|• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to,
those governing export control, consumer protection, unfair competition, anti-
discrimination or false advertising);
• that is or may reasonably be considered to be defamatory, libelous, hateful, racially or
religiously biased or offensive, unlawfully threatening or unlawfully harassing to any
individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party;
• that includes any information that references other websites, addresses, email
addresses, contact information or phone numbers;
• or that contains any computer viruses, worms or other potentially damaging computer
programs or files.
|• An identification of the copyrighted work claimed to have been infringed
• An identification of the material that you claim is infringing so that we may locate it on
• Your address, telephone number and email address
• A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law
• A statement by you that the above information in your notice is accurate, made under
penalty of perjury, and that you are authorized to act on behalf of the owner of the
copyright interest involved
• Your signature
This User Agreement is a legal agreement between you JustcakeToppers.com & CK
Auctions Inc. governing your participation on the justcaketoppers.com site and its sister
sites including ck-auctions.com and all co-branded versions of these sites, which are
referred to collectively as the "CK-Auctions.com Network." By using, accessing, or
registering as a member of the CK-Auctions.com Network, you agree to be bound by
and hereby become a party to all the terms of this Agreement. If you do not agree with
the terms and conditions in this Agreement, you should not use justcaketoppers.com &
the CK-Auctions.com Network.
JustCakeToppers.com can amend this Agreement either by e-mailing you about the
amended terms, which take effect when justcaketoppers.com sends you the email, or
by posting the amended terms on the justcaketoppers.com site, which takes effect
when justcaketoppers.com posts them. By continuing to access or use the CK-Auctions.
com Network after any such amendment, you agree to be bound by the terms of the
amended Agreement. Otherwise, this Agreement may be amended only by a writing
physically signed by CK Auctions Inc.
JustCakeTopper.com reserves the rights to refuse access to our network or
participation in our services at anytime and for any reason. JustCakeToppers.com will
not be liable for any direct, indirect, incidental, special, consequential or punitive
damages of any kind resulting from the use of or the inability to use JustCakeToppers.
com services, resulting from any goods or services purchased or obtained or message
received or transactions entered into through JustCakeToppers.com services, resulting
from loss of, unauthorized access to or alteration of a user’s transmissions or data or
for the cost of procurement of substitute goods and services, including but not limited to
damages for loss of profits, use, data or other intangibles, even if JustCakeToppers.
com had been advised of the possibility of such damages.
JustCakeToppers.com is affiliated with other sites that may produce search results that
reference or list other sites and information throughout the internet. JustCakeToppers.
com does not have any control over such sites and information, and therefore we make
no guarantee to the accuracy or quality of the content. JustCakeToppers.com
assumes no responsibility for any damage to your computer or loss of data that results
from downloading such material and or data off of JustCakeToppers.com or our outside
Certain features and services on justcaketoppers.com (for example, the Newsletter E-
Mail Service) require that you register on the site. You agree as a condition of use and
registration that we may contact you to inform you of changes to this Agreement or
describe new services available on justcaketoppers.com. You are responsible for
safeguarding the password that you use to access any secure areas of justcaketoppers.
com. You agree not to disclose your password to any third party. You agree to take
sole responsibility for any activities or actions under your password, whether or not you
have authorized such activities or actions. You will immediately notify justcaketoppers.
com of any unauthorized use of your password.
JustCakeToppers.com provides a number of different services to assist you in shopping
for products. JustCakeToppers.com provides information regarding products and third-
party merchants, and links to third-party merchants that are selling listed products.
JustCakeToppers.com also provides you the opportunity to buy products and pay for
them using our Shopping Cart Service. At checkout you can pay via Credit Card, Debit
Card, PayPal, or by sending a money order to our company address. If
justcaketoppers.com needs any additional information from you for the transaction, you
will be asked to fill in the information we request, all of which will be subject to our
information to our merchant who will fulfill your order. JustCakeToppers.com is paid by
merchants or other third parties to list their products on justcaketoppers.com. The
products listed on justcaketoppers.com are sometimes sold by third-party merchants,
not by justcaketoppers.com.
Even though justcaketoppers.com offers a Buy It button for use with our Shopping Cart
Service, you acknowledge that justcaketoppers.com does not always sell, resell or
license all products listed on the CK-Auctions.com Network, nor is justcaketoppers.com
always acting as an agent of sale. We are merely making it easier for you to buy from
merchants who choose to offer goods using the CK-Auctions.com Network. You
acknowledge that justcaketoppers.com disclaims any responsibility for or liability related
to such products. You agree to direct any question, complaint or claims about
merchants (for example, about their products, customer service, or delivery) to the
appropriate merchant or seller, and about payments to the appropriate payment
JustCakeToppers.com does not warrant that product descriptions, pricing, editorial
commentary or any other content on the CK-Auctions.com Network, regardless of its
source, is accurate, complete, reliable or current. CK-Auctions.com Network content is
provided for informational purposes only and does not constitute an endorsement by
justcaketoppers.com of any product, service or merchant. You should not rely on such
information in situations where its inaccuracy would cause you to suffer any loss.
justcaketoppers.com assumes no liability for inaccuracy or incompleteness in its search
results, editorial content, user ratings or other content on the CK-Auctions.com Network.
