, affiliate, or any company,
service, system, software, or any other means, owned by, related to and/or
partner of PositivesDating.com, to the fullest extent permitted by law.
Anytime you, Member and/or Guest upload files, messages, enter data or
engage in any other form of communication, individually or collectively within
the site, you grant to PositivesDating.com a perpetual, World Wide, and
irrevocable, unrestricted, non-restricted, non-exclusive, royalty-free license
to use. This includes use for promotional and advertising purposes, copy,
license, and sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such communications and
any ideas or original materials contained in such communications, in all media
now known or hereafter developed. This grant shall include the right to exploit
any and all proprietary rights in such communications including, without
limitations, any and all rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction.
You waive all rights you may have to inspect and/or approve of any use by
PositivesDating.com of any material or idea, submitted by you in any
communication or to receive any compensation for such use.
You waive all rights to any claim against PositivesDating.com for any
alleged or actual infringements of any proprietary rights, rights of privacy
and publicity, moral rights, and rights of attribution in connection with such
You agree and understand that PositivesDating.com is under no obligation
to use any material or idea submitted by you in any communication in any way
You agree to indemnify and hold harmless, PositivesDating.com, and/or
each of its stand-alone services, its parents, subsidiaries, affiliates,
officers, advertisers, employees, agents, and third parties from and against
any claims, liabilities, losses, costs, damages or expenses. This includes but
is not limited to Attorney's fees arising from the use of or participation in
the PositivesDating.com service or the information contained in it.
All statements made regarding PositivesDating.com also pertain to all
companies owned by PositivesDating.com, LLC.
You are solely responsible for the quality, accuracy of information and
content you provide.
2.0 MEMBER'S REGISTRATION INFORMATION
As a condition for using the Service, you agree to:
Provide true, accurate, current and complete
information about yourself as prompted during the registration process,
including but not limited to the Contact Information form
a. To maintain and update this information to
keep it true, accurate, current and complete.
If any information provided by you is found to be untrue, inaccurate,
non-current or incomplete, PositivesDating.com has the right to terminate your
membership and refuse any and all current or future use of the
3.0 MEMBER INFORMATION & EMAIL
PositivesDating.com considers non-public member membership information,
including but not limited to information provided during the registration process
and e-mail communications transmitted through the Service, to be private
information. PositivesDating.com shall not disclose such information to any
third parties without your consent. Except when you agree that this excludes
the circumstances, PositivesDating.com may do so in the good faith that such
action is reasonably necessary:
To comply with the law;
To comply with legal process;
To enforce the Agreement;
To respond to claims that such
content violates the rights of third-parties;
To protect the rights or
interests of PositivesDating.com; or
To protect the rights or
interests of PositivesDating.com users or others.
You understand and agree that PositivesDating.com may access the content
of your membership in order to identify and resolve technical problems or
4.0 MODIFICATIONS TO SERVICE AGREEMENT
PositivesDating.com may change the Agreement from time to time. You may be
informed of any such changes by a notice on the log-in page of the Service
stating that the Agreement has changed. Your continued use of the Service after
PositivesDating.com has posted such notice constitutes your acceptance of any
5.0 MODIFICATIONS TO SERVICE
PositivesDating.com reserves the right to modify or discontinue, temporarily or
permanently, the PositivesDating.com Service with or without notice to you.
You agree that PositivesDating.com shall not be liable to you or any
third party for any modification or discontinuation of the Service.
6.0 MEMBER CONDUCT
You agree to be solely responsible for the contents of your transmissions to or
through the Service and for your interactions with other PositivesDating.com
You agree to abide by all
applicable local, state, national, and international laws and regulations in
your use of the Service, and agree not to attempt to gain unauthorized access
to other computer systems or networks connected to the PositivesDating.com
Service. You also agree not to interfere with the use and enjoyment of the
Service by other members.
You agree not to transmit any
unlawful, harassing, libelous, privacy invading, sexually and/or racially
offensive, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind.
You agree not to transmit any
material that violates the rights of another, including but not limited to the
intellectual property rights of another.
You agree not to transmit
"junk mail", "spam," "chain letters,. or unsolicited
mass distribution of email, or to use the PositivesDating.com Service for any
You agree not to include in
your public profile any telephone numbers, street addresses, last names, URLs,
email addresses, offensive anatomical or sexual references or offensive
sexually suggestive language. You also agree not to post any photos containing
offensive material in any areas on the Site/Service, which are accessible to
the public or PositivesDating.com's Membership. PositivesDating.com reserves
the right, but has no obligation, to reject or remove any profile or photo that
does not comply with the letter or spirit of the Agreement.
