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Terms & Conditions of Use.
1. Definitions.
"Positive Change" applies to Positive Change Creations Ltd and Positive Change Technology Ltd, its owners and
directors.
"Terms & Conditions" means the terms and conditions laid out here.
"Website" means the Positive Change website (www.positive-change.co.uk), including all related services,
offers, software, provisions and solutions.
"Us" or "We" means the company (Positive Change Creations Ltd) named in our agreement with You;
"You" means the user of the Website We make this agreement with and includes a person who We reasonably
believe is acting with Your authority or knowledge.
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2. Intellectual Property
This is the Website of Positive Change which is a creation of, and the
property of Positive Change Creations Ltd, a registered company in the United Kingdom. All contents of
this Website, including but not limited to images, words, audio, software, text, music and video clips
(the "Contents"), are protected by copyright under law and international conventions and may not be used
except as specifically provided in these Terms and Conditions. Positive Change neither warrants nor represents
that your use of Contents displayed on the Website will not infringe rights of third parties not owned by or
affiliated with Positive Change. You agree to follow all instructions on this Website limiting the way
you may use the Contents. There are a number of trademarks, logos and service marks on this Website. By
making them available on this Website, Positive Change is not granting you any license to utilize these
trademarks, logos and service marks. Any unauthorized use of the Contents may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
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3. Provision of Website
Your access to and use of the Website is also subject to the following terms
and conditions ("Terms and Conditions") and all applicable laws. By accessing, using and browsing the
Website, you accept, without limitation or qualification, these Terms and Conditions and any additional
terms and conditions of use set forth in any sub-site. It is important that you understand that when you
enter any sub-site accessible through this Website such sub-site may have its own terms and conditions of
use which are specific to such sub-site. As long as you comply with the terms of these Terms and Conditions
of Use, Positive Change grants you a non-exclusive, non-transferable, limited right to enter, display, and
use this Website. If you do not agree to these Terms and Conditions, please do not use the Website. Positive
Change reserves any right not expressly granted in these Terms & Conditions. These Terms & Conditions
also apply to, but are not limited to, all future updates and modifications to the Positive Change services
and software provided, all executables, all documentation, and logos, trademarks, service marks and trade
names. The terms of These Terms & Conditions will apply jointly and severally to all those using the
Positive Change Website, services, products and other provisions, and the word "You" shall be understood
accordingly.
The website may contain technical inaccuracies or typographical errors. Accordingly, changes and/or updates
may be affected without notice to You. We may also make improvements and/or changes to the Website at any
time without notice to You. You acknowledge that We may from time to time publish upgraded versions of the
Website, and We may automatically electronically upgrade the version of the Website. You consent to such
automatic upgrading, and agree that the Terms & Conditions (as may be amended from time to time by posting
notice on our Website, without prior warning or notice to You, for any reason) will apply to all such
upgraded versions.
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4. Restrictions
You may not distribute, sell, rent, lease, license, sub-license, translate,
transfer, loan, reproduce, transmit, exchange, modify, edit, reuse, re-post, or otherwise assign or
distribute the content of the Website including, without limitation, any text, images, video or audio
for public, business or commercial purposes without Positive Change's prior written permission. You must
not reverse engineer, decompile, disassemble, or otherwise manipulate the Website, except to the extent
permitted by applicable law. You must not make error corrections to, or otherwise adapt or modify, or
create derivative works based upon the Website. You must not remove any copyright notice, trademark, or
proprietary legend included in the Website, and must not violate any applicable laws or regulations,
including any patent, trademark, trade secret, or other proprietary rights of a third party. You must not
impersonate any person or entity falsely stating or otherwise misrepresenting Your identity, affiliation
or any other misrepresentation. You must not transmit any material that contains a virus or any other computer
code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software,
hardware or telecommunications equipment, nor interfere with or disrupt the service, servers, or network
that this Website connects with by posting false information or data.
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5. Using the Website and Related Services.
We respect the rights of copyright owners to control commercial uses of
their material. By using the Website, You acknowledge that You are responsible for complying with all
applicable local, national and international laws relating to the content You interact with, including
copyright laws. Unauthorized copying, distribution, modification, public display, or performance of copyrighted
works may be an infringement of the copyright holder's rights in certain circumstances. You acknowledge that any
liability for such infringements lies solely with You. You agree to indemnify Us, our parents, subsidiaries,
affiliates, successors, officers, directors, employees, or other representatives harmless from any claim,
demand, or damage, including reasonable solicitor's fees, asserted by any third party due to or arising out
of Your use of the Website. As a condition to the license granted under these Terms & Conditions, You agree
that You will not use the Website to infringe the copyrights or other intellectual property rights of others
in any way. As a condition to Your use of the Website, You agree that You will not use the Website (i) to
invade the privacy of, obtain the identity of, or obtain any personal information about (including, but not
limited to, IP addresses of) any other user of the Website, or to modify, erase or damage any information
contained on the computer of any other user of the Website; (ii) to infringe the intellectual property rights
of others in any way; (iii) to "stalk" or otherwise harass others; (iv) to collect or distribute child pornography
or other obscene or illegal material; or (v) to engage in any other illegal activities such as treason or
terrorism (this may include, but is not limited to, providing instructions on how to assemble bombs,
grenades or other weapons). We may collect information about You for the purpose of, but not restricted to,
the delivery and development of the Website. See our privacy policy (paragraph 11.) for the full details of
the information We collect, the reasons We collect the information, and the circumstances under which We may
disclose information.