Consumer reviews, testimonials, and ratings on justcaketoppers.com are from our
customers who have elected to post a review on the CK-Auctions.com Network. As
such, these reviews and ratings are informative for those wishing to use them, but they
do not guarantee any level of performance by a merchant or other third party in any
Participating merchants and other third parties may pay justcaketoppers.com to be
presented on the CK-Auctions.com Network or to have their product or service offerings
placed higher in our search results and may also purchase research from
justcaketoppers.com, but in no event do such payments affect the reviews or ratings
given to any merchant by participating members.
You may download, view and print a single copy of any content, solely for your personal
and non-commercial purposes, subject to the restrictions set forth in this Agreement.
All rights, title, and interest in and to justcaketoppers.com and any content appearing
on the CK-Auctions.com Network will remain the exclusive property of justcaketoppers.
com and its licensor's. Except as expressly permitted in this Agreement, you may not
reproduce, modify or prepare derivative works based upon, distribute, sell, transfer,
publicly display, publicly perform, transmit or otherwise use justcaketoppers.com or any
other content appearing on the CK-Auctions.com Network. You may not copy or modify
the HTML code used to generate web pages on justcaketoppers.com. You may not
use justcaketoppers.com, or any other content appearing on the CK-Auctions.com
Network, on or in connection with any other website for any purpose.
You retain all ownership rights to the information, text, graphics or other materials you
publish on justcaketoppers.com & the CK-Auctions.com Network. However,
justcaketoppers.com can reproduce, publish and distribute all or teaser portions of your
content online and offline and permit others to do the same. You can edit or remove
your content from justcaketoppers.com at any time; but if we have distributed your
content to others, we may be unable to require them to make the same changes.
JustCakeToppers.com asks that you refer or provide links to the CK-Auctions.com
Network if you choose to republish your content elsewhere and that you do not publish
the same items of content on both justcaketoppers.com & the CK-Auctions.com Network
and other product or price comparison sites.
All content available on justcaketoppers.com, including site design, text, graphics,
interfaces and the selection of arrangements thereof is copyrighted by CK Auctions
Inc., with all rights reserved, or is the property of justcaketoppers.com or third parties
protected by intellectual property rights.
CK-Auctions.com and JustCakeToppers.com are service marks of CK Auctions Inc.
JustCakeToppers.com service marks/trademarks may not be used in connection with
any product(s) or service(s) that is not provided by the CK-Auctions.com Network, in
any matter that is likely to cause confusion among customers, or in any manner that
disparages or discredits justcaketoppers.com.
If you believe content on justcaketoppers.com infringes your copyright, you should
send notice of copyright infringement to our Copyright Agent. Your notice must meet
the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C.
§512) by providing the following information :
|CK Auctions Inc.
Attn: Copyright Agent
450 Hills Side Dr.
Bldg B Suite 200
Mesquite NV 89027
or send via e-Mail email@example.com
(Attn: Copyright Agent).
Upon receipt of notice as described above, justcaketoppers.com will take whatever
action, in its sole discretion, it deems appropriate, including removal of the challenged
content from justcaketoppers.com & the CK-Auctions.com Network.
JustCakeToppers.com is not in a position to arbitrate trademark disputes between the
advertisers on the CK-Auctions.com Network and trademark owners. Accordingly,
justcaketoppers.com encourage trademark owners to resolve their disputes directly with
the advertisers, particularly because the advertisers may have similar advertisements
on other sites. Similarly, justcaketoppers.com does not control and assumes no
responsibility for content that appears on a third party's website that may be accessed
via the CK-Auctions.com Network, and trademark owners should contact third-party
sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, justcaketoppers.com
are willing to perform a limited investigation of reasonable complaints. If you are an
owner of a registered trademark (or represent an owner of a registered trademark) and
have an objection to content corresponding to your trademark on justcaketoppers.com
that is consistent with the foregoing, or if you believe that justcaketoppers.com has
improperly used your registered trademark to promote the CK-Auctions.com Network on
a third-party website, please provide the following information in a signed letter on
company stationery :
|• Name of Company
• Contact information (including email address)
• List of registered trademark(s) at issue including a copy of each relevant federal
trademark registration certificate(s)
• The identity of the advertisement(s) at issue (via the URL stated on the bottom line of
the ad or other identifying information). Please indicate if your complaint is limited to
specific advertisers/advertisements or if it is a general objection to all advertisers.
