2. Intellectual Property
You may not republish any portion of the Content in print or electronic media including but not limited to, any Internet, Intranet or extranet site. You may not incorporate the Content in any database, compilation, archive or cache. You may not distribute or participate in the distribution of any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape, cut and paste or otherwise copy our Content without permission. You also agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through foodarts.com, not to insert any code or product or manipulate the content of foodarts.com in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Food Arts and and foodarts.com are trademarks of M. Shanken Communications, Inc.. All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Food Arts and foodarts.com will enforce its intellectual property rights to the fullest extent of the law.
3. Intellectual Property Violations
As a condition of your ability to access and use foodarts.com, you agree that you will not violate any intellectual property rights of foodarts.com or M. Shanken Communications, Inc.
4. User-Provided Information and Content
For all such information and material, you grant foodarts.com, its affiliates and related entities, including its affiliated publication, Food Arts and M. Shanken Communications, Inc., a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize M. Shanken Communicatons, Inc. to share the information across all M. Shanken Communications, Inc. affiliated websites, to include the information in a searchable format accessible by users of foodarts.com and other foodarts.com websites, and to use your name and any other information in connection with its use of the material you provide. You also grant M. Shanken Communications, Inc. the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note foodarts.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to foodarts.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against foodarts.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
5. Transactions and E-commerce on Our Site
During your visit to our site you may elect to engage in a transaction involving the purchase of a product such as a subscription to a publication, a print or online advertisement or other tangible goods and uses. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Foodarts.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or use may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree foodarts.com is not responsible for such errors or discrepancies.
6. Other Specifics About Interactive Areas (Message Boards, Chat Areas, Automated Posting of Classified or Other Advertising, etc.)
Foodarts.com bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Given the nature of foodarts.com and the volume of messages and postings, foodarts.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures either through postings on the bulletin boards, chat rooms, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you. foodarts.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
7. Posting Rules
Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of foodarts.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by foodarts.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using foodarts.com, please do not post material that:
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, libelous, obscene, pornographic, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, or otherwise illegal material.
- violates any right of foodarts.com, Food Arts magazine, M. Shanken Communications, Inc. or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- unfairly interferes with any third party's uninterrupted use of foodarts.com.
- advertises, promotes or offers to trade any goods or uses, except in areas specifically designated for such purpose.
- uploads copyrighted or other proprietary material of any kind on foodarts.com without the express permission of the owner of that material.
- uploads or transmits viruses or other harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or violates the security of foodarts.com, or any uses, system resources, accounts, passwords, servers or networks connected to or accessible through foodarts.com or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
8. Communications with Third Parties Through foodarts.com
Your dealings or communications through foodarts.com with any party other than foodarts.com are solely between you and that third party. For example, certain areas of foodarts.com may allow you to conduct transactions or purchase goods or uses. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will foodarts.com be liable for any goods, uses, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
9. General Disclaimer and Limitation of Liability
While foodarts.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Foodarts.com does not represent or warrant that use of any Content will not infringe rights of third parties. Foodarts.com has no responsibility for actions of third parties or for content provided or posted by others.
USE OF foodarts.com IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER ,foodarts.com, FOOD ARTS, M. SHANKEN COMMUNICATIONS, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING foodarts.com, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR USES AVAILABLE ON OR THROUGH foodarts.com, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF foodarts.com OR SUCH CONTENT OR USES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES foodarts.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. Foodarts.com AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
Foodarts.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Foodarts.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE foodarts.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION INCLUDING SPECIFICALLY FOR PURCHASING DECISIONS AND/OR CELLARING ANY PARTICULAR WINE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL foodarts.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARYOR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL foodarts.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, foodarts.com , FOOD ARTS, M. SHANKEN COMMUNICATIONS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF foodarts.com; (2) foodarts.com's USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
11. International Users
Foodarts.com is controlled, operated and administered by fododarts.com from its offices within the United States. Foodarts.com makes no representation that materials or Content available through foodarts.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use foodarts.com or export the Content in violation of U.S. export laws and regulations. If you access foodarts.com from a location outside the United States, you are responsible for compliance with all applicable laws.
13. Applicable Law