Terms and Conditions

Effective as of December 15, 2024

Smile Eat Create found at smileeatcreate.com (referred to as the “Site”) along with our email list subscription service and such other subscriptions and services that may be provided by us at any time (collectively, the “Services”), are governed by the Terms and Conditions (the “Terms and Conditions”) contained on this page.

Throughout the Site, the terms “I”, “my”, “our”, “us” and “we” refer to the Site owner and content creator.

In these Terms and Conditions, when we refer to “user”, “users”, “visitor” “visitors” or “you”, we are referring to those who use one or more of our Services, including visitors to our Site.

By using the Services, you hereby warrant and represent that (i) you have read, understand and agree to these Terms and Conditions, and (ii) if you are acting on behalf of your employer or entity, you have authority to accept and agree to these Terms and Conditions.

You are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you are dissatisfied with any of our Services including this Site, or any content on the Site, or not willing to comply with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services.

The Terms and Conditions contained on this page are subject to change at any time and may be revised, without prior notice, by updating this posting. When changes are made, the “Effective Date” at the top of the Terms and Conditions will be updated along with the contents of this posting and any such changes will be effective immediately. You agree to be bound by these Terms and Conditions and any such revisions. You waive the right to receive specific notice of each such change. You therefore assume responsibility for periodically visiting this page to determine any changes and the then current Terms and Conditions to which you are bound. Your use of the Site and any other Services following any such revisions, will signify and constitute your agreement to and acceptance of such revised Terms and Conditions.

Use of any of our Services, including this Site, also constitutes acceptance of this Site’s Privacy Policy, Disclosure Policy & Disclaimer, and any other notices stated on this Site.

USE OF THE SITE AND OTHER SERVICES

Our Services are designed for those 18 years of age or older. Our Services are not intended for use by or availability to minors. If you are under 18 years or age or are not legally classified as an adult according to the law where you live, you may not access or use this Site or any of our other Services.

Use of this Site is at your own risk. We host our Site on a reputable platform and take reasonable efforts to maintain and host the Site. However we make no explicit representations or warranties as to the safety of your individual use of the Site.

Users are permitted to share links directing others to the Site, as outlined in these Terms and Conditions (see under heading, Linking to Our Site).

This Site’’s content may not be reproduced or republished, either online of offline, without our prior written permission.

Comments and Contributions

All comments made on the Site are subject to the Site Privacy Policy and these Terms and Conditions. Comments are moderated and user and other third-party submitted content and/or links may be changed, altered, or modified at any time in the sole and absolute discretion of the Site. We reserve the right, but have no obligation to, monitor, edit, or remove promotional links, spam and comments containing content that violates any party’s personal or proprietary right(s), or these Terms and Conditions, or is deemed in our sole discretion to be abusive, hurtful, offensive, defamatory, obscene or otherwise objectionable.

We take no responsibility and assume no liability for any comments you or any third party post. You are solely and completely responsible for any comments you post and the accuracy of these comments. By accepting these Terms and Conditions, you agree that your comments will comply with these Terms and Conditions, will not violate any personal or proprietary right of any party, and that your comments will not contain any libellous, defamatory or otherwise unlawful, abusive or obscene content, or contain any computer virus, malware or other software or material that could in nay way affect the operation of any of our Services or any related site.

Unless specifically requested, we do not want to receive any confidential, proprietary, or trade secret information through the Site, by email or otherwise. With the exception of personally identifiable information, please note that any information, content, concepts, ideas, feedback, suggestions proposals, questions, plans, comments or other materials and communications, sent to the Site, or by email, or otherwise submitted (collectively, “Contributions”), will be deemed non-confidential and non-proprietary, and, by submitting any such information, you are granting us a perpetual, irrevocable, royalty-free, unrestricted, sub-licensable, and transferable license to, at any time, use, reproduce, edit, copy, modify, publish, transmit, translate, display, distribute, disclose, where applicable create derivative works from and otherwise use in any medium, throughout the world, any such Contributions for any purpose whatsoever, commercial or otherwise. This means we may also use any concepts, ideas, know-how or techniques contained in such Contributions throughout the world, for any purpose whatsoever, including, without limitation, for the development, manufacturing, marketing and sale of products and services that incorporate or otherwise rely upon such information. By submitting any Contributions, you grant us the aforementioned license, whether the Contribution is submitted at our request, or without a request. Unless for any reason we are required by law to do so, we are and shall be under no obligation to use your name in connection with any Contributions. If we should so choose to do so, we will first obtain your permission before using your name in connection with these Contributions. We are and shall be under no obligation to; pay compensation for any Contributions, monitor Contributions, maintain any Contributions in confidence, use or display any Contributions or, to respond to any Contributions,

