TERMS OF SERVICE
As a user you must read and agree to this Terms of Service Agreement ("Agreement") if you are a User of Icing Artist .com.au website or any Icing Artist related websites. Icing Artist website consists of its site located at the URL http://Icing Artist .com, widget, and gadget for social networks (including but not limited to Facebook Platform, Instagram, Google OpenSocial, Pinterest and YouTube). Collectively herein, the Icing Artist Services and the Icing Artist website and applications will be referred to collectively as the "Site" or the “Services”.
You acknowledge and agree that, by (1) clicking the “Sign Up” or similar button via an Entry Point Site to access the Services, or (2) designing, sharing, printing an image, or (3) otherwise accessing or using the Services, you indicating that you have read these terms and accept and agree to these terms. If you do not agree with these terms, you must immediately cease all use of the Services and Subscriptions.
At the time of writing there are 2 types of users of the Services which is a registered user that has utilized the trial period and agrees to proceed as a subscriber registered with Icing Artist or who have registered with an authorized third party that provides access to Icing Artist Services ("Registered Users"), and visitors of the Site ("Visitors"), such as someone invited to view another's video.
The Registered Users may include (1) paid members, or users that have paid a subscription fee for using the Services ("Paid Users"), and (2) trial users ("Free Users").
You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service.
This Terms of Service Agreement was last updated on 1 October 2015. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
The Services are owned and operated by Edible Distributions Pty Ltd., a Registered Australian Company with ABN 26 169 881 663 and place of business at U355, 21-31 Commercial Road, Kingsgrove, NSW, Sydney, Australia. The Icing Artist Services provide Registered Users with the ability to have a graphical design ("Icing Artist Design") created by Icing Artist using uploaded photographs, ("Image Content") combined with an array of other tools and features to complete a design for the purposes of printing on a surface typically used in the edible printing industry.
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and Icing Artist is not liable to you for any temporary interruption in Services.
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Icing Artist immediately if you learn of an unauthorized use of your password.
PAYMENT OF FEES
Icing Artist may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party's Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
If, for any reason, your payment is not received by Icing Artist, your Paid User account will be suspended until payment is received by us. You agree that until your Paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are non-refundable.
CONDUCT ON SITE
You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your designs or communications through the site, including Image Content, Image sharing, and Designs printed (collectively, "Submissions").
You agree that you will not upload, share, or otherwise distribute any Submissions — including text, graphics or images or other information — that:
* are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
* contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
* victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
* infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
* constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
* contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
*contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or
* are to be used for a commercial purpose of any kind.
We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please fill out our feedback form. Make sure to include both the Uniform Resource Locator ("URL") for the non-complying design or content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Icing Artist arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You may not link to the Site unless you comply with these linking conditions.
Your ability to share your Icing Artist Design may depend on whether you obtained access to Icing Artist Services from an authorized third party, and therefore you may not have all of the sharing capabilities described. You may share your Icing Artist Designs hosted on the Site by using Icing Artist software and sharing tools to communicate your design to customers. You may also share your Icing Artist design by downloading it to a storage device, personal computer, or mobile device. The designs created on Icing Artist may be used for both personal, non-commercial and commercial uses.
You may also share your Icing Artist Designs the Site by emailing or otherwise sharing the link associated with your Icing Artist design.
Your right to link to the Icing Artist Site is expressly conditioned upon your compliance with the following restrictions:
- The link must either resolve to the homepage, " Icing Artist .com, Icing Artist .com.au" or to the link associated with a User Design.
- The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Icing Artist or any other third party.
- The link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site.
- The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Icing Artist ; and
- The link and surrounding materials must not portray Icing Artist , Icing Artist designs or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner.
Icing Artist Intellectual Property Rights. Edible Distributions Pty Ltd is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorized by us.
Icing Artist trademarks and/or service marks may not be used in connection with any product or service that is not provided by Icing Artist , in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Icing Artist .
Icing Artist software and services available on the Site are the subject of pending patent application(s), and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Service.
