The Positive Times

Terms and Conditions

Date of Last Revision: August 13, 2013.

Terms and Conditions

These Terms and Conditions (T&C) derives from the principles of The Positive Times and The National Australian Positive Schools Initiative, and is our terms of service that governs our relationship with users and others who interact with The Positive Times. By using or accessing The Positive Times, you agree to this Statement, as updated from time to time. Additionally, you will find resources at the end of this document that help you understand how The Positive Times works.

1. Privacy

   Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use The Positive Times to share with others and how we collect and can use your content and information.  We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.

2. Sharing Your Content and Information

   You own all of the content and information you post on The Positive Times, and you can control how it is shared through your privacy settings. In addition:

   1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with The Positive Times (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
   2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
   3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy.)
   4. We always appreciate your feedback or other suggestions about The Positive Times, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
   5. Safety

      We do our best to keep The Positive Times safe, but we cannot guarantee it. We need your help to keep The Positive Times safe, which includes the following commitments by you:

      1. You will not post unauthorized commercial communications (such as spam) on The Positive Times.
      2. You will not collect users’ content or information, or otherwise access The Positive Times, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
      3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on The Positive Times.
      4. You will not upload viruses or other malicious code.
      5. You will not solicit login information or access an account belonging to someone else.
      6. You will not bully, intimidate, or harass any user.
      7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
      8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
      9. You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on The Positive Times.
      10. You will not use The Positive Times to do anything unlawful, misleading, malicious, or discriminatory.
      11. You will not do anything that could disable, overburden, or impair the proper working or appearance of The Positive Times, such as a denial of service attack or interference with page rendering or other site functionality.
      12. You will not facilitate or encourage any violations of this Statement or our policies.
      13. Registration and Account Security

          The Positive Times users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

          1. You will not provide any false personal information on The Positive Times, or create an account for anyone other than yourself without permission.
          2. You will not create more than one personal account.
          3. If we disable your account, you will not create another one without our permission.
          4. You will not add submissions to your profile primarily for your own commercial gain.
          5. You will not use The Positive Times if you are under 18.
          6. You will keep your contact information accurate and up-to-date.
          7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
          8. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
          9. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
          10. Protecting Other People’s Rights

              We respect other people’s rights, and expect you to do the same.

              1. You will not post content or take any action on The Positive Times that infringes or violates someone else’s rights or otherwise violates the law.
              2. We can remove any content or information you post on The Positive Times if we believe that it violates these T&C or our policies.
              3. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
              4. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
              5. You will not use our copyrights or trademarks (including The Positive Times, Positive Schools), or any confusingly similar marks, except with our prior written permission.
              6. If you collect information from users, you will: obtain their consent, make it clear you (and not The Positive Times) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
              7. You will not post anyone’s identification documents or sensitive financial information on The Positive Times.

1. About Advertisements and Other Commercial Content Served or Enhanced by The Positive Times

   Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:

   1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
   2. We do not give your content or information to advertisers without your consent.
   3. You understand that we may not always identify paid services and communications as such.
   4. Special Provisions Applicable to Advertisers

      You can target your desired audience by buying ads on The Positive Times or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):

      1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
      2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
      3. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on prior agreement with you.
      4. Your ads will comply with the principles of The Positive Times.
      5. We will determine the size, placement, and positioning of your ads.
      6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.
      7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.
      8. You can cancel your Order at any time by contacting us, but it may take up to 24 hours before the ad stops running.  You are responsible for paying for all ads that run.
      9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
      10. We can use your ads and related content and information for marketing or promotional purposes.
      11. You will not issue any press release or make public statements about your relationship with The Positive Times without our prior written permission.
      12. We may reject or remove any ad for any reason.
      13. If you are placing ads on someone else’s behalf, you must have permission to place those ads, including the following:
          1. You warrant that you have the legal authority to bind the advertiser to this Statement.
          2. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
          3. Special Provisions Applicable to Pages

             If you create or administer a Page on The Positive Times, or run a promotion or an offer from your Page, you agree to abide by our principles and to our terms based on ongoing discussions with us.

          4. Termination

             1.   If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of The Positive Times to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

2.  If we at The Positive Times believe, for any reason, that you are not a suitable, supportive or valuable member of The Positive Times community, we reserve the right to stop providing all or part of The Positive Times to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

1. Disputes
   1. If anyone brings a claim against us related to your actions, content or information on The Positive Times, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on The Positive Times and are not responsible for the content or information users transmit or share on The Positive Times. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on The Positive Times. We are not responsible for the conduct, whether online or offline, or any user of The Positive Times.
   2. WE TRY TO KEEP THE POSITIVE TIMES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE POSITIVE TIMES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE POSITIVE TIMES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE POSITIVE TIMES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE POSITIVE TIMES IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
   3. Special Provisions Applicable to Users Outside Australia

      We strive to create a global community with consistent standards for everyone, as such these terms and conditions (T&C) apply to all site users.

1. Definitions
   1. By “The Positive Times” we mean the features and services we make available, including through (a) our website at www.PositiveTimes.com.au and any other The Positive Times branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
   2. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with The Positive Times.
   3. By “content” we mean anything you or other users post on The Positive Times that would not be included in the definition of information.
   4. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from The Positive Times.
   5. By “post” we mean post on The Positive Times or otherwise make available by using The Positive Times.
   6. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
   7. By “active registered user” we mean a user who has logged into The Positive Times at least once in the previous 30 days.
   8. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
   9. Other
      1. This Statement is an agreement between you and The Positive Times.   References to “us,” “we,” and “our” mean The Positive Times.
      2. This Statement makes up the entire agreement between the parties regarding The Positive Times, and supersedes any prior agreements.
      3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
      4. If we fail to enforce any of this Statement, it will not be considered a waiver.
      5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
      6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
      7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
      8. Nothing in this Statement shall prevent us from complying with the law.
      9. This Statement does not confer any third party beneficiary rights.
      10. We reserve all rights not expressly granted to you.
      11. You will comply with all applicable laws when using or accessing The Positive Times.

You may also want to review the following documents, which provide additional information about your use of The Positive Times:

• Data Use Policy: The Data Use Policy contains information to help you understand how we collect and use information.
• Aims and Ideals: The Aims and Ideals of The Positive Times