• If certain affiliates or partners are permitted to use your trademark in their ad content,
please list the company names in your letter.
• Include the following statement: "I have a good faith belief that use of the trademarks
described above with the advertisements described above are not authorized by the
trademark owner or its agent, nor is such use otherwise permissible under law."
• Include the following statement: "I represent that the information in this notification is
true and correct and that I am authorized to act on behalf of the trademark owner."
• Your signature
Please send this written communication with the above information to them following
|CK Auctions Inc.
Attn: Trademark Complaints
450 Hills Side Dr.
Bldg B Suite 200
Mesquite NV 89027
or sent via E-Mail : firstname.lastname@example.org
(Attn: Trademark Complaints).
You agree that you shall not post any information :
The notice should be mailed to :
Upon receipt of notice as described above, justcaketoppers.com will confirm the
existence of the federal registration of the trademark in question and will take whatever
action, in its sole discretion, it deems appropriate, including removal of the challenged
content from the CK-Auctions.com Network. In the event that the challenged content
has been provided to justcaketoppers.com by a third party and in justcaketoppers.com
sole discretion, justcaketoppers.com concludes that the content is identical to the
registered mark and is used in connection with goods and/or services covered by the
trademark owner's federal registration, justcaketoppers.com will provide to notice to the
third party prior to any removal of content. If prior to such removal, the third party
demonstrates that it has its own trademark registration or approved trademark
application covering the challenged content, justcaketoppers.com will not remove the
content. Not withstanding the foregoing, justcaketoppers.com will comply as
appropriate with the terms of any court order relating to the behavior of the challenged
party identified in such court order.
You can cancel your account at any time by contacting Customer Support.
JustCakeToppers.com can cancel your account or otherwise refuse service to you at
any time for any reason (including repeat infringement). JustCakeToppers.com may
choose to assume that you intended to terminate your account if you do not access it
for more than 3 months. Following termination of your account for any reason
(including inactivity), at their sole option, justcaketoppers.com and it's licensees may
continue or stop publicly displaying some or all of your content, and all of your existing
credits automatically expire, and no new credits will accrue.
Other Rules :
You agree to comply with all laws and regulations applicable to your access and use of
justcaketoppers.com & the CK-Auctions.com Network and publishing your content. You
may not harvest personal data (including email addresses) from justcaketoppers.com,
and specifically you may not use email addresses displayed on our sites to ask users to
join or contribute to your services. JustCakeToppers.com has the right to investigate
and prosecute violations of any of the above to the fullest extent of the law.
JustCakeToppers.com may involve and cooperate with law enforcement authorities in
prosecuting users who violate the terms of this Agreement. You acknowledge that
justcaketoppers.com.com has no obligation to monitor your access to or use of the
CK-Auctions.com Network, but has the right to do so for the purpose of operating the
CK-Auctions.com Network, to ensure your compliance with this Agreement, or to comply
with applicable law or the order or requirement of a court, administrative agency or
other governmental body. Unless we explicitly agree otherwise in writing, you may not
use any automated means (such as scripts) to access justcaketoppers.com or collect
information from it.
By choosing to use justcaketoppers.com, you agree to indemnify justcaketoppers.com,
its officers, agents, partners and employees from any and all claims or damage,
including reasonable attorney's fees, made by third parties due to or arising out of
Content you choose to submit, post or transmit through justcaketoppers.com; your use
of or connection to the CK-Auctions.com Network; your violation of the User Agreement;
or your violation of any rights of another.
In the event that you have a dispute with one or more users (including merchants) of
justcaketoppers.com, you, on behalf of yourself (and any of your officers, directors,
employees, agents, predecessors, successors and assigns), hereby irrevocably
release and discharge justcaketoppers.com, our officers, directors, employees,
attorneys, predecessors, successors, assigns and agents from, against and in respect
of all past, present and future claims, rights, actions, causes of action, suits,
indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any
kind or nature whatsoever, including without limitation court costs and attorneys' fees,
whether known or unknown, concealed or hidden, fixed or contingent, suspected or
unsuspected, in law or in equity, concerning, related to or arising out of any such
disputes. To ensure that the release provided in this Agreement is fully enforceable in
accordance with its terms, you knowingly and voluntarily waive any protection that you
might have in relation to the release set forth in this section by virtue of §1542 of the
Nevada Civil Code, which provides: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement with the
debtor." In addition, you hereby knowingly and voluntarily waive any protection that may
exist under any comparable or similar statutes or principles of common law applicable in
states other than Nevada as it pertains to the enforcement of the release in this section.
