website terms & Conditions

Last updated: November 2022

WHO WE ARE AND HOW TO CONTACT US

www.whyyoucreate.com is a website owned and operated by Bridie Hinson. We are a public relations and copywriting services provider and for more information see our About page on our website https://www.whyyoucreate.com/about.

The terms and conditions of use set out in this policy apply to the website owned, operated and controlled by Bridie Hinson, at www.whyyoucreate.com

To contact us, please email bridie@whyyoucreate.com 

BY USING OUR WEBSITE YOU ACCEPT THESE TERMS  

By using this Website, users are deemed to have full knowledge of the following terms and conditions and to accept them. 

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU 

These Terms refer to the following additional terms, which also apply to your use of our site:

COPYRIGHT

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No part of this Website may be reproduced, transmitted to, or stored on any other website or in any other form of electronic medium without express written consent from Bridie Hinson. 

If you wish to gain consent, please write to Bridie Hinson at bridie@whyyoucreate.com. We will endeavour to respond within one month. 

CONTINUITY AND QUALITY OF SERVICE

We will use reasonable endeavours to provide users with a prompt and continuing service. 

We do not warrant that the service it provides will continue uninterrupted or without delay or that it will remain unchanged. We reserve the right to bring the Website down as and when necessary for the purposes of maintenance. 

We will reasonably ensure that the information contained on the Website is correct, however it does not give express or implied warrant to the accuracy or completeness of the information. 

We intend to provide users with general information relating to Why You Create, its various services and other information which may be of relevance or interest to users. 

We may update and change our website from time to time to reflect changes to our products or services, our users’ needs and our business priorities. 

LINKS TO EXTERNAL SITES

The Website may contain hyperlinks to a number of websites owned, operated and controlled by third parties. 

We have no control over these third party websites and therefore makes no warranties in respect of the quality, security, accuracy or any other aspect of such sites and excludes any and all liability arising from the use of the same. 

SPONSORED CONTENT AND AFFILIATE LINKS

We may collaborate with companies, brands and individuals in some of the content, information and materials shared on our website. Where we are provided with any monetary or non-monetary benefit in return for promoting or featuring content about a company, brand, individual, product or service, we will make this clear in the materials.

We may use affiliate linking services in some of the materials shared on our website. Where we provide an affiliate link in our materials, and this is clicked on by a visitor, and subsequently a purchase is made by the visitor on that affiliate website, we may receive a commission payment from the affiliate website. Where we are sharing an affiliate link, we will make this clear in the materials.

You will not incur any extra or additional fees or charges by clicking on an affiliate link on our website, or making any purchases on the affiliate website using our affiliate link.

We are selective about the companies, brands, individuals, products and services we promote or collaborate with, and will only do so where there is alignment with our values. We will not promote or feature content about the products or services of, nor enter into collaborations with, companies, brands or individuals who do not meet our standards or who we do not believe will provide an offering of value to those visiting our website.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

DISCLAIMER 

We shall not be liable for any third party claims or losses of any nature, including but not limited to, loss of profits, indirect or consequential loss or loss due to circumstances beyond its reasonable control. 

We do not accept liability for any acts or omissions resulting from users’ decisions or opinions formed on the basis of using the Website. 

We may at any time change, modify, add to or remove part or all of these terms and conditions. Users should check these terms and conditions periodically to see if they have changed. Continued use of the Website following any change in the terms and conditions will be deemed acceptance of the changes. 

We make every effort to ensure that the information and data contained in the Website is correct. We accept no liability and does not guarantee that the information and data provided is up to date, correct and complete. This also extends to other websites referred to by means of a hyperlink. We are not responsible for the contents of such websites reached by means of such a link and reserves the right to modify or supplement the information or data provided without prior notice. 

ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the content standards that apply when you upload content to our website, make contact with other users on our website, link to our website, or interact with our website in any other way.

Prohibited Uses  

You may use our website only for lawful purposes. You may not use our website:

in any way that breaches any applicable local, national or international law or regulation;

  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  • for the purpose of harming or attempting to harm minors in any way;

  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;

  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”);

  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to access without authority, interfere with, damage or disrupt any part of our website;

  • any equipment or network on which our website is stored;

  • any software used in the provision of our website; or

  • any equipment or network or software owned or used by any third party.

Interactive Services  

 We may from time to time provide interactive services on our website, including, without limitation:

  • Chat rooms;

  • Bulletin boards;

  • Blog Posts;

(jointly the “interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content Standards  

These Content Standards apply to any and all material which you contribute to our website (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The Standards apply to each part of any Contribution as well as to its whole.

We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • be accurate (where it states facts);

  • be genuinely held (where it states opinions);

  • comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

  • be defamatory of any person;

  • be obscene, offensive, hateful or inflammatory;

  • promote sexually explicit material;

  • promote violence;

  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any copyright, design right, database right, trade mark or other intellectual property right of any other person;

  • be likely to deceive any person;

  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • promote any illegal activity;

  • be in contempt of court;

  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy any other person;

  • impersonate any person, or misrepresent your identity or affiliation with any person;

  • give the impression that the Contribution emanates from us, if this is not the case;

  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;

  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;

  • contain any advertising or promote any services or web links to other websites.

Breach of this Policy  

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our website;

  • immediate, temporary or permanent removal of any Contribution uploaded by you to our website;

  • issue of a warning to you;

  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

  • further legal action against you;

  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy and these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by and shall be construed in accordance with the law of England and Wales. Disputes in connection with the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.