Others' Intellectual Property Rights. Icing Artist deeply respects the third party intellectual property rights that may be implicated in creating an Icing Artist built in graphics. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
In creating an Icing Artist designs using Icing Artist proprietary software, you will be able to use your own printable design for printing and sharing using graphics, shapes and text. You will be able to either upload your own Image Content, or select Image Content available from Icing Artist. Both the Image Contents have associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content and Musical Content.
Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in an Icing Artist design. For example, professionally-taken photographs should not be used in an Icing Artist design unless you have received permission from the photographer to do so.
Furthermore, if you want to publish Image Content of someone other than yourself, you must get permission from the individuals portrayed in the Image Content before using the content in an Icing Artist design. Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.
You hereby grant to Icing Artist a royalty-free, perpetual license to use, copy, create, modify, display and host your Icing Artist design with Image Content solely to the extent necessary for Icing Artist to provide the Services as described herein.
All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
Your account will be terminated if, at Icing Artist sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
LIMITIATION OF LIABILIITY
EXCEPT AS SET FORTH IN THE PARAGRAPH ENTITLED "WARRANTY CLAIMS" HEREUNDER, YOUR EXCLUSIVE REMEDY AND Icing Artist AND PROVIDER’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE OR THE ICING ARTIST SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID ICING ARTIST , IF ANY, FOR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL ICING ARTIST OR PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH THIRD PARTY WEBSITES LINKED TO FROM THIS SITE.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR IMAGE CONTENT AND MUSICAL CONTENT. Icing Artist SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR IMAGE OR MUSICAL CONTENT.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Icing Artist , Provider, and each of its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with Icing Artist terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity.
Icing Artist reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Icing Artist in asserting any available defenses.
USE OF SITE STORAGE AND MATERIAL
Upon registering with Icing Artist , you will be assigned one (1) user account. You are limited to one account per person.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited.
You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
You acknowledge that we reserve the right to suspend any Paid User account upon non-receipt of a subscription fee. Furthermore, we reserve the right to terminate any User account with no prior notice to you, including the deletion of any designs and content associated therewith, if the account has been inactive for a twelve (12) month period.
Do not rely upon this Site as a primary storage space for User content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.
We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Service for updates
Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. .
TERMINATION OF USE
We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The following sections of these Terms of Service will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.
The laws of the state of NSW, will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site, without regard to the conflicts of laws principles nor the NSW Sale of Goods Act 1923. You agree to submit to the exclusive personal jurisdiction and venue of the NSW District Court, in Sydney, New South Wales, Australia.
All notices to a User or to Icing Artist shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at firstname.lastname@example.org if by email, or send by mail to Icing Artist , PO BOX 459, New South Wales, 2192, Sydney, Australia. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by Australia post or international mail, return receipt requested; (4) on the delivery date if transmitted by facsimile; (5) on the delivery date if transmitted by email; or (6) immediately if broadcast by Icing Artist .
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by Icing Artist , in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.
Edible Distributions Pty Ltd T/.A Icing Artist Online ("we", ''us'', ''our'') are committed to protecting and respecting your privacy.
Information we may collect from you
We may collect and process the following data about you:
• Information that you provide to us in your dealings with us. This includes information provided at the time of registering to use our site, subscribing to our services or requesting further services and/or information from us.
• We may also ask you for information when you enter a competition or promotion sponsored by us, and when you report a problem with our site.
• If you contact us, we may keep a record of that correspondence.
• Details of transactions you carry out through our site and of the fulfillment of your orders.
• Details we receive from credit reference and fraud detection agencies.
• Details of your visits to our site including, but not limited to, traffic data, location data and the resources that you access.
Please note that we DO NOT view or retain any credit card details on our system for your added protection.
We may collect information about your computer, including where relevant your IP address, operating system and browser type. This data is processed for the purposes of fraud prevention, for various administrative purposes and may also be used by us to promote certain offers and advertisements according to your general location.
