Terms + Policies

My website (smoothiesbycolor.com, the “Site”, “my website”) and its content is owned by Liz Lawson (“me”, “I”, “myself”, “my”). “You” refers to any users, visitors or viewers of the Site.

By accessing or using this Site, you agree to my policies and terms. If you disagree with any part of this document, then you should cease using the Site immediately.

Disclaimer

Smoothies by Color is primarily a blog that represents personal opinions and experiences, as well as original recipes. It does not represent the views of any other person unless explicitly stated or in the case of contributed posts, guest posts, or interviews.

To create my content, I use my experiences, the experiences of others, and various resources; including, but not limited to: the Wild, Wild Web; pop culture; social media; nature; and the Bible.

That said, this information comes with zero guarantees. By using this Site, you’re essentially signing a contract saying you understand that I make no guarantees, and you won’t try to sue me and/or lash out if you don’t get your way.

My advice and opinion is taken into account at your own risk, but for a proper analysis, hire a lawyer/doctor/other licensed professional—preferably one with a fancy-ass certificate on their wall recognized by official organizations, ’cause who doesn’t favor a fancy certificate?

Everything provided on this Site is provided on an as-is and where-is basis, and without any warranties unless noted otherwise. Using this Site equates not to a contractual relationship with me (save the one wherein you agree you understand these policies and terms).

🌈 TL;DR: I’m not a guru; my blog exists as a resource rather than for sound doctrine purposes

Sometimes I link to third-party websites, because I’m not the only person who has a site online. I am not responsible for content on third-party websites, nor what happens after you visit a third-party website.

Browsing and interacting on any website, including websites which may link to smoothiesbycolor.com, is subject to that website’s own terms and policies.

Some third-party links are affiliate links. Depending on how you interact with an affiliate link and the site it points to, I may earn a percentage of the compensation. This is at no extra cost to you. Likewise, I publish sponsored content, which means some content was paid for by a third-party. I vet sponsors and affiliates thoroughly, and do not pursue relationships with companies that don’t meet my quality standards. Affiliate links and sponsored posts will always be disclosed as per the FTC guidelines.

🌈 TL;DR: I’m not responsible for the repercussions of other links, even if those websites link to me; check individual terms and policies. Some posts use affiliate links and/or are sponsored, so I may be compensated; I’ll always appropriately disclose.

All content on this Site — including words, photos, recipes, images, information, and graphics — is my property and produced by me unless stated otherwise. All rights are reserved unless stated otherwise.

If you and I enter into a separate agreement together, you will also be subject to the terms outlined in the separate agreement or terms of use, which will take precedence over this one in the event of a conflict.

🌈 TL;DR: Content created for this blog is copyrighted and requires written permission to use. Additionally, you may not use this Site’s likeness to mislead or infringe on its or its owner’s rights. See permission policy.

Permissions policy

You are allowed to:

  • Adhere to fair use as per Section 107 or 108 of the 1976 United States Copyright Act
  • Download content provided for download and used as outlined in the downloaded file
  • Link to any public page of my Site. (In fact, I encourage it!)
  • Print content off smoothiesbycolor.com for non-commercial use (up to 30 copies) as long as you include this copyright notice: “© smoothiesbycolor.com. All rights reserved.”
  • Re-post a summary or excerpt of up to 100 words with a credit and link back to the original post.
  • Recipes and tutorials should be summarized up to the limit; do not post the instructions in full. You may use the final result photo, if needed, for a roundup on your own site or to share on social media.
  • Translate my content to another language for your personal use.

Unless you have my express permission, you may not:

  • re-post my content in its entirety;
  • translate my content to another language for non-personal use;
  • copy or steal my content;
  • save and post step-by-step pictures of my recipes and tutorials for non-personal use (including, if you post them to your social media account, I’ll file a take-down request);
  • use photos not outlined above for sharing (e.g. personal photos);
  • alter and/or sell any of my content; and
  • copy and/or steal my intellectual property for non-personal use (re: to share with others)

Comment + feedback policy

I accept comments on blog posts whereupon the comment box is displayed. I love comments and encourage visitors to partake in healthy, mature discussions (including when they disagree) with each other. I reserve the right to remove any comment. I encourage asking questions, disagreeing, sharing alternative methods, and simply commenting on posts.

I have a zero-tolerance policy for content that is abusive, defamatory, offensive, or otherwise cruel and inappropriate, and will remove it on the spot.

You may leave a comment under a pseudonym/alias if you wish to remain anonymous. The email address used to submit a comment helps prevent spam and will not be displayed on the site. If you comment and someone replies, you will receive a notification to the corresponding comment thread you’re involved in, but no one who lacks access to the behind-the-scenes information will see the email address itself.

You retain ownership of the comment(s) you leave on my Site, as you merely grant me an irrevocable, non-exclusive, royalty-free, and worldwide license to display your comment(s) if I so choose. Additionally, you grant me the right to display, distribute, publish, reproduce, store, and transmit your comments in any format; including, but not limiting to a blog, book, presentation, or video.

I am not liable for anything which may result from your comment(s) on this Site, as you agree to retain all ownership upon submitting any comment(s).

