Legal
Site content copyright © 2019-2020 by Positive Impact Life, LLC. All rights reserved. Unauthorized copying is prohibited without written permission.
PositiveImpact®, Positive Impact Magazine®, Positive Impact Multimedia®, Positive Impact Global® and Positive Impact Life® are all registered U.S. Trademarks. Unauthorized use is prohibited.
Out There On The Edge of Everything® is a registered U.S. Trademark of Stephen Lesavich. Unauthorized use is prohibited.
Podcast Clip art – purchased from GoGraph.com.
Man Falling Off the Edge Yellow Sign clip art purchased from Clip Art: (c)Arcady Can Stock Photo Inc.
Photos on this site have been legally purchased from iStock, Shutterstock, FreeDigitalPhotos, Unsplash, and other photo providers and are all Copyrighted © and used under their respective license terms. All rights are reserved by the copyright holders. Unauthorized copying is strictly prohibited.
The terms of the respective model, product and property releases and licenses for the purchased photographs apply to use on this site.
Any photographs of people and/or products and/or property posted by Guest Authors are covered by the model, product and/or property releases obtained and provided by the Guest Authors.
This site and its owners and authors do not represent, imply or connote in any way that they are affiliated with any of the models and/or property and/or products included in the purchased photographs or any photographs posted by Guest Authors.
The use of photographs of the models does not constitute or imply any endorsement, recommendation, favoring, or even any knowledge of any of the information described on this site by the models.
The views and opinions of the owners and the authors expressed on this site also do not state or reflect any views or opions of any of the models in the photographs being used under purchased licenses unless specifically stated on this site.
There are also photos on this site provided by Charity Carollo and Stephen Lesavich from their personal collections. These photos are also all Copyrighted ©. All rights are reserved by the copyright holders of these photos. Unauthorized copying is strictly prohibited.
Positive Impact Life, LLC, does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and Positive Impact Life, LLC, expressly disclaims any and all liability in connection with user submissions.
All users agree that the use of any information on this site is at the user’s own risk. There are no warranties, expressed or implied for any information posted on this site.
All Guest Authors hereby irrevocably grant and assign to Positive Impact Life, LLC, its successors and assigns, world-wide, non-exclusive, royalty free, perpetual, irrevocable license to all right, title, and interest to any content provided by Guest Authors and any revised editions and derivative works, including but not limited to the full copyright to the content and the full rights, by itself or with others, throughout the world, to print, publish, republish, distribute, post on web sites, and transmit the Works and to prepare, publish, distribute, post on this website, and transmit derivative works based thereon, in English and in all other languages, in in all media of expression now known or later developed, and to license or permit others to do so.
All Guest Authors also waive all “moral rights” and equivalent world-wide rights regarding the form or extent of any alteration to their uploaded content (including, without limitation, removal or destruction) or the making of any type of derivative works based on their content, including, without limitation, photographs, pictures, drawings, artwork, graphics or other visual reproductions or their content, in any medium, in any format, for any purpose.
All materials and writings provided by Guest Authors, who are independent contractors, are accepted on a “Work for Hire” basis commissioned by Positive Impact Life, LLC, as such term is defined under U.S. copyright law and contract law. Consideration for the “Work For Hire” by Positive Impact Life, LLC, is posting the Guest Authors materials and writings on Positive Impact Life, LLC, website with a global audience. All Guest Authors understand, acknowledge and accept the sufficiency of this consideration for the Guest Authors to potentially achieve global exposure for the Guest Authors materials and writings via the global audience and that directly benefits the Guest Authors. To the extent any of the materials and writings in any works prepared by any Guest Author hereunder do not qualify as a “WORK FOR HIRE” under applicable law, Guest Author irrevocably assigns, all right, title, and interest to any content provided by Guest Author. To the extent any of the materials and writings in any works prepared by any Guest hereunder do not qualify as a “WORK FOR HIRE” under applicable law, or are not assignable for any reason, all authors hereby irrevocably and unequivocally waive enforcement of all such rights by the Guest Authors against Positive Impact Life, LLC.