For the same reason, we may obtain information about your general internet usage by using a cookie which is stored on your browser or the hard drive of your computer. Cookies are text files which contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate, whereas others are aimed at enhancing and personalising your user experience.
The information gathered by cookies on our site(s) may be used in the following ways:
• To tailor advertisements or promotions you receive. For example, if you have looked at a specific type of edible product, we might use this information to personalise any subsequent advertisements you see. We may also personalise our service based on the type of computer system you use, together with the purchase pattern of other customers who may have looked at similar products to you.
• We may also provide you with advertisements which may be customised using information such as the search terms you use on our site. For example, if you searched for a specific product or accessed our site via a specific banner ad or search word, we may present you with content and/or offers linked to that banner ad or searchword.
• We may use navigational information about where you go on our site to better understand how our site is used and to ensure that the product offerings that are presented to you are relevant.
• We do not use any data about where you go, or present you with advertisements outside of our site other than on sites which provide for such use in their respective privacy policies.
• We may collect information on how frequently you visit the site and the type of products and/or services that you view to enable us to measure the popularity of our sites and our product offerings.
TYPES OF COOKIES
Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website, remembering how far you are through your pay as you go order, making sure that the icingartist.com.au website looks consistent or remembering what's in your basket. Without these cookies, many of the basic functionalities of our website - the stuff you expect the site to enable you to do like filling in your shopping basket, we simply can't provide.
Tip - these cookies make the basic functions of the website work.
These cookies collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don't. This understanding enables Edible Distributions Pty Ltd to continually improve the experience we deliver to you (and other visitors like you) so that the site is easy to use and includes content that you find helpful (for instance, performance cookies indicated that users find reviews really helpful and so that gave us confidence that we should provide more reviews on each product page) These cookies don't collect information that identifies a visitor - so we can't identify you individually.
All the information these cookies collect is aggregated and therefore anonymous. This information is only used to improve how the icingartist.com.au website works.
Tip - these cookies collect anonymous information on the pages visited.
These cookies allow the website to remember the choices you make as you browse the site (for instance, your login details to enable you to provide your comments in our new community forums). They provide more enhanced and personal features. The information they collect is anonymised and the usage only relates to www.icingartist.com.au - they cannot track your browsing activity on other websites once you've departed icingartist.com.au
Tip - these cookies remember choices you have made to improve your website experience on www.icingartist.com.au
ADVERTISING OR TARGETING COOKIES
These cookies are used to deliver adverts more relevant to you, and your interests (assumed by analysing your onsite browsing behaviour). They can also provide caps on the number of times you might see an advert - to hopefully stop them becoming annoying and repetitive. These cookies remember that you have visited icingartist.com.au, track what products you may have looked at, and this information may be shared with our advertising partners. If you see an advert from Icing Artist, once you have left our site and are browsing other sites on the internet, that magically seems to understand what previously interested you (you browsed a specific item on the site) then this is enabled by targeting cookies.
Tip - these cookies collect information about your browsing habits in order to make advertising more relevant for you.
Please note that it is not a good idea to reject all cookies as this could prevent you from gaining full use of this site. To learn more about cookies click here, or to disable them click here.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
• to provide you with goods and/or services that you have ordered
• to prevent and detect fraud, crime and money laundering
• to check your identity
• to trace and recover debts
• for credit and credit related services and to manage your accounts
• to update our records about you
• to make credit, fraud and identity checks on you (when applicable)
In addition, Icing Artist may use your Personal Information for research and statistical analysis to develop and improve our products and services.
You will also have the opportunity to consent to us contacting you by post, email, phone, SMS or MMS from time to time occasionally about products and services which Icing Artist and carefully selected third parties believe may be of interest to you.
If you are an existing customer, we may also contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you do not want us to use your data in this way please call us on 1300 303 348. Alternatively, you can write to us at us c/o Edible Distributions Pty Ltd, PO BOX 459, Belmore, New South Wales, 2192. Please note that it may take up to 28 days for such changes to take effect.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of Edible Distributions Pty Ltd.
We may disclose your personal information to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets; and