Community Content, License Terms & Conditions
By accessing “CakeCentral.com” (hereinafter “we”, “us”, “our”, “Cake Central Media Corp.”, “CakeCentral.com”, “http://www.cakecentral.com”, “Cake Central”, “CakeCentral.com Website”, “CakeCentral.com Forum”, “CakeCentral.com Gallery”), you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “CakeCentral.com”. We may change these terms at any time and we will do our utmost to inform you, though it would be prudent to review this regularly yourself as your continued usage of “CakeCentral.com” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
RIGHTS TO SUBMITTED CONTENT
Cake Central does not claim ownership of Content you submit or make available for inclusion on the Cake Central Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Cake Central Services, you grant Cake Central the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Cake Central Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Cake Central Services solely for the purposes of providing and promoting the specific Cake Central Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Cake Central Services and will terminate at the time you remove or Cake Central removes such Content from the Cake Central Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Cake Central Services other than Cake Central Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Cake Central Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Cake Central Services and will terminate at the time you remove or Cake Central removes such Content from the Cake Central Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Cake Central Services other than Cake Central Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
d. Cake Central is awarded an indefinite and irrevocable license on any content that is entered into, and which earns an award in, a Cake Central Contest.
As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither “CakeCentral.com” nor Cake Central Media Corp. shall be held responsible for any hacking attempt that may lead to the data being compromised.
Note that it is impossible for the staff or the owners of “CakeCentral.com” to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted content express the views of the author, and not necessarily the views of this website, its staff, subsidiaries, Cake Central Media Corp. or “CakeCentral.com”.
It is not possible for “Cake Central Media Corp.” to fully and effectively monitor when messages may infringe the copyright of a third party or other third party rights. If you believe that a message infringes any legal rights that you may have, you should notify “Cake Central.com” immediately with specific details by contacting “CakeCentral.com” here.
Anyone who feels that a posted content is objectionable is encouraged to notify an administrator of this website immediately. The staff and the owner of this website reserve the right to remove objectionable content if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular content immediately. This policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages, images, videos and other mediums. By submitting content to “CakeCentral.com” you agree to indemnify “Cake Central.com”, its related websites, subsidiaries, staff, and owners from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section. The Forums, Blogs, Galleries, and other areas of the website CakeCentral.com contain Messages submitted by users over whom “Cake Central.com” has no control. “Cake Central.com” cannot guarantee the accuracy, integrity or quality of any Messages.
Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific actions based on the information posted.
“Cake Central.com” employees, forum team members, forecasters and hosts (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by “Cake Central.com”. The opinions of those employees, forum team members, forecasters, hosts or special guests are their own and are not necessarily endorsed by “Cake Central.com”. They should not be considered by you as professional advisers.
The administrators of this website will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. Therefore you acknowledge that all posts made to this website express the views and opinions of the author and not the administrators or webmaster (except for messages by these people) and hence will not be held liable.
We aim to keep CakeCentral.com a positive, safe, and friendly environment for all that come here. We do not have any tolerance for cruelty, or unconstructive/negative comments and posts. If you disagree with someone, or have had a negative experience we encourage you to share, but you must keep your comments respectful and constructive.
PROHIBITED CONTENT & ACTIVITIES
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the CakeCentral Services. CakeCentral.com reserves the right to investigate and take appropriate legal action against anyone who, in CakeCentral.com’s sole discretion, violates this provision, including without limitation, removing the offending communication from the CakeCentral Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of CakeCentral.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a ***ual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, coupons, free products, free trials, surveys, votes or pyramid schemes;
14. includes a photograph of another person that you have posted without that person’s consent;
The following is a partial list of the kind of activity that is illegal or prohibited on the CakeCentral Website and through your use of the CakeCentral Services. CakeCentral.com reserves the right to investigate and take appropriate legal action against anyone who, in CakeCentral.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the CakeCentral Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the CakeCentral Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CakeCentral.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CakeCentral.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the CakeCentral Services, you acknowledge that you will have caused substantial harm to CakeCentral.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay CakeCentral.com $50 for each such unsolicited email or other unsolicited communication you send through the CakeCentral Services;
3. covering, blocking or obscuring the banner advertisements on your personal profile page, or any CakeCentral.com page via HTML/CSS, browser plugin or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the CakeCentral Services or the networks or services connected to the CakeCentral Services;
6. attempting to impersonate another Member or person;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the CakeCentral Services in order to harass, abuse, or harm another person;
10. using the CakeCentral Services in a manner inconsistent with any and all applicable laws and regulations.
