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Copyright©
©2003
All rights reserved. Designated tradmarks and brands are the property
of their respective owners. This Site and the contents of the Site
are intended for your personal, noncommercial use. The Site contains
copyrighted material, including, without limitation, text, software,
photos, audio and video clips, graphics, illustrations, images,
logos, and music and sound (collectively, the “Site Content”).
This Site is protected by copyright as a collective work, pursuant
to U.S. copyright laws, international conventions, and other copyright
laws. AFB and third party content providers also own copyrights
in the content original to it. You may not modify, publish, adapt,
transmit, participate in the transfer or sale, exhibit, distribute,
display, reverse engineer, decompile, dissemble, perform, reproduce,
create derivative works from, or in any way exploit any of the Site
Content, in whole or in part. You may download or copy one copy
of the Site Content for personal, noncommercial use only, provided
that no changes in or deletion of author attribution, trademark,
legend, copyright notice, or other proprietary notices shall be
made. Downloading or copying Site Content for other than personal,
noncommercial use is expressly prohibited without the prior written
permission of us or any other copyright owner. You acknowledge that
you do not acquire any ownership rights by downloading copyrighted
material. Notwithstanding the foregoing, you may not download or
copy any of the product listings, descriptions, or prices, nor may
you frame or utilize framing techniques to enclose any trademark,
logo, or copyrighted material from the Site or use any meta tags
or any other hidden text utilizing our names or trademarks, without
our express written consent.
You shall be solely responsible and liable for any
and all damages resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from any uploading, posting
or submission of your content on the Site.
Trademarks; Patents
“Monet's Palate,” “The Palate Pantry,” and “The
Journey Has Just Begun”are trademarks and/or servicemarks of
AFB. Other marks, graphics, typefaces, trade names and logos appearing
on the Site are trademarks or trade dress of AFB. All other trademarks
appearing on the Site are the property of their respective owners,
including, in some instances, us. Our trademarks and trade dress
may not be used in any manner for any purpose without our express
written consent in each instance. Patents used in connection with
the Site are the property of their respective owners, which may
include us.
Links
These terms and conditions apply only to the Sites, and not to the
sites of any other companies or organizations, including those to
which any of the Sites may link. We are not responsible for the
availability of any other site to which any of the Sites links.
We do not endorse or take responsibility for the contents, advertising,
products or other materials made available through any other site.
Under no circumstances will we be held responsible or liable, directly
or indirectly, for any loss or damage that is caused or alleged
to have been caused to you in connection with your use of, or reliance
on, any content, goods or services available on any other site.
You should direct any concerns to that site's administrator or webmaster.
Forums
A "forum" means any message board, chat room, user review
forum or other interactive service appearing on any of the Sites
and includes both public boards and private folders. You must register
in accordance with instructions that you will find on the Sites
in order to contribute to any forum. You may not post on any forum,
or send to any other forum user or our employee, any material that
is abusive, vulgar, threatening, harassing, libelous, defamatory,
obscene, invades a person's privacy, violates any intellectual or
other property rights, or that would otherwise violate any law.
You may not use any forum in a commercial manner. You may not post
material that solicits funds, or that advertises or solicits goods
or services. You may not post material known to be false. You may
not post messages that contain stock touts. You may not post or
transmit any information, software or other material that contains
a virus or other harmful component.
We are not responsible for material appearing in
any forum on the Sites, except for material signed by one of our
identified representatives. We are not responsible for screening
material posted by users for libel, obscenity, invasion of privacy,
copyright or trademark infringement, accuracy, or for any other
reason. We retain, however, the right to modify or remove messages
or other material that we, in our sole discretion, consider infringing,
offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable.
We also reserve the right to edit materials for any other reason.
Whether or not we modify or remove such material, users remain solely
responsible for the content of their messages or postings.
By posting on the Sites, you grant (or warrant that
the owner of such rights has expressly granted) us and/or relevant
affiliated companies the worldwide, perpetual, nonexclusive right
to use your questions, comments, and postings, in their original
or edited form, in television programs, books, articles, commentaries,
or in any other medium now known or later developed. You also warrant
that you own or otherwise control all of the rights to the content
you have posted and that the public posting and use of such content
by us will not infringe the rights of any third party. Additionally,
you warrant that any "moral rights" in posted materials
have been waived.
You are not entitled to any compensation for any
materials you may post on the Sites.
We may, at our discretion, suspend or terminate the
registration of any forum user who violates any of these terms and
conditions of use, any of the member guidelines or for any other
behavior that we in our discretion believe is inappropriate.
Disclaimers
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR
SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR
SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS
OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS
OR SERVICES OFFERED ON THE SITES. WE ARE NOT A PARTY TO, AND DO
NOT MONITOR, ANY TRANSATION BETWEEN USERS AND THIRD PARTY PROVIDERS
OF PRODUCTS OR SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS ON THE SITES, OR ANY PRODUCTS OR SERVICES
PROVIDED PURSUANT TO THE SITES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR
SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO
US, IF ANY, FOR ACCESSING THE SITE
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