Terms of Use

Date: November 17, 2021

1. ACCEPTANCE OF TERMS

Positivelove.ca is a website platform (the “Platform”) providing services (the “Service”) for people with a genuine interest in joining an online community for people living with HIV and are 18+ years of age and older to communicate, meet, date, network, connect with each other subject to the following Terms of Use (“TOU”). By using the Service, you (the “User”) are agreeing to comply with the TOU which may change from time to time. Should you object to any term or condition of the TOU, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

These TOU are governed by the laws of the Province of Ontario, Canada. All disputes hereunder shall be brought and resolved in the applicable provincial or federal courts of Ontario.

By accepting these terms, you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. All sums of money which are referred to in these TOU are expressed in lawful money of Canada, unless otherwise specified.

If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

2. MODIFICATIONS TO THIS AGREEMENT

Positivelove.ca reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You may review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

Before you create an account, make sure you are eligible to use our Services:

1. You are 18 years of age and are an individual with a genuine interest in joining an online community for people living with HIV;
2. You are legally qualified to enter a binding contract with Positivelove.ca;
3. You are not prohibited by law from using our Services;
4. You have not been convicted of or pled no contest to a felony or indictable offense;
5. You have not previously created an account on Positivelove.ca.

When you create an account, you agree:

1. To represent honestly your identity, use photos or images of yourself and not of another person’s identity or misrepresent yourself;
2. Review the FAQ and Safety Dating Online; 
3. To treat other Users with respect and courtesy;
4. You are solely responsible for any and all interactions with other Users on Positvielove.ca.

Positivelove.ca reserves the Service exclusively for people whose identities have been approved by Positivelove.ca at its sole discretion in accordance with this TOU. Although Positivelove.ca attempts to limit its Service to such identified group, nothing herein shall create any right of action against Positivelove.ca for failing to adequately screen potential users or prevent the use of Positivelove.ca or the Platform by users who are not so qualified. 

4. CONTENT

You have an obligation to provide true, accurate, complete, and up-to-date User information including all personal postings, messages, text, images, photos, videos, payment methods, or other materials (“Content”) when using the Service, and to maintain the accuracy of the Content in a timely manner.

In the meantime, you understand that all Content posted on, transmitted through, or linked from the Platform are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Platform. If you request the assistance of Positivelove.ca to post content, or if you imply consent that Positivelove.ca may post content on your behalf, either by written or oral means, or you fail to inform Positivelove.ca that content should be removed, you are equally responsible for the content.  

You waive any and all claims against Positivelove.ca of a right of publicity for your Content by posting any information or pictures of yourself on Positivelove.ca. You understand that Positivelove.ca does not control, and is not responsible for personal Content made available through the Platform, and that by using the Service provided by the Platform, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Platform, you authorize and direct us to make such copies thereof as Positivelove.ca deems necessary in order to facilitate the posting and storage of the Content on the Platform. 

Positivelove.ca and Content available through the Platform may contain links to other websites, which are completely independent of Positivelove.ca. Positivelove.ca makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. 

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Positivelove.ca be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Platform. You acknowledge that Positivelove.ca does not pre-screen or approve Content, but that Positivelove.ca shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Platform, for violating the letter or spirit of the TOU or for any other reason.  

5. THIRD PARTY CONTENT, SITES, AND SERVICES

Positivelove.ca and Content available through the Platform may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Positivelove.ca, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Platform are solely between you and such individuals. Positivelove.ca does not guarantee the quality, safety or legality of, any Content. It is not possible for Positivelove.ca to verify information provided by the poster of any item.

You agree that Positivelove.ca shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Platform or Service. If there is a dispute between users of the Platform, or between users and any third party, you understand and agree that Positivelove.ca is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Positivelove.ca, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. 

6. CONFIDENTIALITY and NON-DISCLOSURE. 

The User maintains the confidentiality of all User profiles on Positivelove.ca site. The User shall not disclose the identity, health status, location of any person listed in Positivelove.ca to any other person(s) without the consent of the individual. The originators of this website and service providers will not be held liable for your choice to disclose the identity of any User without their consent to other parties.