Your membership in the
PositivesDating.com Service is for your sole personal use. You may not
authorize others to use your membership and you may not assign or otherwise
transfer your membership to any other person or entity. You are responsible for
logging out if your computer is accessible to others. This prevents
7.0 NO RESALE OF SERVICE
You agree not to resell the PositivesDating.com Service or use of or access to
You agree that PositivesDating.com may, in its sole discretion, terminate or
suspend your access to all or part of the Service for any reason, including,
without limitation, breach of the Agreement or any subsequent modifications, or
attempt to assign to anyone your membership. You acknowledge and agree that
termination may be effected without prior notice, and acknowledge and agree
that PositivesDating.com may immediately delete files in your membership and
bar any further access to it.
PositivesDating.com shall not
be liable to you or any third party for the termination of Service or any
claims related to the termination of Service. Any suspected fraudulent, abusive
or illegal activity may be termed as grounds for termination of your membership
and may be referred to appropriate law enforcement authorities.
Should you object to any terms
and conditions of the Agreement, or any subsequent changes to the Agreement, or
become dissatisfied with the Service in any way, your only recourse is too
Send a message to Customer
Service using your "Submit A Question: link in your Member Menu, telling the
staff that you would like your account to be terminated. Then follow by Cancelling your membership
through the menu. PositivesDating.com
staff will review your request and ensure that you have been deleted in
entirety from our system and database.
Your membership under this
Agreement shall be available for an unspecified term on an .at will. basis. You
agree that your membership may be terminated immediately for any reason
whatsoever. The termination of membership will terminate your right to use the
PositivesDating.com Service and the PositivesDating.com web site and database.
9.0 REFUND POLICY
You may suspend your membership at any time, but it will remain active through
the full term of your membership agreement. Early termination of your
membership does not result in a prorated refund.
Your membership may be cancelled at any time during the free trial period
without charge. To cancel your trial membership simply do the following:
Send a message to Customer Service using the 'Submit A Question' link in
the Member Menu, requesting to the staff that your account be entirely
deleted. Then follow by cancelling your
membership through the menu.
PositivesDating.com staff will review your request and ensure that you
have been deleted in entirety from our system and database.
10.0 DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
Your correspondence, transactions or other dealings with advertisers,
PositivesDating.com partners, Gift Store vendors or other third parties
available on or linked through the Service, including but not limited to
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, partner, vendor or other third party.
PositivesDating.com does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from
such parties or resources.
You agree not to hold PositivesDating.com liable for any loss or damage
of any sort incurred as the result of the presence, availability or
non-availability of the advertisers, partners, vendors or other third parties
available on or through the Service, or as the result of any dealings with such
parties, including but not limited to attendance at events advertised or
purchase or use of goods or services offered on or through the PositivesDating.com
11.0 PROPRIETARY RIGHTS
You acknowledge and agree that
content, including but not limited to text, software, music, sound,
photographs, graphics, video, or other material contained in sponsor
advertisements or information presented to you by PositivesDating.com, its
partners or advertisers, is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. You acknowledge and agree that
you are permitted to download and print this material and information for your
personal, non-commercial use or as expressly authorized by PositivesDating.com,
its partners or advertisers, and may not copy, reproduce, transmit, distribute,
or create derivative works of such content or information without express
You acknowledge and agree that
any material you send to PositivesDating.com, by email or otherwise, or that
you post in any areas on the Service that are accessible to the public or
PositivesDating.com's general membership, will be treated as non-confidential and
non-proprietary and PositivesDating.com may use such material, in whole or in
part, in any medium for any purpose, including but not limited to the
reproduction, disclosure, transmission, publication, broadcast and posting of
such material in advertising and promotions.
12.0 DISCLAIMER OF WARRANTIES
The Service and the materials available on or through the PositivesDating.com
Service are provided "as is" and "as available" and without
warranties or conditions of any kind either expressed or implied.
To the fullest extent permissible under applicable law,
PositivesDating.com disclaims all warranties and conditions express or implied,
including, but not limited to, implied warranties and conditions of
merchantability, merchant quality, correspondence to description and fitness
for a particular purpose.
PositivesDating.com does not represent or warrant that the
PositivesDating.com Service will be uninterrupted or error-free, or that
defects will be corrected, or that this site or the server that makes it available,
are free of viruses or other harmful components. PositivesDating.com does not
represent or warrant that the materials or the results of the use of the
materials available through the Service or from third parties will be correct,
accurate, timely, reliable or otherwise.
13.0 LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, PositivesDating.com
shall not be liable under any circumstances, including but not limited to
negligence, for any direct, indirect, incidental, special or consequential
damages that result from:
The use of or the inability to
use the PositivesDating.com Service,
Any changes to the Service,
Unauthorized access to or
alteration of your transmissions or data,
Any material or data sent or
received or not sent or received, or
Any transactions entered into
through the Service.
You specifically agree that PositivesDating.com is not responsible or
liable for any threatening, defamatory, obscene, offensive or illegal content
or conduct of any other party or any infringement of another's rights,
including intellectual property rights. If you are dissatisfied with the
PositivesDating.com Service, the materials available on or through the Service,
or with any of and PositivesDating.com's terms and conditions, the sole and
exclusive remedy available to you is to discontinue using PositivesDating.com.