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6. Protection and Security.
You agree to use Your best efforts and to take all reasonable steps to
safeguard the Website to ensure that no unauthorized person(s) shall have access thereto and that no
unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made.
You acknowledge that the Website contains valuable confidential information and trade secrets and that
unauthorized use and/or copying is harmful to Positive Change Creations Ltd.
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7. Use of Site is at your risk
YOUR USE OF AND BROWSING IN THIS SITE IS AT YOUR OWN RISK. Neither Positive Change
nor any other third party involved in creating, producing, or delivering the Website is liable for any direct,
incidental, consequential, indirect, or punitive damages arising out of your access to, or use, or misuse of,
the Website or any errors or omissions in the Contents or functions of this Website, even if Positive Change
or an authorised representative thereof has been advised of the possibility of such damages. Without limiting
the foregoing, everything on the Website including without limitation all content and functions made available
on or accessed through the Website) is provided to you "AS IS" and, to the fullest extent permissible by law,
without warranty or representation of any kind, either expressed or implied, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, or non-infringement or any content published
on or available through the Website. Positive Change makes no warranty or representation that the server that
makes this Website available is free of viruses or other components that may infect, harm or cause damage to
your computer equipment or any other property when you access, browse, download from or otherwise use this
Website. Positive Change assumes no responsibility, and shall not be liable for, any damages to, or viruses
that may infect, your computer equipment or other property on account of your access to, use of, or browsing
in the Website or your downloading from or other use of the Website.
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8. Images.
Images of people or places displayed on the Website are either the property
of, or used with permission by, Positive Change. The use of these images by you, or anyone else authorized
by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission
provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and statutes.
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9. Indemnity.
You agree to indemnify, defend and hold Positive Change and their respective
officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified
Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms of
Use. You may not settle any claim that may affect any Indemnified Party without that party's prior written
consent. Positive Change reserves the right, at its own expense, to assume the exclusive defence and control
of any matter otherwise subject to indemnification by you and in such case, you agree to co-operate with
Positive Change's defence of such claim.
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10. User Responsibilities.
You acknowledge and agree that in connection with your use of the Website
you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with
such access and (b) provide all equipment necessary for you to make such connection to the World Wide Web,
including a computer, software, a modem and a working telephone line. Positive Change shall not be
responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use
of the Website.
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11. Privacy.
Internet transmissions are never completely private or secure. You understand that
any message or information you send to this Website may be read or intercepted by others, unless there
is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).
Sending a message to Positive Change does not cause Positive Change to have any special responsibility to you.
Positive Change respects the privacy concerns of the users of its Websites. However, certain non-personal
information is recorded by the standard operation of Positive Change's Internet servers. For each visitor to
the Website, the Internet server automatically recognizes and stores information, such as the type of browser
being used, its operating system, and your IP address/domain name combination. Positive Change may use this
information to understand visitor traffic patterns through our Websites for purposes such as enhancing their
usability. Your computer provides this information automatically each time you log on, unless you've activated
blocking technology available in some browsers. Other uses of this information include internal review of
the number of users to the Websites, but only in an aggregate and non-personally-identifiable form. Personally
identifiable information that may be collected in connection with your voluntarily filling out forms is retained
by Positive Change and is not sold or otherwise transferred outside the company. This information may be used
to better understand your use of the Websites and to support advertising transactions made on the Websites.
When you visit the Website or advertisements appearing thereon, or use one or more of the Website services,
Positive Change may use an industry-wide technology called "cookies" which stores certain information on
your computer and which will allow us to customize your experience to better match your interests and
preferences, or to simply facilitate your signing in to use the services. Most browsers will allow you to
erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a
cookie is stored. However, if you block or erase cookies, Positive Change may not be able to restore any
preferences or customization settings you previously specified, and our ability to personalize your online
experience would be limited.
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12. Governing Law.
We make no representations that the Website is appropriate or available for
use in locations outside the United Kingdom. Those who access, use, browse, register or otherwise sign
up to the Website from other jurisdictions accept, without limitation or qualification that they do so
at their own volition and are responsible for compliance with local law. You may not use or export our
Website or related services, solutions or provisions in violation of U.K. export laws and regulations.
These Terms & Conditions and any and all claims relating to the Website shall be governed and construed
in accordance with the laws of the United Kingdom, without regard to or application of choice of law
rules or principles. By using the Website, You agree that any dispute, controversy or claim arising out
of or relating to these Terms & Conditions or their breach, termination, avoidance or invalidity, shall
be resolved by a court of competent jurisdiction in the United Kingdom. By using the Website, You agree
to submit to the jurisdiction of the courts located in the United Kingdom in connection with any legal
proceeding relating to use of the Website.
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