This User Agreement is a legal agreement between you JustcakeToppers.com & WIIS governing your participation on the justcaketoppers.com site and its sister sites and all co-branded versions of these sites, which are referred to collectively as the “WIIS Network.” By using, accessing, or registering as a member of the WIIS 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 WIIS 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 WIIS 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 WIIS.
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 links.
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.
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 WIIS 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 WIIS 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 processor.
JustCakeToppers.com does not warrant that product descriptions, pricing, editorial commentary or any other content on the WIIS Network, regardless of its source, is accurate, complete, reliable or current. WIIS 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 WIIS Network.
Consumer reviews, testimonials, and ratings on justcaketoppers.com are from our customers who have elected to post a review on the WIIS 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 given transaction.
Participating merchants and other third parties may pay justcaketoppers.com to be presented on the WIIS 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 WIIS 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 WIIS 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 WIIS Network, on or in connection with any other website for any purpose.
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 WIIS Network that justcaketoppers.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information :
- 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.
You retain all ownership rights to the information, text, graphics or other materials you publish on justcaketoppers.com & the WIIS 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 WIIS 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 WIIS 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 WIIS, 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 WIIS JustCakeToppers.com service marks/trademarks may not be used in connection with any product(s) or service(s) that is not provided by the WIIS 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 :
- 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 the site
- 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
The notice should be mailed to :
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 WIIS Network.
JustCakeToppers.com is not in a position to arbitrate trademark disputes between the advertisers on the WIIS 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 WIIS 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 WIIS 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
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 WIIS 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 WIIS 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 WIIS Network, but has the right to do so for the purpose of operating the WIIS 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 WIIS 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.
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 additional rights.
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