PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE” or “TERMS”) CAREFULLY BEFORE USING THIS SITE. By using the foodnetworkeverydaychef.com web Site (“Site”), you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Site. This Site is owned and operated by AIRBORNE MOBILE INC. (“Airborne”). Airborne reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes.
All Food Network® images and content on this Site are Copyright © 2008 Scripps Networks, and used with permission by Airborne. The trademarks and service marks (“Marks”) displayed on this Site are the property of their respective owners and you are not permitted to use the Marks without the express written consent of Airborne or their respective owners. Unauthorized use of the name and marks or any of the images or content on this Site will result in appropriate legal action.
Realtones, Ring Tones and Wallpapers work on most handsets (phones) and on most carrier networks. Some local networks may not support ring tone or wallpaper downloads. Mobile games work on a limited number of phones. Regular text messaging fees may apply.
NO WARRANTIES ARE MADE ON ANY MATERIAL(S) ACCESSED FROM THIS SITE ON DEVICES THAT DO NOT COMPLY WITH STATED COMPATIBILITY.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are the copyrighted property of Airborne, its affiliates and/or third party licensors or sub-licensors. All trademarks, service marks, and trade names are proprietary to Airborne, its affiliates and/or third party licensors or sub-licensors. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to Airborne, its affiliates and/or third party licensors or sub-licensors.
In the event that you download material from this Site, the software, including any files, images and data accompanying the material (collectively, the "material" or “materials”) are licensed to you by us or our third party licensors for your personal, noncommercial home use only. We do not transfer title to the material to you. You may own the medium on which the material is recorded, but we and/or our third party licensors retain full and complete title to the materials and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the materials to a human-readable form.
DISCLAIMER
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, INLCUDING, BUT NOT LIMITED TO ANY DOWNLOAD OF MATERIAL(S) IS SOLELY AT YOUR OWN RISK AND THAT YOU ALONE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD OF MATERIAL(S).
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on third party sites that link to or from this Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this Site or third party content available on this Site. We neither endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, any collection of personal information) you might be requested to give any third party or third party site, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or third party sites.
INDEMNIFICATION
You hereby indemnify, defend, and hold Airborne, Scripps Networks, and our respective affiliates, officers, directors, owners, agents, information providers, partners, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN 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 OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
THIS SITE DOES NOT ACCEPT PAYMENT; ALL PURCHASES FROM THIS SITE WILL APPEAR ON YOUR MONTHLY BILL FROM YOUR CARRIER.
JURISDICTIONAL ISSUES
We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and you acknowledge that you will act in compliance with any such export control laws and regulations.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of this Site and destroying all materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to this Site may be terminated immediately without notice from us if we deem, in our sole discretion, that you have failed to comply with any term or provision of these terms. Upon termination, you must cease use of this Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the County of Los Angeles and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided for in this agreement.
PRIVACY POLICY
We are committed to ensuring your privacy online.
This website does not collect personal information without your knowledge and consent. Information that we collect is used to assure content compatibility with your handset and delivery to your carrier and phone number. We do not trade, share, sell or rent any information that you may choose to share voluntarily through feedback forms and/or e-mail.
We do collect anonymous traffic data from visitors including IP address and domain servers. This information does not identify you personally and provides valuable information in assessing our capabilities and services to our visitors. We may use such traffic data and/or personal information you provide us voluntarily for marketing and promotional purposes.
By using this web site, you signify your agreement to these terms of use.
Airborne Mobile reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes.