You may post a link to your website in your signature, as long as it does not link to any inappropriate material. You may also have a “counter” or other signature image linked from another website as long as they are within the following guidelines:
1. Images must be no more than 100px high or 600px wide
2. Only 1 Banner image, or Counter may be used in your signature
3. Absolutely no obscene, violent, or adult themed images are permitted.
Private Messages are only partially private. All Private Messages are stored in our secure database. Only the site administrators have access to the Private Message logs and database. Any other member of “CakeCentral.com”, do not have access to anyone else’s Private Messages (PMs) but their own.
You may not use the Private Message system to solicit personal information from another member. If we receive complaints of inappropriate behavior or harassment via the Private Message system, your account may be terminated without notice.
USE OF THE PHOTO GALLERY
You must crop or blur out, all people’s faces before uploading your photos. Uploading photos with people’s faces, even your own face to the gallery is a violation of these terms and your photo uploading privileges will be revoked.
It is ok to upload photos of cakes that utilize a person’s face as part of the decoration. For example, if you made a cake that had a frosting sheet print out of someone’s face. That is ok. That is part of the actual decoration of the cake and is acceptable.
Duplicate photos are not allowed.
You may upload 1 photo of a cake and choose the most appropriate photo gallery for that 1 photo. On occasion it is ok to upload a different angle of your cake, but we prefer you only do that if it the other photo shows entirely different details of the cake, that are not visible at all in the other photo. Please try and limit any “different” angle photos to just 1, that way there are not more than 2 photos in the gallery of the 1 cake.
“NAUGHTY” OR ADULT THEMED CAKES
Adult themed cakes may only be uploaded to the Naughty Cake category. Uploading adult themed cakes to any other area will result in you losing your photo gallery privileges permanently.
OTHER PHOTO TOPIC RESTRICTIONS
Do not upload photos of non-food items. Any photos of diaper cakes and/or other crafts/subjects will be deleted immediately.
Do not upload photos of undecorated food items.
COMMENTING ON PHOTOS
You may only post positive comments. If the member has specifically asked for criticism on their cake, you may only offer constructive criticism. Any rude, or negative comments input by you will lead to your photo gallery privileges being revoked.
Businesses may not use the galleries, forums, or any other area of cakecentral.com in any way to sell their products or services. Advertising inquiries may be sent using our contact form.
Your account may be terminated at any time, and without warning, for violation of these terms and this decision is at the sole discretion of the administrators of “CakeCentral.com”.
If for any reason your account has been de-activated by the administrators of CakeCentral.com you may not create a new user account, login to our website under someone else’s username or otherwise try to circumvent your account termination/de-activation.
If you would like to be a part of the “CakeCentral.com” community again, or you feel that your account was terminated/de-activated in error you must contact the CakeCentral.com administrators.
Deactivation of your account does not cancel the right of “CakeCentral.com” to publish the content you have submitted while using “CakeCentral.com”.
You may not create or operate more than 1 user account per person. If you are having difficulties logging in, please troubleshoot the problem here or you require more than 1 user account you must contact the CakeCentral.com administrators.
INDEMNIFACATION & GOVERNING LAW
You agree to hold “CakeCentral.com” harmless from and release our Service (including our officers, directors, owners, agents and employees) from any and all liability arising out of any dispute that may result from your use of the Forum or any other features available on the website CakeCentral.com, its sub-domains, subsidiary sites or other publications (including any claim for direct, indirect, incidental or consequential damages or attorney fees, even if we are advised of the possibility of such damage, and whether arising in contract, tort or otherwise). If you nevertheless try to involve us in a dispute, you will comply with the Governing Law provision of this Agreement and pay our costs and expenses, including reasonable legal fees.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF WASHINGTON (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS).
You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and do not win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
You agree to indemnify Cake Central Media Corp. for any liabilities, cost or expense which may incur, including but not limited to attorney fees and court costs, as a result of your breach of the foregoing declaration.