Terms of Service

Welcome to Positively. By accessing the Positively website ("Site") or using the services offered by Positively ("Services") you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms or to our Privacy Policy, please do not access the Site or use the Services. Positively reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.

1. Usage License

Positively grants you a limited license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site. Positively reserves the rights to terminate your license to use the Site and Services at any time and for any reason or in the future charge for commercial usage.

2. User Responsibility

You are solely responsible for your use of the Site and Services. Because Positively merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of Positively, and Positively makes no claim of accuracy of any user-posted material. Positively allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Positively. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.

3. User-Posted Content

By posting content, you are granting permission to us and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. Please note that just because your content does not have a license agreement attached to it does not mean that it is public domain. Your use of a license in connection with your content does not affect Positively's right to access and use it in connection with the Services, the Site or otherwise in connection with our business.

Acceptable Content / Behavior

In particular, you agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Site. By way of example, and not as a limitation, you agree NOT to:

Positively does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your content not create an attorney-client relationship. The license agreements and all related information are provided on an "as is" basis. Positively makes no warranties whatsoever regarding the license agreements and the information provided, and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. Positively will include this license label in making your content accessible to others, but any enforcement of your chosen license terms remains your sole responsibility.

Positively is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access.

You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the owners of that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Positively (if applicable) or the owners of that Content, in a separate agreement.

4. Feeds and API

By linking a feed to your account or giving us any information about accounts on other websites, you represent that you have the right to permit us to reproduce this content on the Positively website and that the content is not obscene or illegal.

Positively may provide access to portions of its Site and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Site and Services. Positively asks that you use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Site itself to allow the display of a substantial portion of the Positively database or reproduce, duplicate or copy the Positively Site. Positively reserves the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

5. Intellectual Property (Trademarks & Copyrights)

Positively, the Positively logo and the Positively design are trademarks or trade dress of Positively, and may not be used without express written permission from Positively, other than for attribution.

All other trademarks not owned by Positively that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Positively.

Positively-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Positively and its licensors and protected by United States and international copyright laws. Except as set out in these Terms, no reproduction of any Positively-originated content is permitted without written permission from Positively.

Positively respects the intellectual property of others, and we ask our users to do the same. Positively has no responsibility for content on other web sites that you may find or access when using our products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the Positively Terms of Service, govern your use of that material.

It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Positively and/or others.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Positively's Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Yahoo! site, with enough detail that we may find it on the web site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our copyright agent can be reached as follows:

Outrank LLC
c/o Registered Agents Inc.
90 State St Ste 700 Office 40
Albany NY 12207

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

6. No Warranty and Limitation of Liability

POSITIVELY PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. POSITIVELY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL POSITIVELY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT POSITIVELY HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH POSITIVELY SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

7. Other

Positively and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Positively and you.

These Terms supersede any previous agreement and represent the entire agreement between Positively and you. These Terms are governed by the laws of the State of New York without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Positively in English at help@positively.co.