Prohibited Content Policy
1. It is a condition of use of this Website and the Services that a User will not post any Prohibited Content as set out below. Defined terms have the same meaning as set out in our terms and conditions. A User will not:
a. publish falsehoods or misrepresentations that could damage THE SMALLS or any third party;
b. submit Content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
c. post or encourage an illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
d. submit material that is otherwise subject to third party rights unless the User has the relevant permission to use such material and publish it on the Website;
e. impersonate another person;
f. post advertisements or solicitations of business; or
g. solicit personal information from anyone.
2. Any Content which includes any of the Content set out at clause 1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 1 to be Prohibited Content.
3. THE SMALLS reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and the User’s details to the appropriate law enforcement agencies, removing the Prohibited Content from our Website and terminating the User’s Membership.
4. We reserve the right to terminate access to our Website and our Services if a User is, in our absolute discretion, deemed to be a Repeat Infringer.
5. If a User believes that posted Content contains Prohibited Content, please complete our Notification of Alleged Breach of the Prohibited Content Policy Form available here.
6. Upon receipt of a completed Notification Form, we will adopt the procedure as set out below: We will consider the notification within 48 hours of receipt. We will assume that the complaint is justified unless it is manifestly frivolous or lacking in merit.
a. If we consider the complaint to be justified, we will remove the Content from the Website and will raise the complaint with the User.
b. If we consider the complaint not to be justified, we will raise the complainant’s complaint with the User but will not remove the Content from the Website. We will inform the Complainant of our reasons for keeping the Content posted.
c. If a User is alerted to a complaint by us via email, the User will have 7 days to respond to the complaint. If the User does not respond to a complaint, we will remove the Content from the Website.
d. If the User considers the complaint to be without merit, the User must respond to the complaint within 7 days and give his or her reasons. Such response will be forwarded by THE SMALLS to the complainant. The complainant will then be able to decide whether the matter is resolved or whether the complainant wishes to pursue alternative dispute resolution or take the matter to the courts.
7. If we consider the Member Submission to include Prohibited Content, we will not repost it, and may act in accordance with paragraph 2.
If the alleged breach is in relation to claimed intellectual property rights of the complainant, and if we consider the Member Submission not to be in breach of this policy, we will suspend posting the Member Submission until such time as complainant and the User either come to an agreement or such a decision is made pursuant to completed alternative dispute resolution.