In no event, except in jurisdictions where such provisions are
restricted, shall PositivesDating.com and each of its stand-alone services, its
parents, subsidiaries, affiliates, officers and employees be liable to you or
any third party for any exemplary, incidental, indirect, consequential, special
or punitive damages, including any and/or lost profits arising from your use of
the Site, PositivesDating.com, any and all other sites, any and all services,
advertising, banners, and/or any part of the site and/or any service or
services offered, even if PositivesDating.com has been advised of the
possibility of such damages. At all times PositivesDating.com and all of its
other services and companies shall never in any way be liable to you for more
than the amount paid.
Notwithstanding anything to the contrary contained here,
PositivesDating.com, and each of its stand-alone services, its parents,
subsidiaries, affiliates, officers and employees are not liable to you for any
cause whatsoever, and regardless of the form of the action, will at all times
be limited to the amount paid, if any, by you to PositivesDating.com for any
and all services during the term and/or terms of the Membership.
Some jurisdictions do not allow the limitation or exclusion of
warranties, conditions or liability for incidental or consequential damages, so
some of the above limitations in Sections #11 and #12 may not apply to you.
You agree to indemnify and hold harmless PositivesDating.com and each of its
stand-alone services, its parents, subsidiaries, affiliates, officers and
employees, from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising from the content you
transmit to or through, as well as your conduct on or arising from your use of
the PositivesDating.com Service and your use of the service in violation of
breach of your representations and warranties set forth within this Agreement.
Any and all users or members shall indemnify and hold harmless
PositivesDating.com and each of its stand-alone services, its parents,
subsidiaries, affiliates, officers and employees from and against any claims,
costs, damages, liabilities, expenses, losses or damages including Attorney's
fees arising from the use of or participation in this Service or the
information contained there.
If any part of this Agreement is said to be not included, all other parts
will still apply.
Any notice to PositivesDating.com shall be made via email or regular mail.
PositivesDating.com may provide notices of changes to the Agreement or other
matters by displaying notices to members generally on the Site, or via e-mail
or regular mail.
The Agreement and the relationship between you and PositivesDating.com shall be
governed by the laws of the State of Ohio to its conflict of law provisions.
You and PositivesDating.com agree to submit to the personal and exclusive
jurisdiction of the State of Ohio, Franklin County, City of Columbus.
PositivesDating.com's failure to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement 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 Agreement remain in full force and
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the
Agreement must be filed within one (1) year after such claim or cause of action
arose, or be forever barred.
The section titles in the Agreement are for convenience only and have no
legal or contractual effect.
17.0 PROFILE DISCLAIMER
PositivesDating.com posts all profiles without explicit knowledge of and/or
about the person who submitted the profile or profiles. At any time you suspect
anyone of wrongdoing or if at any time you feel the need to contact
PositivesDating.com about a violation of its policy and/or policies please contact
PositivesDating.com through email or fax at the addresses and numbers listed in
the contact section of the site.
PositivesDating.com considers any violation a serious matter and it
reserves the right to contact any person about conduct regarding PositivesDating.com
and/or of its services.
At any time if there is any dispute about or involving PositivesDating.com
and/or this Site and/or the Service, by using this site, you agree that the
dispute will be governed by the laws of the State of Ohio without regard to its
conflict of law provisions. You agree to personal jurisdiction by and venue in
the state and federal courts of the the State of Ohio, in the city of Columbus.
At no time is PositivesDating.com responsible for any inaccurate or incorrect
content posted on the site or in connection with PositivesDating.com and/or
each of its stand-alone Services, its parents, subsidiaries, affiliates,
officers, advertisers, whether caused by the user, users, members, guest, or by
any of the equipment or programming associated with or utilized in the service,
nor for the conduct of any user, member, and/or guest of the
PositivesDating.com service and/or services, whether online or offline.
PositivesDating.com assumes no responsibility for any interruption,
technical malfunctions, error, defect, deletion, omission, communications line
failure, delay in operation or transmission, unauthorized access to, theft or
destruction, or alteration of, members and/or users and/or guest
communications. This includes personal injury or damage to users, members,
guest, or anyone else or to any person's computer related to or resulting from
participating or downloading materials in connection with PositivesDating.com
and each of its stand-alone services, its parents, subsidiaries, affiliates,
officers and employees.
The Service and the site are provided "as is" and
PositivesDating.com expressly disclaims any warranty of fitness for a
particular purpose or non-infringement.
PositivesDating.com cannot guarantee and does not promise any specific
results from use of the Service and/or the Site of www.PositivesDating.com.
This Agreement, accepted upon use of the Site and further affirmed by becoming
a Member of www.PositivesDating.com and any of its Services, contains the entire
Agreement between you and PositivesDating.com regarding the use of the Site
and/or any and all services or Service.
If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.