All Guest Authors agree to defend, indemnify, and hold harmless, Positive Impact Life, LLC, its officers, directors, employees, attroneys and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) Guest Author use of and access to the website; (b) Guest Author violation of any term of these Legal terms; (c) Guest Author violation of any third-party right, including without limitation any copyright, trademark, property, privacy or image or likeness rights; or (d) any claim that one of your Guest Author Submissions caused damage or death to a third party. This defense and indemnification obligation will survive any Guest Author use of the website and submission to this website and is a binding legal agreement.
The two Founders of Positive Impact are not considered Guest Authors.
Positive Impact Life, LLC, does not permit copyright infringing activities, infringement of intellectual property rights, or infringing rights of privacy or publicity on its website.
Positive Impact Life, LLC, will remove all content and user submissions if properly notified in a manner consistent with law and Positive Impact Life, LLC’s copyright infringement notification policy that such content or user submission infringes on another’s legal rights.
Copyright Claims
I. If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent at our business address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Positive Impact Life, LLC, designated Copyright Agent to receive notifications of claimed infringement can be contacted at: positiveimpactempire AT gmail.com (change AT to @ and take out spaces to send e-mail). Please put, “COPYRIGHT CLAIM” in the Subject line.
II. You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
III. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Repeat Infringers. Positive Impact Life, LLC, will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
5. Your name, address, telephone number, and e-mail address, a statement that you consent to the venue, forum and personal jurisdiction of the federal court in the Middle District of Florida, Tampa Division, Tampa, Florida, US and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
6. If a counter-notice is received by the Copyright Agent, Positive Impact Life, LLC, may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Positive Impact Life, LLC, sole discretion.
Trademark Claims
If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), Positive Impact Life, LLC requests that the Complaining Party substantiate such claim by providing the following information via email to E-mail: positiveimpactempire AT gmail.com (Please replace AT with @ and remove those spaces to send e-mail) . Please put the words “TRADEMARK CLAIM” in the Subject Line of the email.
To be considered effective, a notification of a claimed trademark violation must include the following information:
The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
The jurisdiction or geographical area to which the mark applies.
The name, post office address and telephone number of the owner of the mark identified above.
The goods and/or services covered by or offered under the mark identified above.
The date of first use of the mark identified above.
The date of first use in interstate commerce of the mark identified above.
A description of the manner in which the Complaining Party believes its mark is being infringed upon.
Sufficient evidence that the owner of the website that is claimed to be infringing is a GoDaddy customer.
The precise location of the infringing mark, including electronic mail address, etc.
A good faith certification, signed under penalty of perjury, stating:
The content of the website [identify website] infringes the rights of another party,
The name of such said party,
The mark [identify mark] being infringed, and
That use of the content of the website claimed to be infringing at issue is not defensible.
Upon receipt of the appropriate information identified above, for trademark claims, Positive Impact Life, LLC will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Positive Impact Life, LLC is investigating the claim, Positive Impact Life, LLC, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material and/or temporarily remove and/or deny access to the allegedly infringing material and/or suspend the alleged infringer’s login account.
If Positive Impact Life, LLC concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material, continue to suspend the alleged infringer’s login account and/or if it is solely stored on a Positive Impact Life, LLC server, deny any further access to the allegedly infringing material. If Positive Impact Life, LLC concludes that the Complaining Party has not raised a legitimate claim, Positive Impact Life, LLC will restore access to the allegedly infringing material.
Any legal disputes that arise over content or for any other on this site shall be construed and regulated under and by the laws of the United States and the State of Florida, excluding its conflict of laws principles. All users of this site expressly consent to the exclusive forum, personal jurisdiction, and venue of the Courts of the State of Florida, County of Pinellas and the United States District Court for the Middle District of Florida, Tampa Division, in any and all actions, disputes, or controversies relating to legal or equitable disputes on this site.
Business Office Address: 5008 Green Bay Road, Suite 107, Kenosha, Wisconsin 53144
Voice: +1.312.419.9445
E-mail: positiveimpactempire AT gmail.com (Change the AT to @ remove the spaces before sending).