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Creator Terms of Use

Please read these Terms carefully before creating an account or using the Service. If you do not agree to these Terms, in whole or in part, please do not create an account or use the Site or the Service (each defined below).

I.    ACCEPTANCE OF CREATOR TERMS OF USE


BiteSlice, Inc. (“BiteSlice,” “we,” “our,” and “us”) is a content-sharing platform that enables creators to post social media content on its website or mobile applications (the “Site”). By creating a BiteSlice account, you (“you” or “Creator”) agree to be bound by these Creator Terms of Use (these “Terms”), the General Terms and Conditions [LINK] (the “General Terms”), and the Privacy Statement [LINK] (the “Privacy Statement”). 

You agree to use the Site for lawful purposes only in a manner consistent with any and all applicable rules, laws, and regulations. Any use of the Site in a manner inconsistent with these Terms is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms.

II.    ACCOUNT CREATION


By creating a BiteSlice account and using the Site you agree to comply with these Terms. Each registration is for a single user only. You further agree that:


(a)    you are over 18;
(b)    you are legally able to enter into these Terms; 
(c)    if you are creating a BiteSlice account on behalf of someone else, you have their permission to do so;
(d)    if you are using BiteSlice on behalf of a business or an individual, you are authorized to act and agree to these Terms on their behalf;
(e)    the information you provide when creating your account is accurate, complete, and will be updated as necessary to be kept current at all times (including, in particular, your email address); 
(f)    You are responsible for your account, including safeguarding your password; and
(g)    You will not assign or transfer your account to someone else, use your account or allow it to be used by anyone in a way which, in our reasonable opinion, causes damage to BiteSlice or our reputation, or infringes another’s rights or applicable laws and regulations. 


If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

Please be aware that ad placement or usage statistics and revenue amounts displayed under your ad placement are not final and are subject to recalculation prior to actual distribution of payment by BiteSlice. You should not rely on those amounts in determining final ad revenues generated from the Site.

III.    FEES AND PAYMENT


BiteSlice generates income from views on your Creator Content and Site Ads (defined below) in relation to your Creator Content (the “Creator Income”). BiteSlice agrees to pay you up to 75% of Creator Income from your Creator Content each month (“Creator Payments”), with the remaining percent retained by BiteSlice for your use of the Site. All Creator Payments from BiteSlice to you will be made monthly through Stripe, Inc. payment processing (“Stripe”). You acknowledge and agree that the information you provide when creating your Stripe account is accurate, complete, and will be updated as necessary to be kept current at all times. You are solely responsible for providing and updating all bank account information to Stripe. We will not be liable for any missed Creator Payments that result from your failure to maintain and update current bank account information on Stripe. 

IV.    FEE CHANGES


We, in our sole discretion and at any time, may modify the fees for use of the Site. Any fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in Site fees to give you an opportunity to terminate your account and use of the Site before such change becomes effective. Your continued use of the Site after any fee change comes into effect constitutes your agreement to pay the modified fee amount. 

V.    CREATOR CONTENT


The Site allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material on the Site (“Creator Content” or “Content”). The Site also allows you to include a hyperlink on third-party websites, including on other Social Media Services (as defined below), to the page(s) where your Creator Content is located within the Site. You are responsible for the Creator Content that you post to the Site, including its legality, reliability, and appropriateness.

By posting, uploading, or otherwise submitting Creator Content to the Site, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Creator Content on and through the Site. You retain any and all of your rights to any Creator Content you submit, post, upload, or display on or through the Site and you are responsible for protecting those rights.

You represent and warrant that: (a) the Content is owned by you or you have the right to use it and grant us the rights and license as provided in these Terms, and (b) the posting, uploading, or submitting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We reserve all rights to block or remove communications or materials that we determine to be: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of a copyright, trademark, or other intellectual property right of another; or (iv) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute Creator-generated content on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any content or activities on the Site.

VI.    SOCIAL MEDIA SERVICES 


To use the Site, you will be required to authenticate and connect certain social media services, such as Instagram and TikTok, to the Site (the “Social Media Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Media Services on the websites of their respective providers. As part of such integration, Social Media Services will provide us with access to certain information, including the Creator Content, personal information and post-related metadata that you have provided or which are tracked by such Social Media Services. BiteSlice will download and store the Creator Content on its secure servers. BiteSlice will use such stored Creator Content to publish on the Site (i.e., BiteSlice will duplicate Creator Content published on the Social Media Services to the Site).  We will use, store, and disclose such information in accordance with the Privacy Statement. For more information about the implications of activating these Social Media Services and BiteSlice’s use, storage, and disclosure of information related to you and your use of the Site, please see the Privacy Statement. Please remember, however, that the manner in which Social Media Services use, store, and disclose your information is governed solely by the policies of such Social Media Services, and BiteSlice shall have no liability or responsibility for the privacy practices or other actions of any third-party websites or services that may be enabled within the Site.

VII.    ADVERTISEMENTS AND AFFILIATE LINKS


The Site contains third-party advertisements and affiliate links for third-party goods and services (the “Site Ads”). You acknowledge and agree that you shall not have the opportunity to select the Site Ads that appear on the Site in connection with your Creator Content.