7. PRIVACY AND INFORMATION DISCLOSURE

Positivelove.ca may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, where required by law or other governmental authority, or as necessary to provide the Platform. Any personal information is further governed by Positivelove.ca’s Privacy Policy.

You agree that Positivelove.ca may use electronic communications (e.g. e-mail) to communicate with you and others in relation to the Service, and that Positivelove.ca may also use third party vendors, including cloud based service providers, to store or process information that you provide to Positivelove.ca, including financial and personal information.

To keep you informed about Positivelove.ca, we may also send you service announcements and administrative messages. You may not unsubscribe to this information as it is part of your membership. You can, however, terminate your membership by notifying Positivelove.ca at info@positivelove.ca of such termination; after such termination, you will no longer receive such communications.

Positivelove.ca, its officers, directors, members and employees, as well as Positivelove.ca affiliates and third party vendors are not responsible for any losses suffered by you as a result of any security breach or other inadvertent or unauthorized disclosure of information that you provide to Positivelove.ca through your use of the Service.

Positivelove.ca will not review, change, edit or disclose communications to or from the   User in connection with the use of the Service, except: (a) in the event of a breach of the terms and condition (b) as required by law; (c) in connection with claims that the rights of third parties have been violated; (d) in response to the User’s requests; (e) to protect the rights of Positivelove.ca.

You are advised not to use the Service if you are offended by adult-oriented conversations and material, as certain portions of the Service may include such content.

To enable Positivelove.ca to use and publish your information that you choose to make publicly available on Positivelove.ca in connection with your use of the Service (“User Information”), the User grants Positivelove.ca a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right (including all moral rights) and license to use, reproduce, modify, adapt, publish, perform, prepare derivative works from, distribute, and display User Information (in whole or in part) and to incorporate it in other works, in any form, media or technology now known or later developed, for the full term of any rights that may exist in User Information.

You understand and agree that sending unsolicited email advertisements to other Users or through the Service is expressly prohibited. Further, any unauthorized use or access of Positivelove.ca’s data or servers is a violation of these terms and certain criminal, federal, provincial and state laws. Such violations may subject the sender and their agents to civil and criminal penalties.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• that is pornographic or otherwise unfitting for the Platform;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, gender identity, gender expression, sexual orientation, race, ethnicity, age, or disability;
• that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
• that impersonates any person or entity, including, but not limited to, a Positivelove.ca employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
• that includes personal or identifying information about another person without that person’s explicit consent;
• that is fraudulent, false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
• that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
• that constitutes or contains any form of advertising or solicitation if: posted in areas of Positivelove.ca which are not designated for such purposes;
• or emailed to Positivelove.ca users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted; 
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
• that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Platform, or that otherwise negatively affects other users’ ability to use the Platform;
• or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Platform.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted or otherwise harass anyone;
• collect personal data about other users for commercial or unlawful purposes;
• use automated means, including spiders, robots, crawlers, data mining tools, or the like to search or download data from the Platform – unless expressly permitted by Positivelove.ca;
• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• attempt to gain unauthorized access to Positivelove.ca’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform or Positivelove.ca;
• or use any form of automated device or computer program that enables the submission of Content on Positivelove.ca without such Content being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Positivelove.ca email addresses or through Positivelove.ca computer systems is expressly prohibited by these TOU. Any unauthorized use or access of Positivelove.ca computer systems is a violation of the TOU and certain criminal, federal, provincial and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties. 

10. SUBSCRIPTIONS AND RENEWALS

As part of the Service, Users may initiate and receive instant message and chats with other Users.  The current membership options and rates for paying are also set forth in Subscription area; any changes to such options or rates will be posted in such Subscription area.

Positivelove.ca will automatically bill all applicable fees to your payment method. You agree to pay the prices displayed to you. You have a continuing obligation to keep payments up to date. Subscription fees will be billed at the beginning of each membership term and all renewal terms and are non-refundable. Should you wish to use a different payment method for a renewal term payment, whether due to cancellation or expiration of the most recent payment method used, or otherwise, you may visit the Positivelove.ca payment page and follow the instructions for changing payment method.

Your Subscription fees will automatically renew for the price and time period as unless prior to the expiration of the current term you notify Positivelove.ca of your desire to terminate your Subscription by email at info@positivelove.ca and follow the instructions for termination.

