Effective May 25, 2018.
These Terms apply when you access, visit, or use the joleeseasyimage.com website operated by Wilton Brands LLC or its affiliates or subsidiaries ("Wilton", "we", "us" or "our") and that include a link to these Terms ("Site"). Please also review our , which applies to your use of the Site.
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.By using the Site, you agree that you have read, accept, and agree to these Terms. Do not use the Site if you do not agree.
ARBITRATION NOTICE: Except as described in thesection, you agree that any dispute between you and Wilton will be resolved by binding, individual arbitration. That means that an arbitrator, not a judge or jury, will decide the dispute and that you waive your right to bring an action in court. You also waive your right to bring a dispute as, or participate in, a class, consolidated, representative, collective, or private attorney-general action or arbitration.
We may offer a feature that has its own terms and conditions in addition to these Terms ("Additional Terms"). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply (unless the Additional Terms state that they do not apply).
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You acknowledge that these authorized uses do not grant you any ownership or other rights in the Site or any Site Content, including links, sharing, or Widgets.Further, we may revoke our authorization at any time and, in connection with sharing, Widgets, and links if, in our opinion:(a) you imply that we or the Site is endorsing, sponsoring, or otherwise affiliated with any third party or its products or services; (b) the surrounding content presents false information about, disparages, tarnishes, or otherwise harms us or our products or services; (c) the link appears on the same page as content that could be construed as offensive, controversial, or otherwise objectionable.
The Site may also permit interactions between the Site and a third-party website or online feature, including applications that connect the Site or your profile on the Site with a third-party site or feature. For example, the Site may permit you to share a link and Site Content to your social network or by email or to indicate on your social networking page that you "like" a specific product on the Site.
These Terms do not apply to any third-party sites or features, products, or services, including those to which the Site may link, which we do not control. To the fullest extent permitted by law, neither Wilton nor its service providers are responsible for the actions of any third party. You acknowledge and agree that we make no representation or warranties about the completeness or accuracy of any third-party site and you use it at your own risk. If you choose to connect your information on the Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.
By providing User Content, you grant to us anon-exclusive, worldwide, irrevocable, perpetual, transferable, and royalty-free right to use, copy, distribute, display, perform, modify, translate, store, or otherwise exploit the User Content (including identifying information, such as your name, likeness, etc.) in any media throughout the world. You represent and warrant that you own or have all necessary rights to provide your User Content and license it to us as described above and in accordance with any AdditionalTerms that may apply; that your User Content is accurate; and that use of your User Content does not violate these Terms or violate or infringe on the rights of any third party and will not cause harm . At our request, you will provide us with documentation to verify your compliance with these Terms.To the fullest extent permitted by law, you waive any "moral rights" you may have in your User Content, even if you do not agree with our use or how we have modified it.
We may, but are not required to, screen, monitor, edit, or remove any User Content or other material that (in our opinion) violates these Terms or the standards for the Sites. However, we are not responsible for the substance of User Content; you acknowledge that you may be legally responsible for your User Content.
. Disclaim all warranties, express or implied in connection with each Site, including (but not limited to) any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or custom.
. Do not represent or warrant that the Site (or Site Content) will be uninterrupted or error-free or that the Site or its server is free of viruses or other harmful components.
. Do not represent or warrant that the information (including any instructions) on the Site is accurate, complete, or reliable.
Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
Except for the Wilton Parties' right to seek injunctive or equitable relief in a state and federal court located in DuPage or Cook County, Illinois (or any other court with jurisdiction over the parties), the parties each agree to finally settle all disputes arising out of or relating to the Site only through binding arbitration before a sole arbitrator under the streamlined arbitration rules procedures of JAMS Inc. ("JAMS").In arbitration, there is no judge or jury and review is limited.With limited exceptions, the arbitrator's decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction.If JAMS does not set a hearing date within 14 days of the filing of a "demand for arbitration," then a party may elect to have the arbitration administered by a mutually-agreed arbitration service.If an in-person hearing is required, it will take place in, Chicago, Illinois; New York City, New York; Nashville, Tennessee; or Los Angeles, California (whichever is closest to your residence) or near your hometown if the JAMS rules require.A dispute will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason a court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction located in DuPage or Cook County, Illinois.Wilton will pay the administrative and arbitrator's fees to conduct the arbitration (but not travel or other costs you incur).Either party may, notwithstanding this provision, bring qualifying claims in small claims court.In no event will you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation or exploitation of the Site.
If you believe any material on the Site infringes a copyright, provide us with written notice that, at a minimum:
. Is signed (physically or electronically) by the copyright owner (or a person authorized to act for the copyright owner).
. Identifies the work claimed to be infringed (or, if multiple works, a representative list).
. Identifies the material claimed to be infringing that you are requesting be removed (or access to which blocked) along with information that will let us locate it.
. Your contact information (i.e., address, telephone number, email address, preferably all three).
. A statement that the complaining party has â€œa good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.â€�
. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Wilton Brands LLC
535 East Diehl Road
or via email to: email@example.com
If a third party repeatedly infringes the copyrights of others, it is our policy to terminate their privileges on our Site and take other appropriate action.