You represent and warrant that the Site Ads and your use of the Site will not result in a material breach or violation of, any of the terms or provisions of (including but not limited to exclusivity provisions) or constitute a default under any agreement to which you are a party. If you have questions regarding third party agreements, contact support@biteslice.com prior to using the Site.


BiteSlice does make any representation or warranty as to the type of, content in, or products represented by the Site Ads. 

VIII.    PROMOTIONS; INCENTIVES


From time to time, third-party advertisers may make available on or through the Site certain sweepstakes, contests, challenges, rewards programs, or other promotions (collectively, “Promotions”). You are not obligated to participate in such Promotions. If you choose to participate in such Promotions, your participation in any such Promotions is subject to and governed by your agreement with the brand running the promotion and any other additional terms and conditions posted by such brand on any specific landing website or community website for any such Promotion on or through the Site. Brands may also provide you with certain incentives (e.g., cash, gift cards, and product samples) (“Incentives”) or enable you to earn points (“Points”) by completing qualifying activities, such as, for instance, making qualifying posts, viewing certain videos, reviewing certain consumer products, and raising awareness regarding brands or certain consumer products on social media through the Site. The specific services a brand engages you to perform, Incentives a brand may provide to you (including any related conditions), and ways in which you may earn Points and redeem Points for prizes or rewards (“Rewards”) each will be described in more detail in your agreement with the brand. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and/or use of any Incentive or Reward is your sole responsibility. BiteSlice disclaims all representations and warranties of any kind as to any Incentives, Points, or Rewards received by any brand.

IX.    TERMINATION


We may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination by BiteSlice, your right to use the Site will immediately cease.

All provisions of these Terms will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

To terminate your account and remove the Creator Content from the Site, please email support@biteslice.com and allow 30 days for BiteSlice to complete the removal process (the “Termination Period”). Third-party links may remain active after the Termination Period; however, your Creator Content will not be displayed after the Termination Period ends. Upon expiration of the Termination Period, Creator will no longer receive Creator Income and BiteSlice will retain all Creator Income generated.

X.    DISCLAIMERS AND LIMITATION OF LIABILITY


BITESLICE IS PROVIDING THE SITE AND THE SERVICES ON AN “AS-IS,” “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BITESLICE DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE. BITESLICE DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE MANNER. BITESLICE ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE. BITESLICE MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND BITESLICE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

IN NO EVENT SHALL BITESLICE, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD PARTIES, EVEN IF BITESLICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (a) THE USE OF OR INABILITY TO USE THE SITE, ANY SERVICES, OR THE CREATOR CONTENT; (b) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (c) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY OTHER SERVICES AND/OR CREATOR CONTENT; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (e) ANY OTHER MATTER RELATING TO THE SITE, ANY SERVICES, OR THE CREATOR CONTENT. YOU SPECIFICALLY AGREE THAT BITESLICE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE AND/OR YOUR ACCOUNT. THE MAXIMUM LIABILITY OF BITESLICE AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BITESLICE TO ACCESS AND USE THE SITE. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS, BITESLICE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

XI.    MISCELLANEOUS


(a)    Governing Law. These Terms, including without limitation their interpretation, construction, performance, and enforcement shall be governed by the laws of the State of Idaho, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Idaho shall not apply. The exclusive forum for the resolution of any dispute relating to these Terms shall be the state and federal courts in Ada County, Idaho, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by email to the address you have submitted on the Site, if any, and by any other means permitted by law.


(b)    Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service such revisions become effective, you agree to be bound by the revised terms. 


(c)    Indemnification. You agree to defend, indemnify and hold harmless BiteSlice, its subsidiaries and affiliates, business partners, contractors, clients, and service providers, and their respective officers, employees, agents, and representatives from and against any claims, liabilities, costs, or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, any Creator Content that you Transmit to or through the Site, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.


(d)    Notice. All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to BiteSlice at the following contact: support@biteslice.com.


Any notices to you may be made via either email or postal mail to the address in BiteSlice’s records or via posting on the Site.


Please report any violations of these Terms to BiteSlice at the contact listed above.


(e)    No Assignment. You may not assign, sublicense, or otherwise transfer any of your rights under these Terms. 


(f)    Severance. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 


(g)    Headings. Headings in these Terms are for convenience only and shall have no legal meaning or effect. 


(h)    Timing. No action arising under these Terms may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. 


(i)    Interpretation. These Terms, and not the conduct between us or any trade practice, shall control the interpretation of these Terms between the parties respecting our Service. 


(j)    No Waiver. BiteSlice’s failure to enforce a particular provision of these Terms does not mean that BiteSlice waives the right to enforce it in the future; BiteSlice shall waive such a right only in writing.


(k)    Entire Agreement. These Terms, the General Terms, the Privacy Statement, and all other written agreements duly executed between you and BiteSlice in connection with your use of the Site constitute the entire agreement between you and BiteSlice with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.

Contact Us


If you have any questions about these Terms, please contact us at support@biteslice.com .

Last Updated: 9/27/2023
 

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