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Terms of Service

The gist:

We (the folks at Smiling Plants) run a service called Béchamel and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as sharing shopping lists and getting RSS results from searches. Our service is designed to inspire you in the kitchen and give you a place to share your recipes and love for cooking with other people. However, be responsible in what you post to Béchamel. In particular, make sure that none of the prohibited items listed below appear in your recipes, or in other material that you post to Béchamel.

If you find content on Béchamel that you believe violates our terms of service, please check our complaints page.

Creative Commons License (Note, the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. We got this license from the great guys at Automattic. If you like Béchamel, you should go ahead and use their services. We love them for making their licenses available under Creative Commons)

Terms of Service:

The following terms and conditions govern all use of the Béchamel website and all content, services and products available at or through the website, including, but not limited to, the Béchamel Connoisseur Membership Account (“Connoisseur membership”), (taken together, the Website). The Website is owned and operated by Smiling Plants Handelsbolag, organisation number SE969725-2675 (“Smiling Plants”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Smiling Plants Privacy Policy) and procedures that may be published from time to time on this Site by Smiling Plants (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Smiling Plants, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your Béchamel Membership. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Smiling Plants may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause Smiling Plants liability. You must immediately notify Smiling Plants of any unauthorized uses of your account or any other breaches of security. Smiling Plants will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • the Content posted includes proper attribution to any and all third parties who have knowingly or unknowingly contributed material to the Content;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
    • your Content is not named in a manner that misleads other people into thinking that you are another person or company. For example, your account name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Smiling Plants or otherwise.

    By submitting Content to Smiling Plants for inclusion on Béchamel, you grant Smiling Plants a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Smiling Plants will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Smiling Plants has the right (though not the obligation) to, in Smiling Plants' sole discretion (i) refuse or remove any content that, in Smiling Plants' reasonable opinion, violates any Smiling Plants policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Smiling Plants' sole discretion. Smiling Plants will have no obligation to provide a refund of any amounts previously paid.

  3. Fees and Payment. Optional premium paid services such as the Connoisseur membership are available on the Website. By selecting a premium service you agree to pay Smiling Plants the monthly or annual subscription fees indicated for that service (the payment terms for the Connoisseur membership are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
  4. The Connoisseur membership.
    • Fees; Payment. By signing up for a Connoisseur membership you agree to pay Smiling Plants the yearly or monthly fees indicated at the Connoisseur membership information page in exchange for the services listed at the Connoisseur membership information page. Applicable fees will be invoiced starting from the day your Connoisseur membership is established and in advance of using such services. Smiling Plants reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. The Connoisseur membership can be canceled by you at anytime on 30 days written notice to Smiling Plants.
  5. Responsibility of Website Visitors. Smiling Plants has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Smiling Plants does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Smiling Plants disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Béchamel links, and that link to Béchamel. Smiling Plants does not have any control over those non-Béchamel websites and webpages, and is not responsible for their contents or their use. By linking to a non-Béchamel website or webpage, Smiling Plants does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Smiling Plants disclaims any responsibility for any harm resulting from your use of non-Béchamel websites and webpages.
  7. Copyright Policy. As Smiling Plants asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Béchamel violates your copyright, you are encouraged to notify Smiling Plants in accordance with Smiling Plants' Copyright Policy. Smiling Plants will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Smiling Plants or others, Smiling Plants may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Smiling Plants will have no obligation to provide a refund of any amounts previously paid to Smiling Plants.
  8. Intellectual Property. This Agreement does not transfer from Smiling Plants to you any Smiling Plants or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Smiling Plants. Smiling Plants, Béchamel, the Béchamel logo, and all other trademarks, service marks, graphics and logos used in connection with Béchamel, or the Website are trademarks or registered trademarks of Smiling Plants or Smiling Plants' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Smiling Plants or third-party trademarks.
  9. Termination. Smiling Plants may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Béchamel account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Connoisseur membership, such account can only be terminated by Smiling Plants if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Smiling Plants' notice to you thereof; provided that, Smiling Plants can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website is provided “as is”. Smiling Plants and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Smiling Plants nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will Smiling Plants, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Smiling Plants under this agreement during the twelve (12) month period prior to the cause of action. Smiling Plants shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Smiling Plants Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification. You agree to indemnify and hold harmless Smiling Plants, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Smiling Plants and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Smiling Plants, or by the posting by Smiling Plants of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Kingdom of Sweden, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Linköping, Sweden. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Smiling Plants may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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