Updated 16 September 2019
1. Acceptance of our Terms
If you are under the age of 16 years, you may not create an account or register as a member without the consent of your parent or legal guardian. If you are a parent or guardian permitting a person under the age of 16 (a “Minor”) to create an account, you agree to:
- exercise supervision over the Minor’s use of our website and account;
- assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor’s use of our website and their account;
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these TOU on behalf of the Minor.
We may, at any time, ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these TOU on your behalf.
3. Accessing the Service
Access to the Service is permitted on a temporary basis, and Biteable reserves the right to change the Service, stop providing the Service or certain features of the Service to you or to users generally or create usage limits for the Service, without notice. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability, for any reason, including if, in our sole determination, you violate any provision of these TOU, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these TOU. If your account is terminated for any reason, you must obtain written authorisation from us prior to establishing another account. If you attempt to establish another account without obtaining such authorisation, we may permanently ban you from the Service.
4. Member Account, Password, and Security
You must be a registered user and set up an account to access certain features of our Service. When you register and activate 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 may 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 or liability that you may incur or suffer 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.
5. No Unlawful or Prohibited Use
As a condition of your use of the Service and Content (as defined below), you will not use the Service or Content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service or Content 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 the Service or any Content. You may not attempt to gain unauthorised access to the Service or any Content, other accounts, computer systems or networks connected to any Biteable server or to any of the Content, 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 Service.
6. Using our Service
By way of example, and not as a limitation, you agree that when using the Service and Content, you will not:
(a) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
(b) 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 trade mark 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;
(c) use any material or information, including images, photographs, video or audio, which are made available through the Service in any manner that infringes any copyright, trade mark, patent, trade secret, or other proprietary right of any party;
(d) 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;
(e) download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
(f) 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;
(g) restrict or inhibit any other user from using and enjoying the Service;
(h) violate any code of conduct or other guidelines which may be applicable for use of the Service;
(i) violate any applicable laws or regulations; or
(j) create a false identity for the purpose of misleading others.
8. Paid Services
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Pricing Schedule (available at: https://biteable.com/pricing/) which we may update from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion.
You may cancel your account with us at any time; however, there are no refunds for cancellation. In the event that Biteable suspends or terminates your account or these TOU, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Note, For customers in Australia, GST is already included in the purchases you make in Biteable.
GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended ( GST Act) or any replacement or other relevant legislation and regulations;
i. words or expressions used in this clause which have a particular meaning in the GST law (as defined in the GST Act, and also including any applicable legislative determinations and Australian Taxation Office public rulings) have the same meaning, unless the context otherwise requires; and
ii. if the GST law treats part of a supply as a separate supply for the purpose of determining whether GST is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply is attributable, such part of the supply is to be treated as a separate supply.
You may choose, or we may invite you, to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Biteable under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Biteable does not waive any rights to use similar or related ideas previously known to Biteable, or developed by its employees, or obtained from sources other than you.
10. Licence to use our Service
Except for your Submissions (as defined below), the Service and all materials contained within the Service including, without limitation, software, images, text, graphics, illustrations, logos, patents, trade marks, service marks, copyrights, photographs, audio, videos, music, Submissions belonging to other users, and stock media (“Content”), and all Intellectual Property Rights (as defined below) related to the Content, are the exclusive property of Biteable and its licensors (including other users who post Submissions or contribute to stock media to the Service). Except as explicitly provided in these TOU, nothing in these TOU shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Content. Use of the Content for any purpose not expressly permitted by these TOU is strictly prohibited.
For the purposes of these TOU, “Intellectual Property Rights” means all present and future rights conferred by statute, common law, equity or any corresponding law in, or in relation to, any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include all rights in all applications to register these rights and all renewals and extensions of these rights.
Subject to the terms of these TOU, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable licence to use the Service and as permitted by the features of the Service. We reserve all rights not expressly granted in these TOU in the Service and Content. We may terminate this licence at any time for any reason.
Additional terms apply to any Content that you download from or otherwise use from the Service. These additional terms are contained in our Licence Agreement (available at https://biteable.com/license-agreement/).
11. User Submissions
Biteable does not claim ownership of the materials you provide to Biteable (including feedback and suggestions) or post, upload, input or submit (“Post”)as part of the use of the Service for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”).
You agree not to submit or use Submissions that:
(a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or illness to you or to any other person;
(b) may create a risk of any other loss or damage to any person or property;
(c) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) may constitute or contribute to a crime or tort;
(e) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libelous, threatening, hostile, violent or otherwise objectionable;
(f) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
(g) contains any information or content that is illegal;
(h) contains any information that you do not have a right to make available under any law or under contractual or fiduciary relationships; and
(i) contains any information or content that you know is not correct and current.