Feedback provided to Smoothies by Color about its content is anonymized and used to improve the Site.

Use of this Site and its content

I retain the right to edit, alter, delete, update and/or modify the content on this Site at any time.

By accessing and/or using this Site, you warrant that you are at least eighteen (18) years old or have been legally declared an adult. No part of this Siteis geared toward anyone under eighteen (18) years of age. If you are between thirteen (13) and eighteen (18), you may use this Sitewith guardian approval. I will never knowingly collect information from anyone below thirteen (13) years of age, and no part of this Site is structured to attract anyone under thirteen (13) years old.

🌈 TL;DR: My target audience is not children, and I have the right to modify content as seen fit.

Privacy policy

I don’t collect any personally identifying information (e.g. name, email, IP) from you unless you explicitly hand it over, by filling out a form and attaching this information (e.g. comment form, contact form). To visit the Site anonymously, simply avoid providing this information. Not providing personally identifying information, however, may prevent you from participating in certain Site activities (e.g. commenting, giveaways, email, etc.).

Non-personally identifying information will be collected when you access the Site. This may include, but does not limit to: your browser name, the type of device and technical information about your means of connection to this Site (e.g. operating system (OS) and the internet service provider(s) (ISP) utilized), your location (e.g. city/town), and other similar information.

My Site uses internet cookies (yum!) to enhance your visiting experience. Your browser places cookies on your hard drive for record-keeping purposes and, sometimes, to track information about you. Some features of this Site may not function properly if cookies are turned off. To opt-out or be alerted when cookies are being sent, change your web browser’s settings. You can obtain up-to-date information on how to block/delete cookies from the following links:

  1. Chrome: https://support.google.com/chrome/answer/95647
  2. Edge: https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
  3. Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
  4. Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
  5. Opera: http://www.opera.com/help/tutorials/security/cookies/
  6. Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac

I use collected information to improve my Site and understand how it is used. Non-personally identifying information may be shared publicly, for interactive purposes. Personally identifying information will only be turned over in the event of a warrant and/or for security purposes (like if you harass me or tell me you’re going to harm someone).

Data is sent across the server via a Secure Socket Layer (SSL). Appropriate safety measures to protect information and data of all sorts are adopted.

Third-party services

A few third-party services help me run my blog:

Google Analytics

Google Analytics is used to keep track of Site traffic. Through this, I may track demographics (i.e. age, gender, location, interests), the page(s) you click on on this Site, the websites which referred you to this Site, and how long you stay on this Site. Alternatively, you may opt-out of this if you so choose.

Google’s privacy policy: https://policies.google.com/privacy

Third-party use of personal information

Data erasure

Send an email to gdpr@smoothiesbycolor.com with your IP address, name and/or email that you want removed.

My Google Analytics tracking is set to automatically delete your identifier if you do not visit smoothiesbycolor.com within one year (365 days).

Termination

I may terminate or suspend your access and/or use to smoothiesbycolor.com immediately, without prior notice or liability, under my sole discretion, for any reason whatsoever and without limitation; including, but not limited to a breach of my terms and policies.

Should you continue to access this Site by other means after my termination, I am not obligated to interact with you personally, and to not respect my termination is, well, rude.

Basically, if you don’t harass me, try to replicate me, and/or plagiarize my content repeatedly and then defame me when I report it? You probably haven’t anything to worry about.

All provisions of the terms which, by their nature, should survive termination shall survive termination; including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

🌈 TL;DR: I reserve the right to terminate your access to my website at my discretion.

Limitation of liability, indemnification

By accessing and using this Site, you agree at all times (i.e. 24/7) to indemnify* and and hold harmless me, and related parties, from and against any and all claims related to this Site and/or its content. I will not be responsible or liable for your use of the content on, or provided by, this Site. I assume no liability for damages, injuries, or whatever other losses alleged in connection with your use/access to this Site.

I will not be held liable for any indirect, direct, incidental, special, consequential or punitive damages for your use, dependence, actions, nor failures to act related to this info.

*In other words, you agree to defend, indemnify and hold harmless smoothiesbycolor.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees), resulting from or arising out of a) your use and access of the Site, or b) a breach of this document.

🌈 TL;DR: You agree not to hold smoothiesbycolor.com and its related parties liable for any and all claims, damages, losses, liabilities, obligations, costs or debt, and expenses (including, but not limited to attorney’s fees), resulting from or arising our of a) your use and access of this Site or b) a breach of this document.

Governing law, exclusions

This legal information shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Failure to enforce any right or provision of this legal information will not be considered a waiver of those rights. If any provision of this legal information is held valid or unenforceable by a court, the remaining provisions of this legal information will remain in effect. This legal information constitutes the entire agreement between you and I regarding the Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

Updates to these policies + terms

I reserve the right, at my sole discretion, to modify and/or replace the information on this page at any time. If a revision is material, at least thirty (30) days’ notice will be provided prior to any new terms and policies taking place. What constitutes a material change will be determined at my sole discretion.

By continuing to use the Site after any revisions become effective, you agree to be bound by the revised terms and policies. If you do not agree to the new terms and policies, you are no longer authorized to use this Site.


Last updated: 27 May, 2019

Contact: terms@smoothiesbycolor.com