You must not pretend to be someone other than yourself, use a false email address or by any other means mislead or deceive us or any third parties concerned, as to the origin of any comments or other Contributions made.

By posting content to this Site or otherwise submitting Contributions to us, you warrant and represent ownership, protected fair use of, or other lawful control of all the rights to the content constituting such Contributions, including, but not limited to, all the rights necessary for you to post, provide, input, upload or submit the Contributions, and the right to grant the aforementioned perpetual, irrevocable and unrestricted license to such Contributions to us. You understand and herby acknowledge that you are responsible for any Contributions you submit to us and you have full responsibility for such Contributions, including, without limitation, the legality, accuracy, reliability and appropriateness of such Contributions. We are and shall not be held responsible or liable in any circumstances or to any third party, for the content or accuracy of any Contributions you, any other user of our Services, or any third-party post or otherwise submit.

If any of your Contributions fail to comply with these Terms and Conditions, you shall be held liable for your actions and shall fully compensate us for any loss or damage caused as a consequence of your actions.

If you make any Contributions which contain, or may contain any links to, any computer virus, malware or other software or material that could in any way affect the operation of any of our Services or any related site, you shall be held liable for your actions and shall fully compensate us for any loss or damage caused as a consequence of your actions.

We reserve the right to, in our sole discretion and without prior notice, remove, revise or refuse to post any comments or other Contributions for any reason or no reason.

Publicly Visible Information

Please note that if you voluntarily disclose personal or sensitive information on the Site, by posting comments or otherwise interacting on any other user pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We cannot be and shall not be responsible for any unauthorised third party use of such information.

Prohibited Uses of the Site

You may use this Site and our other Services only for lawful purposes and in accordance with these Terms and Conditions.

You agree, represent and warrant that you shall not post on this Site or send to or from any of our Services, any material;

which is harmful or dangerous in nature including, and without limitation, computer viruses, malware, rootkits, bootkits, corrupted data, Trojan horses, worms, or other software, data, material or mechanism that is malicious or technologically harmful, or that could in any way affect the operation of any of our Services or any related site.
that violates any personal or proprietary right of any party or for which you do not have all necessary consents.
that is false or misleading.
that is discriminatory, libellous, defamatory, obscene, offensive, abusive, unlawful, encouraging unlawful or unethical conduct, in breach of confidentiality or privacy, that is likely to distress, upset, alarm, harass or embarrass others, or that is deemed in our sole discretion to be otherwise objectionable.

You further agree, represent and warrant that you shall not;

Use the Services in any way that violates any applicable federal, state, local or international law or regulation.
Interfere, or attempt to interfere with, by any means and to any extent, the proper working of the Site and our other Services
Use the Site to transmit any promotional or advertising material, such as “junk mail”, “chain letter”, “spam” or otherwise, or promote in any way commercial activities or sales, such as sweepstakes, contests or other sales promotions.
Use the Site to impersonate or attempt to impersonate us or any of our employees, another user or any other person, organisation or entity. This includes, without limitation, using screen names or email addresses associated with any of the foregoing.
Use the Site to misrepresent your identity or affiliation with us or any of our employees, another user or any other person, organisation or entity.
Give the impression that you stem or originate from or are endorsed by us or any other person, organisation or entity, if that is not the case.
Engage in any conduct or behaviour that restricts or inhibits any user’s use or enjoyment of our Site, or which, as determined in our sole discretion, may harm Smile Eat Create, any of our Services, or users.
Gain or attempt to gain unauthorised access to, interfere with, disrupt, or damage the Site or any of our Services, in part or in whole.
Gain or attempt to gain unauthorised access to, interfere with, disrupt, or damage the server on which the Site is stored, or any server, computer, device or database connected to the Site.