The current term of the Subscription fees is four (4) months, eight (8) months, or twelve (12) months. Subscriptions fees are non-refundable.

11. LIMITATIONS ON SERVICE

You acknowledge that Positivelove.ca reserves the right at any time to modify or discontinue the Platform (or any part thereof) with or without notice, and that Positivelove.ca shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. 

12. TERMINATION OF SERVICE

You agree that Positivelove.ca, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if Positivelove.ca believes that you have acted inconsistently with the letter or spirit of these terms. Further, you agree that Positivelove.ca shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Platform after said termination.

13. PROPRIETARY RIGHTS

Positivelove.ca and the Service is protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed through the Service and on Positivelove.ca is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Positivelove.ca. You further agree not to reproduce, duplicate or copy Content from the Platform without the express written consent of Positivelove.ca, and agree to abide by any and all copyright notices displayed on the site and Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Positivelove.ca, as well as certain other of the names, logos, and materials displayed on Positivelove.ca, constitute trademarks, trade names, service marks or logos (“Marks”) of Positivelove.ca or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with Positivelove.ca or those other entities.

Although Positivelove.ca does not claim ownership of content that its users post, by posting content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Positivelove.ca an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Service, you automatically grant Positivelove.ca all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Service by any party for any purpose.

If a User or visitor to Positivelove.ca believes their copyright or other intellectual property right has been infringed or violated by a posting on Positivelove.ca, the User or visitor can send an email to info@positivelove.ca. The notification should include:

1.         Contact information to permit Positivelove.ca to contact the complaining party, such as email or telephone number;

2.         Identification of the copyrighted work or other intellectual property claimed to have been infringed or violated;

3.         Identification and location of the contents or material that is claimed to be infringing; and

4.         A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or violated.

After an investigation of the notification, Positivelove.ca may then take appropriate remedial action, which may include the removal of said infringing material from Positivelove.ca.

Please make all notifications of alleged infringements or violations promptly and allow Positivelove.ca. at least 5 business days to review and, if appropriate, remove the infringing materials or items.

Positivelove.ca. is not responsible for any infringement of material published by the User on the User’s profile or other postings.

14. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF POSITIVELOVE.CA AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. POSITIVELOVE.CA AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.

IMAGES OF INDIVIDUALS USED FOR THE PROMOTION OF PORTIONS OF THE SERVICE, IN OTHER PORTIONS OF THE SERVICE, OR ON POSITIVELOVE.CA ARE NOT PRESUMED TO BE INDIVIDUALS LIVING WITH HIV AND ARE USED FOR MARKETTING OR ILLUSTRATIVE PURPOSES ONLY.

ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, POSITIVELOVE.CA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF POSITIVELOVE.CA AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, POSITIVELOVE.CA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON POSITIVELOVE.CA OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON POSITIVELOVE.CA OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOODS OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, POSITIVELOVE.CA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH POSITIVELOVE.CA OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSITIVELOVE.CA, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 

15. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL POSITIVELOVE.CA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF YOU OR POSITIVELOVE.CA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF POSITIVELOVE.CA OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON POSITIVELOVE.CA OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON POSITIVELOVE.CA. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.  

16. INDEMNITY

You agree to indemnify and hold Positivelove.ca, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, (collectively, “Affiliates”) harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Platform, your use of the Platform, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

17. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Platform, constitutes the entire agreement between you and Positivelove.ca and governs your use of the Platform, superseding any prior agreement between you and Positivelove.ca. The failure of Positivelove.ca to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect. 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 Platform or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. VIOLATION OF TERMS AND DAMAGES

Please report any violations of the TOU by sending an email to info@positivelove.ca.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that if it becomes necessary for Positivelove.ca to pursue legal action to enforce the TOU, you will be liable to pay Positivelove.ca for any damages suffered by Positivelove.ca and/or its users, and legal fees as a result of the breach.

Notwithstanding any other provision of the TOU, Positivelove.ca retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

19. FEEDBACK

Questions and feedback about the TOU or the Platform may be directed to: info@positivelove.ca.

This Agreement is between you and Positivelove.ca.