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FORUMS AND DISCUSSION BOARDS

If you post on, contribute to or give feedback on any forum, discussion board or other part of the Website designed for you to communicate (including without limitation the Members’ photo gallery and blogs), Sections 4 “Forums and Discussion Boards”, 8 “Liability and Indemnity / Reimbursement””, 9 “Intellectual Property”, 10 “Privacy Policy” and 11 “Miscellaneous” apply.

When you publish content or information on the Website, it means that you are allowing everyone to access and use that information, and to associate it with you/your ID/username.  It is for this reason that we try to create a safe environment for you and other users of the Website (including non-paying and paying members) (“Users”) to share ideas and creations by having the following Proper Use Policy. 

PROPER USE POLICY

By interacting with the Website, you agree to abide by this Proper Use Policy which we may revise from time to time:

Users must keep all posting respectful and contributions should be accurate (where they state facts) and genuinely held (where they state opinions).  Any abusive, vulgar, obscene, disrespectful or negative comments will be removed as we see fit.

Attacks on individuals or businesses are prohibited.  The Website is intended to be helpful, friendly and supportive.  Any person or company found to attack another individual or company for any reason may have their membership suspended as in breach of these.  It is left to the discretion of Pretty Witty Cakes Ltd as to whether a comment or post is deemed an attack.

Advertising of competing sites that run online tutorials or online cake decorating classes will be removed as we see fit.  If a User seeks to advertise another online tutorial site in the forum, their membership or usage will be terminated as we see fit.

It is prohibited to download, reprint, copy, repost or otherwise share in any way whatsoever content, copy, photos and other intellectual property including but not limited to the design and functionality of the Website.  This includes using in any way or sharing in any way on another website, blog, Facebook page or any other social media forum or site any content from the Website. It also includes copying, imitating the functionality and design of the including, but not limited to the online tutorial video content, blog content, Reward Point System and any other aspects  of the Website. Should a User be found to have done this, they accept to account for the profits of any proceeds that they make from breaching this clause.  Pretty Witty Cakes reserve the right to take legal action for loss caused arising in any way from breach of this Policy.  

Unless otherwise stated, you cannot advertise your business, trade goods or service or use the Website in any commercial way whether for profit or otherwise. Any advertising on the Website is limited to paid advertising which is arranged directly with Pretty Witty Cakes Ltd.  If you wish to advertise with us, contact cupcakes@prettywittycakes.co.uk for a rate sheet.  We reserve the right to terminate your account if you advertise your or a competing business or website on the Website without permission.

No bulk email, spam or repeated postings are permitted any way on the Website.  Any User in breach of this clause will have their account terminated.
You will not collect Users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

You will not upload, transmit or facilitate viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or other malicious code.

You will not solicit login information or access an account belonging to someone else and you will only have one account and keep your login information safe.

You will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with page rendering or other Website functionality.

Pretty Witty Cakes Ltd will remove without notice any postings that are considered inappropriate.  The decision as to whether a post is inappropriate is left to the sole discretion of Pretty Witty Cakes Ltd and its employees. We reserve the right to terminate the account of members who post inappropriate comments.

Your contributions/posts and content you load onto the Website must not:

  1. contain any material which is defamatory of any person;
  2. contain any material which is obscene, offensive, hateful or inflammatory;
  3. promote sexually explicit material;
  4. promote violence;
  5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  6. infringe any copyright, database right or trade mark of any other person;
  7. breach any applicable law or regulation, including English law and regulation;
  8. be likely to deceive any person;
  9. be for the purpose of harming or attempting to harm minors in any way and you must not be a convicted sex offender;
  10. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  11. promote any illegal activity;
  12. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  13. be likely to bully, intimidate, harass, upset, embarrass, alarm or annoy any other person;
  14. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  15. give the impression that they emanate from us, if this is not the case; or
  16. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

WHAT IF THERE IS A BREACH OF THE PROPER USE POLICY?

We rely on you and the community of Users to report to us any breach of the Proper Use Policy so we can take appropriate action.
The Proper Use Policy is incredibly important to us and, if we believe (in our absolute discretion) that there has been a breach of this Proper Use Policy, we may take whatever action we think is appropriate notwithstanding the above.  The Proper Use Policy exists for the protection of every user of the Website and you agree to hold us harmless and not take any action against us for any action we may take in response to breaches of it.

If we believe that you have breached this Proper Use Policy, we may immediately and without notice take any action including but not limited to:

  1. withdraw your right to use the Website; and/or
  2. terminate our agreement with you; and/or
  3. remove any posting or material uploaded by you to the Website; and/or
  4. issue a warning to you; and/or
  5. institute legal proceedings against you for reimbursement of all our or others’ costs, damages and losses on a full indemnity basis (including, but not limited to, all administrative and legal costs); and/or
  6. disclose such information immediately to law enforcement or other authorities as we feel is necessary.

Breach of the Proper Use Policy is a material breach of these Terms and Conditions.  We will not be liable for actions taken in response to breaches of this Proper Use Policy.

DON’T RELY ON WHAT PEOPLE SAY ON OUR FORUMS AND DISCUSSION BOARDS

You should not rely on any information on our forums, discussion boards and social media accounts controlled by us, including but not limited to Facebook, Twitter, Flickr and Pinterest accounts ("Our Social Media Accounts").  You should do your own research and, not take it as advice in any sense at all.  You should consult a competent professional such as an accountant, lawyer or tax adviser if in doubt.

WE ARE NOT LIABLE FOR WHAT PEOPLE SAY ON OUR WEBSITE AND OUR SOCIAL MEDIA ACCOUNTS

We will not be liable for statements made by anyone on our Website or Our Social Media Accounts.  It is your responsibility to report it to us so that we may take action as we consider in our absolute discretion to be appropriate.

WHAT DO I NEED TO CONSIDER BEFORE I POST PHOTOS, VIDEOS OR OTHER INTELLECTUAL PROPERTY?

If you post content that is covered by intellectual property rights, like photos and videos (“IP”):

  1. you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP that you post on or in connection with the Website (“IP Licence”). This IP Licence ends when you delete your IP unless your IP has been shared with other Users or re-used by other Users on the Website, and they have not deleted it.  When you delete IP, it may persist in backup copies for a reasonable period of time (but will not be available to others); and
  2. you warrant to us that you have the power and authority to grant us the IP Licence and in particular that:
    1. you own the copyright to the IP as its author. If another person has photographed or filmed the IP, you warrant that you have received an assignment of all associated copyright to that IP from that person. We may ask to see evidence of that assignment at any time;
    2. your entry has not been copied, does not contain any third-party materials and/or content that you do not have permission to use, does not promote any goods or services other than ours or include any trade marks (other than those belonging to us), and does not show inappropriate or dangerous behaviour, or otherwise be obscene, defamatory, distasteful, offensive, or in breach of any applicable law or regulation, or in breach of any confidentiality obligations owed by you to third parties; and
    3. each individual whose image is featured in the IP has given consent for the use of his/her image in connection with this IP and in accordance with these General Terms and Conditions. Where an individual whose image is featured in such IP is aged less than the age of majority in the jurisdiction in which they reside you confirm that the parent or guardian of that individual has given the relevant consent.

You will indemnify us for any loss whatsoever that we suffer and hold us harmless (i.e. ensure the defence of) against any claim made by a third party against us in respect of the IP or the IP Licence.