Data disaggregation (whether by automated or manual means) for any marketing, commercial, or data compiling or enhancing purpose and use of data mining, robots and similar data gathering and extraction tools is expressly prohibited.

Suspension or Termination of Use

You acknowledge and agree that in the sole and absolute discretion of the Site, your access to the Site in whole, or any part of this Site, may be without prior notice and for any reason suspended or terminated.

Your Indemnification of Us

You agree that we have no responsibility and no liability for any and all claims or demands and costs, including, without limitation, attorneys’ fee, that arise from or may otherwise relate to your use of our Services, any content or Contributions you submit to us, or your violation of these Terms and Conditions, any law, or the right(s) of any third party. You further agree to fully indemnify, defend and hold us, our team and any of our employees, content or service providers or the like (collectively, the “Protected Entities”) and our affiliated companies harmless from any and all damages, claims, demands, expenses, costs or fees arising from, related to or in connection with your use of our Services, any content or Contributions you submit to us, or your violation of these Terms and Conditions, any law, or the right(s) of any third party.

INTELLECTUAL PROPERTY AND COPYRIGHT

All content included on or compromising the Site and our other Services, including images, information, texts, designs, illustrations, trademarks, logos, recipes, videos and other material (collectively, “Content”), are internationally protected by copyrights, trademarks or other intellectual property rights, and these rights are valid and protected in all forms, media and technologies existing now and hereinafter developed.

These items cannot be reproduced, republished, duplicated or used for public or commercial purposes without prior express and written permission from the owner of the Site. Without authorisation as such, or a license, a user may not copy, modify, delete, distribute, broadcast, augment, reuse, re-post, frame, add to, publish, transmit, or participate or in the transfer of sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part. To do so is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and an injunction preventing you from using our intellectual property.

You are not permitted to copy and paste Site content.

You may never claim any of our intellectual property as your own.

Licensing Enquiries

Any licensing enquiries for commercial use, publication or general distribution can be sent via the contact form on the Work With Me page of this Site.

LINKING TO OUR SITE

If you would like to link to our Site from your site, you may do so only if provided with prior written permission by this Site’s owner, and on the basis that you adhere to the conditions following;

Your site does not contain or contain any links to offensive, illegal, obscene, or controversial content of any kind.
Your site does not breach any intellectual property rights or other rights of any person or entity.
Your site does not fail to comply in any way with applicable laws or contain content which fails to comply in any way with applicable laws.
You may link to this Site but must not duplicate any Content of this Site.
You do not misrepresent any relationship with us, the Protected Entities and our Site or present any misleading or false information about us, the Protected Entities or our Services.
Unless beforehand specifically agreed upon in writing, you must not in any way suggest or directly state that we endorse any products or services.
You may never claim any of our intellectual property as your own or your own unique creation, even with attribution.

If you link to our Site from your site without prior authorisation or in breach of one or more of the above conditions, you shall be held liable for your actions and shall fully compensate us for any loss or damage caused as a consequence of your actions.

LINKS TO OTHER SITES

Third party links on the Site may direct you to third party sites that are not affiliated with us. These links can be followed by users of this Site, however we have no responsibility for or control over these third party sites or their content. We have not reviewed each of these third party sites nor are we responsible for examining or evaluating the content or accuracy of these sites. If you choose to access a third party site through this Site, you do so at your own risk.

We do not warrant and will not have any liability or responsibility for any third party materials or sites. or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to your use of any third party site or the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such site. Complaints, claims, concerns, or questions regarding any such transactions or use of a third party site should be directed to the third party.

Links to any third party sites do not imply or constitute sponsorship, endorsement, approval, responsibility for or representation of that site, its content, goods and services, or the use of such site.

No rights to use or copy the information on any third party sites is granted or implied.