If you post, upload, input, provide or submit (“Post”) a Submission, you warrant and represent the following:
(a) your Submission and Biteable’s use of your Submission as contemplated by these TOU and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights;
(b) you have the rights necessary to grant the licences and sublicences described in these TOU;
(c) Biteable may exercise the rights to your Submission granted under these TOU without liability for payment of any compensation with respect to the use of your Submission;
(d) there is no suit, action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your Submissions or which might in any way impair the rights granted by you under these TOU;
(e) your Submission is neither obscene, defamatory or otherwise objectionable;
(f) to the best of your knowledge, your Submission and other information that you provide to us is truthful and accurate;
(g) you will not transmit unsolicited emails or engage in spamming to publicise or promote your relationship with Biteable;
(h) if your Submission contains images, photographs, pictures, video or audio or is otherwise graphical in whole or in part (“Media”), you are the copyright owner of such Media, or 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 that each person depicted in such Media, if any, has provided consent to the use of the Media as set forth in these TOU; and
(i) you have verified that the Submissions do not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third party’s Intellectual Property Rights or otherwise breaches these TOU.
12. User Licence Grant
By Posting your Submission using the Service, you expressly grant, and represent and warrant that you have all rights necessary to grant, to Biteable a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display and make derivative works of your Submission and your name, voice and/or likeness as contained in your Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Biteable’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media format and through any media channels. For the avoidance of doubt, you will only be taken to grant these rights to us when you Post your Submission on our Service. When you download and publish your Submission elsewhere, you are not granting us the above rights.
The licences you grant to us in connection with your Submission will terminate at the time you completely remove the Submission from the Service, provided that, such termination shall not affect any licenses granted in connection with the Submission prior to the time you completely remove it.
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. You agree that no compensation, royalties or any other monetary consideration will be paid with respect to the use of your Submission.
13. Monitoring of Content and users
By using the Service, you acknowledge and agree to the following:
(a) Biteable has no obligation to monitor the Content. However, Biteable reserves the right to review materials posted as part of use of the Service and to remove any materials in its sole discretion.
(b) 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 (including your Submissions), in whole or in part, in Biteable’s sole discretion.
(c) Biteable takes no responsibility and assumes no liability for any Submission that you or any other user or third party uploads, inputs, provides or submits to or using the Service. You shall be solely responsible for your Submission and the consequences of Posting your Submission.
(d) You are solely responsible for your interactions with other users of the Service. Biteable reserves the right, but has no obligation, to monitor disputes between you and other users of the Service. We have no liability for your interactions with other users of the Service, or for any user’s action or inaction.
(e) You understand that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose, and you agree that Biteable will not be liable for any damages you allege to incur as a result of Content or your use of Content.
14. Third party links
You agree to defend, indemnify and hold Biteable, its subsidiaries, agents, licensors, managers and other affiliated companies, and their employees, contractors, agents, officers and directors, harmless from and against any and all liability, claim, cost, debt, expense, loss or damage of any kind (including all costs and expenses, including legal fees) arising from: (i) your use of and access to the Service, including any Content or other data or content transmitted or received by you; (ii) your breach of any term of these TOU, including without limitation your breach of the warranties and representations above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity of Intellectual Property Rights; (iv) any claim or damages that arise as a result of any of your Submissions or any content that is submitted via your registered account; or (v) any other party’s access and use of the Service with your unique username and password.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. 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 Content for any purpose. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
Without limiting the above, Biteable, its subsidiaries and its licensors do not warrant that the content available through the Service is accurate, reliable or correct, that the Service will meet your requirements, that the Service will be available at any particular time or location, uninterrupted or secure, that any effects or errors will be corrected or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
To the full extent permitted by law and subject to these TOU, in no event shall Biteable, its affiliates, agents, directors, employees, licensors or 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 Service or Content, whether in an action of contract, negligence or other tortious action.
Nothing in these TOU excludes, restricts or modifies any guarantee, condition, warranty, right or remedy implied or imposed by statute which cannot lawfully be excluded, restricted or modified (a “Non-Excludable Condition”).
If a Non-Excludable Condition is implied or imposed in relation to these TOU and cannot be excluded, and we are able to limit your remedy for a breach of the Non-Excludable Condition, then our liability to you for breach of the Non-Excludable Condition is limited to one of the following at our option: (i) in the case of goods, the replacement or repair of the goods or payment of the cost of replacement or repair; and (ii) in the case of services, the re-supply of the services or payment of the cost of re-supply of the services.
The Service is controlled and operated from our facilities in Australia. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable Australian and local laws and regulations.
17. Governing Law
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 Tasmania, Australia. The courts of Tasmania, Australia or the courts of the Commonwealth of Australia will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Service.
For any dispute with Biteable, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If we are unable to resolve a dispute with you after attempting to do so informally, then the dispute must be submitted to mediation administered by the Australian Disputes Centre in accordance with the Australian Disputes Centre Guidelines which are operating at the time the matter is referred to the Australian Disputes Centre. The mediation will be conducted in Tasmania, Australia, unless you and Biteable agree otherwise. Each party is permitted to be legally represented (at its own cost) and the costs of the mediation will be met equally between the parties. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights
19. Entire Agreement
These TOU constitutes the entire agreement between you and Biteable with respect to the subject matter of these TOU, and supersedes all prior representations, communications, agreements, statements and understandings, whether verbal or in writing.
These TOU and any rights and licences granted under them, may not be transferred or assigned by you, but may be assigned by Biteable without restriction.
21. Severability of provisions
Any term of these TOU which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these TOU is not affected.
22. No waiver
No failure to exercise nor any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
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