Effective as of January 23, 2020.
PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By using a Site, you agree that you have read, accept, and agree to these Terms. Do not use any Site if you do not agree.
ARBITRATION NOTICE: Except as described in the Disputes section, 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).
1. Your Account. You may browse parts of a Site without creating an account. However, to access certain features, you must create an account that may require you to create a user name and password and provide other information. Keep your user name and password confidential. You are responsible for your account activity and the accuracy of the information you provide. You must notify us immediately if you suspect any unauthorized activity.
2. Closing or Suspending an Account. You may close your account by contacting us at firstname.lastname@example.org stating that you wish to close your account. However, we may close or suspend your account without notice; if we do, you may no longer have any access to it.
3. Authorized Use of the Sites and Site Content. You may use a Site and any material on a Site (such as images and text, the domain name, code, and the elements that make up its “look and feel”) (collectively, “Site Content”) only for your own personal, non-commercial use. This personal, non-commercial use includes:
You acknowledge that these authorized uses do not grant you any ownership or other rights in a Site or any Site Content, including links, sharing, or Widgets. We may revoke our authorization at any time.
4. Prohibited Use of the Sites and Site Content. You may not:
A Site may also permit interactions between the Site and a third-party website or online feature, including applications that connect a Site or your profile on a Site with a third-party site or feature. For example, a 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 a Site.
These Terms do not apply to any third-party sites or features, products, or services, including those to which a Site may link that 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 a Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.
6. User Content. A Site may permit you to submit or post photos, audio, video, comments, text, files, social media posts, or other content, including information that identifies you, such as your name, user name, likeness, biographical information, and other characteristics (“User Content”) through interactive or other features, such as: (a) posting a product review, asking or answering a question, or commenting on a blog post; (b) participating in a message board, chat room, discussion forum, or other interactive service; (c) posting content that you have created, such as text, photos, videos, or other material; (d) including on our Site (with your permission) text, photos, videos, or other material that you have posted on social media ; and (e) entering a sweepstakes or contest (“Submission Features”).
By providing User Content, you grant to us a non-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 Additional Terms 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.
7. Prohibited Use of User Content. You may not post, submit, email, or otherwise make available User Content that:
8. Unsolicited Ideas. We welcome your feedback and your participation in Site features. However, we do not review any unsolicited ideas, inventions, suggestions, or materials to avoid misunderstandings if we (or someone we are working with) develop something that seems similar to what you submitted. By submitting any unsolicited idea, invention, suggestion, or other materials (through the Sites, by email, or regular mail, or any manner), including User Content, you agree—regardless of what you might say as part of the submission—that: (a) it is not confidential or proprietary to you, (b) we have no obligation to acknowledge receipt or return it to you, and (c) we are free to use, distribute, or disclose it without any compensation to you or any third-party.
9. Disclaimer of Warranties. To the fullest extent permitted by law, the Sites and materials on these Sites are provided “as is”, “as available” and “with all faults.” To the fullest extent permitted by law, Wilton, its vendors, licensors, and suppliers, and the directors, officers, employees, and other representatives of each (collectively, “Wilton Parties”):
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.
10. Limitation of Liability. The Wilton Parties will not be liable for special or consequential damages that result from the use of, or the inability to use, a Site or Site Content. In no event will the total liability to you by the Wilton Parties for any claims, damages, losses, and causes of action exceed the amount you paid us, if any, for accessing the applicable Site or, if you did not pay us, $10.00 USD. This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law or to limit or exclude liability for personal injury or property damage caused by the Wilton Parties, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct by the Wilton Parties.
11. Indemnity. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Wilton Parties from and against any and all claims, damages, losses, costs, and expenses, including (but not limited to) attorney’s fees arising from: (a) your breach of any of these Terms or Additional Terms, (b) your content and materials, including (but not limited to) submissions and User Content, (c) your use of any Site, Site Content, or Site features as permitted by us or (d) your violation of law or any agreement you have with a third-party.
12. Disputes. You agree that these Terms and your use of any Site is governed by the laws of the State of Illinois, United States of America. Both you and the Wilton Parties waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action.
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 any 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 any Site.
13. Miscellaneous. If any of the provisions of these Terms are found unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be considered severable from these Terms and will not affect the validity and enforceability of the other provisions. This is our entire agreement regarding this subject. If Wilton does not act after you or others breach these Terms, it does not waive Wilton’s right to act in the future. You agree that these Terms will not be construed against Wilton because Wilton has drafted them. Provisions of these Terms that would logically survive termination will survive the termination of these Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability, Disputes).
14. Permissions. If an activity is not expressly authorized by these Terms, then you do not have permission to do it. To request permission to access or use a Site or Site Content in a way that is not expressly authorized, for example, to link to a Site with a link that is not a plain-text link or use Site Content on your website, send an email to email@example.com. You understand that we may not grant you permission.
15. Digital Millennium Copyright Act (“DMCA”) Notice. We respect the copyright interests of others. It is our policy not to permit materials that we know to infringe copyright to remain on a Site.
If you believe any material on a Site infringes a copyright, then provide us with written notice that, at a minimum:
All DMCA notices should be sent to our designated agent as follows:
Wilton Brands LLC 535 East Diehl Road Naperville, Illinois 60563 ATTN: Legal Department
or via email to: firstname.lastname@example.org
If a third-party repeatedly infringes the copyrights of others, then it is our policy to terminate their privileges on our Site and take other appropriate action.
16. Updates to Terms. You agree that we may update these Terms at any time (“Updated Terms”) by posting the Updated Terms on the Sites so that they are accessible via a link on the home page and that if you use any of the Sites (or do some other act that we reasonably specify) after we have posted the Updated Terms, you agree to them. The Updated Terms will take effect when posted unless a later date is specified. Therefore, you should periodically review these Terms before using any Site.