Terms and Conditions
I. ACCEPTANCE OF TERMS AND CONDITIONS
This Website Terms and Conditions Agreement governs your access and use of the website or mobile applications (the “Site”) provided by BiteSlice, Inc. (“BiteSlice,” “we,” “us,” and “our”). By accessing, browsing, or using the Site or any pages of the Site, you are indicating that you have read and acknowledge and agree to be bound by this Website Terms and Conditions Agreement and any additional terms and conditions applicable to certain areas of the Site and posted in those areas of the Site, which are incorporated herein by reference (collectively, “Terms and Conditions”). If you do not agree to every provision of these Terms and Conditions, please do not access, browse, or use the Site.
These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Site. You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions. By accessing, browsing, or using the Site following the posting of changes to these Terms and Conditions, you accept such changes. 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 and Conditions 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 and Conditions.
II. SITE CONTENT
III. BITESLICE TRADEMARKS
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:
are registered and unregistered trademarks and service marks owned by BiteSlice or its subsidiaries or affiliates or a third party. The absence of a name, trademark, or logo in this list does not constitute a waiver of any and all intellectual property rights that BiteSlice has established in any of its goods, services, names, or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of BiteSlice or third parties and shall remain the property of BiteSlice and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of BiteSlice or such third party that may own such Mark. Your misuse of any such Mark, or any other Site Content, is strictly prohibited.
IV. CREATOR'S ACCOUNT
V. LEGAL REQUIREMENTS
Where BiteSlice has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, BiteSlice may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so. Please see the BiteSlice’s Website Privacy Statement located at http://www.biteslice.com/privacy-policy for additional information relating to the privacy and security of information collected hereunder.
VI. YOUR USE OF THE SITE
A Creator is solely responsible and liable for all data, social media account data, information, and other materials (“User Content”) that a Creator submits, uploads, posts, emails, or otherwise transmits (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND BITESLICE SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.
BiteSlice will only share personally identifiable information that you provide in accordance with BiteSlice’s privacy statement at http://www.biteslice.com/privacy-policy.
VII. ALL USERS OF THE SITE
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including email addresses, about other users of the Site; (c) Transmit any content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any content transmitted through the Site; (e) interfere with the Site or servers or networks used in connection with the Site; (f) interfere with the ability of others to use the Site; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish, create derivative works of, reverse engineer, assign, transfer, or exploit for any commercial purposes, any portion of the Site, the Site Content or any User Content contained therein; (h) conduct your business using the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor, or copy portions of the Site or the Site Content without BiteSlice’s prior written permission; (j) include in any third-party website any hyperlink to any page or location within the Site without BiteSlice’s prior written permission; (k) mirror or display the Site or any portion thereof in frames without BiteSlice’s prior written permission; or (l) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.
BiteSlice does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content of any user content. You acknowledge that by providing you with the ability to view and/or distribute user-generated content on the Site, BiteSlice is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user content or activities on the Site. However, BiteSlice reserves the right to block, remove, move, or edit any of the submissions in its sole discretion.
VIII. LINKED SITES
BiteSlice has not reviewed the websites linked to the Site and is not responsible for the content of any third-party pages or any other websites linked to the Site. Nothing in the Site, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by BiteSlice. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. You further acknowledge and agree that BiteSlice will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services. BiteSlice reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by BiteSlice. BiteSlice has no control over these linked websites and makes no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
IX. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The Site is controlled and operated by us from the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States of America. We do not represent or warrant that the Site, or any part of the Site, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
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 User Content that you Transmit to or through the Site, any violation of these Terms and Conditions 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.
XI. AVAILABILITY AND FEATURES
Availability and features of the Site are subject to change without notice.
You acknowledge and agree that BiteSlice may terminate your access to use of the Site for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that BiteSlice may terminate your access to and use of the Site without prior notice and without any liability to you or any third party. You acknowledge and agree that BiteSlice may modify, limit, suspend, or discontinue the Site or any part of the Site at any time, without notice or liability to you. BiteSlice may also, from time to time, establish general rules and policies regarding use of the Site. BiteSlice will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. BiteSlice shall have no liability or responsibility with respect to any lost Site Content, User Content, or other data, such as the deletion of or failure to store Site Content, User Content, or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). BiteSlice reserves the right to, but has no obligation to, store or keep copies of any Site Content, User Content, or other information unless otherwise required by law or court order.
XIII. DISCLAIMERS AND LIMITATION OF LIABILITY
BITESLICE IS PROVIDING THE SITE AND ALL FEATURES OF THE SITE CONTENT 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 SITE 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 USER 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 SERVICES AND/OR USER 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 USER 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. 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 AND CONDITIONS, BITESLICE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
XIV. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and the transactions they contemplate, 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 and Conditions 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 Conditions 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.
All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to BiteSlice at the following contact: email@example.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 and Conditions to BiteSlice at the contact listed above.
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect. No action arising under these Terms and Conditions may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Site. BiteSlice’s failure to enforce a particular provision of these Terms and Conditions does not mean that BiteSlice waives the right to enforce it in the future; BiteSlice shall waive such a right only in writing.
These Terms and Conditions 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.
XVII. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We expect users of the Site to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Site infringes your copyright, please provide our copyright agent with the written information specified below.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
BiteSlice’s copyright agent for notice of claims of copyright infringement can be reached as follows:
251 Little Falls Dr
Wilmington, DE 19808
If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org .
Last Updated: 9/27/2023