DISCLAIMER OF WARRANTIES

No advice, opinion, results, written or oral information, or other content or materials, obtained by you from us or through our Services, shall create any warranty. All Services provided by us, including, but not limited to, this Site, or Content provided through this Site, are provided on an “AS IS” “as available” basis, without warranty of any kind, either implied or express, including, without limitation, any warranty for data, data processing services, information, uptime, any warranties concerning the availability, accuracy, reliability, usefulness, thoroughness, completeness or content of information, and any warranties of title, merchantability or fitness for a particular purpose, and we herby disclaim any and all such warranties, implied and express. We, our third party service providers, our affiliates, and each of their respective officers, directors, agents, employees, third party content providers, merchants, distributors, licensors or the like (collectively, “Associates”) do not warrant that the use of this Site and our other Services will be uninterrupted, timely, secure or error-free, or that defects will be corrected. You expressly agree that the use of our Services, the use of any third party services, and the use of any Associate services, is at your own risk.

We assume no responsibility whatsoever, and shall not be liable for, any malware that may infiltrate or infect, or any harm or damages to, your device and equipment on account of your access to, or use of any of our Services, including, but not limited to, opening links available on our Services, or downloading, sharing or otherwise accessing any Content, including, without limitation, materials, data, images, video, text or audio via the Site or any of our other Services.

The information and Content provided by our Services is subject to change at any time, without prior notice, and we reserve the right, but have no obligation to, change or make corrections to any such information and Content, in the sole and absolute discretion of the Site. We will not be held liable for any inaccuracy or omission concerning any of the information or Content provided by our Services. The facts, opinions and other information provided via our Services is no substitute for professional advice.

We make no warranty that our Services will meet users’ requirements.

We make no warranties or representations regarding any products or services we may provide, endorse or promote via our Services or otherwise, and hereby disclaim, and you hereby waive, any and all warranties and representations, made on any of our Services, or in correspondence with the Services or our agents, or otherwise by us. Any products or services ordered or provided by us are provided “AS IS”.

By engaging in our Services, you are communicating with us electronically and consenting to receive communications from us electronically. Electronic communications you receive from us will be by email or by postings made on this Site. You agree that all policies, notices, disclosures, disclaimers, terms and conditions, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Your use of the Services does not form or constitute any relationship, whether implied or express, with us or any of our Services. We hereby disclaim any such relationship and any liability arising as a result of our use of any Content, including, but not limited to, Contributions, contained on any of our Services or otherwise submitted to us.

LIMITATION OF LIABILITY

Your use of the Site and our other Services, is at your own risk. Under no circumstances and in no event, including, but not limited to, negligence, shall we, our team or any of the other Protected Entities be liable to you or anyone else for any loss or injury, or any direct, indirect, incidental, special, consequential, exemplary or punitive damages that result from, or are directly or indirectly related to, the use of, or inability to use, any of our Services, or the Content and functions related thereto, either in part or in whole, including, but not limited to, reliance by a user on any information obtained via our Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, malware, viruses, delays in operation or transmission, or any failure of performance whether or not resulting from communications failure, theft, destruction, unauthorised access to our Services’ records, programs or services, or arising out of, or related to, any action taken in response to, or as a result of, any Content available on the Site, or otherwise. The foregoing Limitation of Liability shall apply whether in an action of contract or tort, including, but not limited to, negligence or otherwise, even if we or any of the Protected Entities have been advised of, or should have knowledge of, the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or Limitation of Liability for incidental or consequential damages, in such states and jurisdictions liability is limited to the fullest extent permitted by law. You hereby waive any and all claims against us and the other Protected Entities arising out of or otherwise related to your use of the Services and the information and other Content available therein.

Under no circumstances and in no event shall we or any of the Protected Entities be liable for or in connection with any content or materials posted, transmitted, exchanged, or received by or on behalf of any user or other person on or through the Site and other Services.

You hereby acknowledge that this Limitation of Liability shall apply to all content and services provided by us, including, but not limited to, content and services provided through this Site and our other Services.

OTHER

If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable under applicable law, that determination will have no bearing or effect on the rest of these Terms and Conditions, and these Terms and Conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not imply, signify or constitute a waiver of such right or provision. Any claim or cause of actions against us, or any of our Services, arising out of or related to use of these Services or these Terms and Conditions, must be filed within three (3) months after such claim or cause of action arose or be permanently barred, regardless of any statute or law to the contrary.

The headings and subheadings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

CONTACT

If you wish to contact us about these Terms and Conditions, please do so via this contact form.