Effective Date: January 01, 2023
This User Agreement (“Agreement”) governs your use of www.lifeispositive.com (“we,” “us,” or “our”) website. By accessing or using our website, you agree to be bound by this Agreement. If you do not agree to the terms and conditions outlined in this Agreement, please do not use our website.
1. Acceptance of Terms:
a. You must be at least 18 years old to use our website. By using our website, you represent and warrant that you are at least 18 years old.
b. We may modify this Agreement at any time, and such modifications will be effective upon posting on our website. It is your responsibility to review this Agreement periodically for any changes. Your continued use of our website after the modifications indicates your acceptance of the updated terms.
2. User Conduct:
a. You are responsible for all activities and content that you post, upload, or otherwise transmit through our website. You agree not to:
i. Violate any applicable laws or regulations; ii. Infringe upon the intellectual property rights or privacy rights of others; iii. Engage in unauthorized commercial activities or spamming; iv. Use our website to distribute viruses, malware, or any other harmful content; v. Impersonate any person or entity or falsely represent your affiliation with any person or entity; vi. Engage in any activity that disrupts or interferes with the functioning of our website or the experience of other users.
b. We reserve the right, but are not obligated, to monitor user activities and content on our website and to remove or block any content that violates this Agreement.
3. Intellectual Property:
a. All intellectual property rights on our website, including but not limited to trademarks, copyrights, and proprietary information, belong to us or our licensors. You may not use, copy, reproduce, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.
b. By submitting content to our website, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our website.
4. Disclaimer of Warranties:
a. Our website is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, whether expressed or implied, regarding the accuracy, completeness, reliability, or suitability of our website.
b. We do not guarantee that our website will be error-free, uninterrupted, secure, or free from viruses or other harmful components. You agree that your use of our website is at your own risk.
5. Digital Asset Usage and Download Terms of Service:
This Digital Asset Usage and Download Terms of Service (hereinafter referred to as “Terms”) governs your access to and use of the digital assets provided by www.lifeispositive (“we,” “us,” or “our”). These assets may include, but are not limited to, digital images, videos, text files, and software (hereinafter collectively referred to as “Digital Assets”). By accessing, downloading, or using any Digital Assets from our platform, you agree to be bound by these Terms.
5. 1 Acceptance of Terms
By using the Digital Assets provided by us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not download, access, or use our Digital Assets. Your continued use of the Digital Assets constitutes your acceptance of these Terms and any updates or modifications thereto.
5. 2 Description of the Digital Assets
Our Digital Assets include a wide range of digital content designed for use in various applications, including but not limited to, ebooks, web development, graphic design, educational materials, and corporate presentations. These assets may comprise:
– Images and Graphics: Photographs, illustrations, icons, and designs.
– Videos & Audio: Short clips, audio, animations, and motion graphics.
– Textual Content: Articles, reports, templates, and documents.
– Software and Applications: Tools, widgets, and software solutions.
Each Digital Asset is provided with specific usage rights, which are detailed in the License Grant section of these Terms. We reserve the right to update, remove, or add to our Digital Assets without notice.
5. 3 License Grant
Upon your acceptance of these Terms, we grant you a non-exclusive, non-transferable, and revocable license to use the Digital Assets subject to the following conditions:
– Personal Use: You are permitted to use the Digital Assets for personal use, unless otherwise specified for a particular asset.
– Modification: You may not modify the Digital Assets to fit your specific needs, provided such modifications infringe on intellectual property rights or lead to the creation of derivative works intended for redistribution or sale.
– Attribution: Unless marked as “attribution not required,” you must credit the source of the Digital Asset in a manner specified by us.
5. 3 User Obligations and Restrictions
As a user of our Digital Assets, you are obligated to adhere to the following restrictions:
– No Redistribution: You may not distribute, resell, lease, license, or sub-license our Digital Assets to third parties in their original or any modified form.
– No Illegal Use: You may not use the Digital Assets for any illegal or unauthorized purpose. You must comply with all applicable laws and regulations regarding copyright and digital asset use.
– No Claim of Ownership: You may not claim intellectual property ownership of the Digital Assets, whether in their original or modified form.
5. 4 Intellectual Property Rights
All digital assets we provide are the property of www.lifeispositive.com or its content suppliers and are protected by intellectual property laws. The Digital Assets are provided to you under license, and this license does not transfer any title or ownership rights to you.
5. 5 Term and Termination
This agreement is effective until terminated by either you or www.lifeispositive.com. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any term(s) of this agreement. Upon termination, you must cease all use of the Digital Assets and destroy any copies, full or partial, of the Digital Assets.
5. 6 Entire Agreement
These Terms constitute the entire agreement between you, Life is Positive, regarding our Digital Assets, superseding any prior agreements between you and us regarding the Digital Assets.
6. Limitation of Liability:
a. In no event shall we be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of our website, including but not limited to any loss of profits, data, or reputation.
b. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such cases, our liability is limited to the fullest extent permitted by applicable law.
c. Life is Positive will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the digital assets. We do not warrant that the digital assets will meet your requirements or that the use of the digital assets will be uninterrupted or error-free.
7. Indemnification:
You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, and expenses (including attorney’s fees) arising out of or in connection with your breach of this Agreement or your use of our website.
8. Governing Law and Jurisdiction:
This Agreement shall be governed by and construed in accordance with the laws of Canada. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts in Canada.
9. Entire Agreement:
This Agreement constitutes the entire agreement between you and us regarding your use of our website, superseding any prior agreements or understandings, whether written or oral.
10. Severability:
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
11. Modifications to the Terms of Service
Life is Positive reserves the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
12. Contact Us:
If you have any questions or concerns about this Agreement, please contact us at contact@lifeispositive.com
By using our website, you acknowledge that you have read, understood, and agree to be bound by this User Agreement.
LifeisPositive™ www.lifeispositive.com contact@lifeispositive.com
