Acceptance of Terms
Description of Resources
Through its network of Web properties, Biteable provides you with access to a variety of resources, including but not limited to download areas, audio files and video templates (collectively “Resources”).The Resources, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Accessing the Biteable Site
Access to the Biteable site is permitted on a temporary basis, and Biteable reserve the right to withdraw or amend the service Biteable provides on the site without notice. From time to time, Biteable may restrict access to some parts of the site, or the entire site, to users who have registered with Biteable.
Notice Specific to Documents Available on this Website
Biteable and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics, video and audio published as part of the Resources for any purpose. All such documents and related graphics, video and audio are provided “as is” without warranty of any kind. Biteable and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
To the full extent permitted by law and subject to these TOU, in no event shall Biteable and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, arising out of or in connection with the supply, performance or use of the Resources, whether in an action of contract, negligence or other tortious action.
The documents and related graphics, video and audio published as part of the Resources could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Biteable and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time. If necessary, access to the Biteable site may be suspended, or the site closed indefinitely.
Notices Regarding Software, Documents, and Resources Available on this Website
To the full extent permitted by law and subject to these TOU, in no event shall Biteable and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide Resources, or information available from the Resources, whether in an action of contract, negligence or other tortious action.
Member Account, Password, and Security
If the use of any of the Resources requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration fields. You will also be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Biteable immediately of any unauthorised use of your account or any other breach of security by contacting firstname.lastname@example.org. Biteable will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Biteable or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You should log out from your account at the end of each use.
No Unlawful or Prohibited Use
As a condition of your use of the Resources, you will not use the Resources for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Resources in any manner that could damage, disable, overburden, or impair any Biteable server, or the network(s) connected to any Biteable server, or interfere with any other party’s use and enjoyment of any Resources. You may not attempt to gain unauthorised access to any Resources, other accounts, computer systems or networks connected to any Biteable server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources.
Use of Resources
By way of example, and not as a limitation, you agree that when using the Resources, you will not:
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, audio, video, graphics, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images, photographs, video or audio, which are made available through the Resources in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Download any file posted by another user of the Resources that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, including but not limited to in the form of watermarks, headers and footers.
- Restrict or inhibit any other user from using and enjoying the Resources.
- Violate any code of conduct or other guidelines which may be applicable for use of the Resources.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
Monitoring of Resources
Biteable has no obligation to monitor the Resources. However, Biteable reserves the right to review materials posted as part of use of the Resources and to remove any materials in its sole discretion. Biteable reserves the right to terminate your access to any or all of the Resources at any time, without notice, for any reason whatsoever.
Biteable reserves the right at all times to disclose any information as Biteable deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Biteable’s sole discretion.
Materials Provided to Biteable or Posted at Any Biteable Website
Biteable does not claim ownership of the materials you provide to Biteable (including feedback and suggestions) or post, upload, input or submit as part of the use of any Resources or associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Biteable, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Resources.
No compensation will be paid with respect to the use of your Submission, as provided herein. Biteable is under no obligation to post or use any Submission you may provide and Biteable may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures, video or audio or that is otherwise graphical or contains audio in whole or in part (“Media”), you warrant and represent that (a) you are the copyright owner of such Media, or that the copyright owner of such Media has granted you permission to use such Media or any content and/or images contained in such Media consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Resources, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Media, if any, has provided consent to the use of the Media as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Media. By Posting Media, you are granting (a) to all members of your private community (for the Media available to members of such private community), and/or (b) to the general public (for the Media available anywhere as part of the Resources, other than a private community), permission to use your Media in connection with the use, as permitted by these TOU, of any of the Resources, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Media without having your name attached to such Media, and the right to sublicense such rights to any supplier of the Resources. The licenses granted in the preceding sentences for Media will terminate at the time you completely remove such Media from the Resources, provided that, such termination shall not affect any licenses granted in connection with such Media prior to the time you completely remove such Media. No compensation will be paid with respect to the use of your Media.
Intellectual Property Indemnity
You indemnify and hold Biteable, its affiliated companies and sublicensees, harmless from any and all liability, loss or damage of any kind (including all costs and expenses, including attorneys’ fees) arising out of a breach of the warranties and representations contained in “Use of Resources” clauses (b) and (c), and “Materials Provided to Biteable or Posted at Any Biteable Website” above, or in any way in connection with any claims, suits, proceedings or actions by a third party in respect of any infringement or alleged infringement of that party’s intellectual property rights (such as but not limited to ownership of Media), including moral rights.
These TOU and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia. The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to any Biteable site.
The TOU constitutes the entire agreement between you and Biteable with respect to the subject matter of the TOU, and supersedes all prior representations, communications, agreements, statements and understandings, whether verbal or in writing.