Liability Limits :
JustCakeToppers.com and its suppliers shall not be liable to you for any lost profits or
special, incidental or consequential damages arising in any way (including negligence)
out of or in connection with justcaketoppers.com and its parent, subsidiary or affiliate
companies, our services or this Agreement. Other than for credits,
justcaketoppers.com and our suppliers shall not be liable to you for more than $100.
Certain state laws do not allow the exclusion or limitation of certain damages. If these
laws apply to you, some or all of the above exclusions or limitations may not apply to
you, and you might have additional rights.
Governing Law/Arbitration :
This Agreement is governed by Nevada law as such laws apply to Agreements entered
into and to be performed entirely within Nevada between Nevada residents and without
regard to conflict of laws. Any claim arising out of or relating to this Agreement or
justcaketoppers.com shall be settled by binding arbitration in Nevada in accordance
with the American Arbitration Association's commercial arbitration rules. Any such claim
shall be arbitrated on an individual basis, not consolidated with another party's claim.
Each of us may conduct discovery per Nevada CCPA §1283.05 and §1283.1.
Judgment on the arbitration award may be entered into any court with jurisdiction, and
the arbitrator's award shall not be appealable or reviewable except as permitted by
Nevada law. However, each of us may seek interim relief from Nevada court to protect
the party's rights or property while arbitration is pending, and at our option, we may
bypass arbitration in cases of fraud or other crimes against us, interference with our
technical operations or violations of our rights or property.
constitute the entire Agreement and supersede any other Agreements or
understandings (oral or written) between you and us with respect to their subject
Disclaimer of Warranties :
JustCakeToppers.com and its services are provided "as is," without express or implied
warranty or condition of any kind, and we explicitly disclaim any warranties of
merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement.
We do not promise or warrant that any aspect of the sites or system will work properly
or that the information provided is complete or accurate or will be continuously
available. JustCakeToppers.com may contain links to third-party websites or
resources. You acknowledge and agree that we are not responsible or liable for: the
availability or accuracy of such websites or resources; or the content, products or
services on or available from such websites or resources. Links to such websites or
resources do not imply any endorsement of such websites or resources or the content,
products or services available from such websites or resources. You acknowledge sole
responsibility for and assume all risk arising from your use of any such websites or
resources. JustCakeToppers.com shall make reasonable efforts to ensure that the
Shopping Cart Service requests are processed accurately and in a timely manner and
but we make no representations or warranties regarding the amount of time needed to
complete processing, because our Shopping Cart Service is largely dependent upon
many factors outside of our control. Your correspondence with or participation in
promotions of merchants or advertisers found on justcaketoppers.com, including
payment and delivery of related goods or service, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you
and such merchant or advertiser. You agree not to hold justcaketoppers.com liable for
any loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such merchants or advertisers on the justcaketoppers.com
Network. In addition, justcaketoppers.com.com does not endorse, warrant or guarantee
the products or services of any seller, lender or broker, including any rates, points and
loan programs posted by sellers, lenders or brokers. Nothing on the
justcaketoppers.com constitutes an advertisement for credit as defined by Paragraph
226.24 of Regulation Z of the federal Truth in Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws apply to
you, some or all of the above disclaimers may not apply to you, and you might have
You agree that this Agreement and all agreements and information incorporated herein
may be automatically assigned by justcaketoppers.com, in its sole discretion, to a third
party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or
franchise relationship. Because you are not an employee, minimum wage laws do not
apply to your relationship with justcaketoppers.com. Our failure to act in a particular
circumstance does not waive our right to act with respect to that or other
circumstances. We shall be excused for any problem due to a factor beyond our
control. If any provision of this Agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of the Agreement will remain in full
force and effect, and the provision affected will be construed so as to be enforceable to
the maximum extent permissible by law. Any waiver of any provision of this Agreement
will be effective only if in writing and signed by justcaketoppers.com
Content Submission :
By contributing or submitting any content to justcaketoppers.com, you warrant that you
are the author and owner of the intellectual property rights there to, and you grant
justcaketoppers.com a worldwide, perpetual, irrevocable, royalty-free, transferable right
and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create
derivative works from, sell and distribute, or incorporate such materials into any form,
medium or technology, without compensation to you. In addition, you warrant that all
"moral rights" that you may have in those materials have been voluntarily waived by
you. None of the materials shall be subject to any obligation of confidence on the part
of justcaketoppers.com, its agents, subsidiaries, affiliates, co-brand partners or other
partners and their respective directors, officers and employees. JustCakeToppers.com
reserves the right to change or delete any content on the CK-Auctions.com Network
that justcaketoppers.com deems, in its sole discretion, to violate the content guidelines
or any other provision of this Agreement.
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All Rights Reserved.
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