The following terms (“Terms of Use”) and disclaimers ("Disclaimers") constitute an agreement between Smells Like Delish (“Company”), and you that governs your use of this Website and all of its associated services, content, and functionality. Smells Like Delish is a blog located at smellslikedelish.com, henceforth referred to as “Website”. Smells Like Delish may revise these terms and conditions at any time. As a result, you are bound by any such revision and should periodically visit this page.
Conditions of Use
This Website is offered to you, the User, conditioned upon acceptance of the terms, conditions, and notices contained herein and without modification. Smells Like Delish may modify the content or format of this Website or discontinue the operation of this Website at its sole discretion and without advance notice. Your access and use of this Website constitutes acceptance of these terms and conditions. No part of this Website may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of Smells Like Delish.
Website Use
The User agrees to use this Website as permitted by applicable local, state, and federal laws. Additionally, the User agrees not to: 1) knowingly and without authorization, alter, damage, or destroy smellslikedelish.com or another user's computer system, network, software, Website, program, documentation or data contained therein; 2) use this Website to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Any action by the User that results in the blocking of access to this Website by other users or Smells Like Delish will be deemed an unauthorized use.
Monitoring of Use
By using this Website, the User expressly consents to administrative monitoring at all times. The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this Website now.
Disclaimer
Every effort has been made by Smells Like Delish to offer the most current, correct, and clearly expressed information possible. Nevertheless, it is possible that errors in information posted may occur. In particular, but without limitation to any portion of this Agreement, Smells Like Delish disclaims any responsibility for inadvertent errors and the accuracy of content. Smells Like Delish and other parties involved in producing this site assume no liability for any direct or incidental damages arising out of access to smellslikedelish.com. Smells Like Delish assumes no liability regarding the results that you will see from using the information provided on the Website. Ingredients and other nutritional items often have methods, treatments, traditional properties, and uses listed. The information provided is purely for informational purposes. Any reference to medicinal or health benefits is not meant to treat or diagnose any problem. It is not meant to replace professional medical advice and should not take the place of any prescribed medication.
Recipe disclaimer
From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
Nutrition & Fitness disclaimer
All recipe-related nutritional information provided on the Website is for informational purposes only and should not be treated as a USDA food label. We use a plugin to obtain this nutritional information and we are not responsible for any errors that may occur. The information provided for the recipes may vary if you do not use the same ingredients, measurements, or cooking techniques. The Food and Drug Administration has not evaluated the nutrition information on the Website. Individual results may vary.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.
Links to Third Parties Websites
The Smells Like Delish Website may contain links to third-party Websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Intellectual Property
The User acknowledges that this Smells Like Delish Website contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies, or create derivative works of any portion of this Website including the content therein (photographs, logos, recipes, instructions, videos, ebooks, printables, product descriptions, product names, etc), or engage in any other action that may violate the intellectual property rights of Smells Like Delish.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
Comment Policy
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- spam;
- hate speech;
- defamatory statements regarding Company or any third party;
- references to illegal acts; or,
- comments that may violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy
Affiliate Marketing
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website may receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Smells Like Delish is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
FTC disclosure
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
Communication
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
Assumption of Risk
By using Smells Like Delish web pages for any purpose, the User assumes all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the user's computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a Smells Like Delish web page or the user's access to it. Smells Like Delish shall under no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this Website, or from any information, lack of information, documents, software, services, or other material obtained through any Smells Like Delish web pages.
Limitation of Liability
Company will not be liable for any consequential, incidental, indirect, exemplary, punative, or special damages of any kind, however caused, including loss of profits, revenue, data or use, incurred by you, whether under theory of contract, tort (including negligence), warranty, or otherwise, even if the other party has been advised of the possibility of such damages.
Smells Like Delish shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of information furnished.
Use of Interactive Media
To the extent that this site contains or may contain electronic mail links, bulletin boards, discussion forums, chat rooms, or other message or communication facilities involving Smells Like Delish and/or other users, the User agrees to use such forums in their intended manner. Smells Like Delish reserves the right to remove any content of any of its Websites for any reason whatsoever. The User acknowledges that any material posted by parties other than Smells Like Delish or its affiliates are not endorsed by Smells Like Delish, and such communications shall not be considered reviewed or approved by Smells Like Delish.
Indemnification
The User agrees to indemnify Smells Like Delish; its officers, agents, employees, and other personnel under its control against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this Website in any way, including any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.
Arbitration
The Terms of Use will be governed and construed in accordance with the laws of the State of Washington. Any controversy or claim arising out of or relating to these Disclaimers and Terms of Use, or the breach thereof, shall be settled by arbitration, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Kitsap County, Washington.
No Contractual Relationship
The User acknowledges that, by the use of this Website, no relationship of any kind, including but not limited to partnerships, joint ventures, employment, contractual, or agency relationship, exists between the user and Smells Like Delish or any of its affiliates or employees.
Jurisdiction
This Agreement is governed by the laws of the state of Washington in the United States of America. The User consents to the exclusive jurisdiction and venue of courts located in Washington, United States in all disputes arising out of or relating to the use of this Website. Use of this Website is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.
Applicable Laws
Smells Like Delish performance of this Agreement is subject to existing laws and legal process and nothing contained herein is in derogation of Smells Like Delish right to comply with law enforcement requests or requirements relating to any party's use of this Website or information provided to or collected by Smells Like Delish regarding such use.
Force Majeure
Smells Like Delish shall not be liable for loss or damages caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, or any circumstance beyond the control of Smells Like Delish in its business operations.
Survival
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.
Assignment
The Terms of Use may not be assigned by you without Company’s prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
Entire Agreement
This Agreement constitutes the entire agreement between the User and Smells Like Delish regarding this Website. This Agreement supersedes all prior or contemporaneous communications made in any medium of expression between the User and Smells Like Delish regarding this Website. All notices with respect to the Terms of Use must be in writing and may be via email to contact[at]smellslikedelish.com for Company and to your email address.