Bites Media — Terms of Use

Last Updated: September 27, 2018

 

PLEASE READ THIS TERMS OF USE AGREEMENT (THESE “TERMS”) CAREFULLY. BY ACCESSING OR USING WWW.BITESMEDIA.COM (THE “WEBSITE”), OR ANY OTHER WEBSITES OR APPLICATIONS OF BITES MEDIA (“BITES MEDIA” “WE” OR “US”) THAT LINK TO THESE TERMS, OR ANY OF THE SERVICES PROVIDED OR MADE AVAILABLE VIA THE WEBSITE (COLLECTIVELY, THE “SERVICES”) YOU (“YOU” OR “USER”) REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.

 

1. General. 

(a) Acceptance; Authority. By registering for or using the Services, including visiting or browsing the Website, you agree to these Terms. If you do not agree, or do not authority and consent to be bound by the Terms (as further described below), you may not access or use the Website or Services.

 

(b) Eligibility. By registering for or using the Services you represent and warrant that you meet all eligibility criteria set forth in these Terms, including all age and authorization requirements. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

 

(c) Modifications. These Terms are subject to change by Bites Media in its sole discretion at any time. Please regularly check the Website to view the then-current Terms. When changes are made, Bites Media will make a new copy of the Terms available on the Website and we will update the “Last Updated” date at the top of the Terms. If you do not agree to any changes after receiving a notice of such changes, please stop using the Website and the Services and please contact us to have your account deleted. Otherwise, your continued use of the Website or Services constitutes your acceptance of such changes. Any changes to the Terms will be effective immediately for new Users of the Services.

 

(d) ARBITRATION. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. MORE INFORMATION ABOUT ARBITRATION IS INCLUDED BELOW.

 

2. Services.

(a) Use of the Services. The Website and Services, and the information, data and content made available on the Website or Services (“Content”) are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms, Bites Media grants you a limited license to access, view, download, print or reproduce certain portions of the Services, as designated by Bites Media, for the sole purpose of using the Services for your educational, non-commercial purposes.

 

(b) Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website or Services; (b) you shall not use framing techniques to enclose any trademark or logo on the Website or Services;

 

(c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website or Services except to the extent the foregoing restrictions are expressly prohibited by applicable statutory law;

 

(d) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website or Services;

 

(e) except as expressly stated herein, no part of the Website or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and

 

(f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website or Services.

 

Any future release, update or other addition to the Website or Services shall be subject to the Terms. Bites Media, its licensors, suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website or Services terminates the licenses granted by Bites Media pursuant to the Terms. (c) Modifications to the Service. We reserve the right to add, change or eliminate features, pricing, nomenclature and other aspects of the Services , and these Terms will continue to apply to the Services as modified. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.

 

3. Registration.

In order to access certain features of the Services, you must have a registered account for the Services (“Account”). Your Account is established by your school or your educator; we do not register any individual other than through a school or educator.

 

4. User Content.

We do not currently allow you to post any Content on the Site.

 

5. Your Data.

(a) Personal Data. Bites Media will only collect and use your data as necessary to fulfill its duties and provide and improve the Services. Bites Media does not collect any personally identifiable data. For more information concerning how Bites Media uses data, see our Privacy Policy available at https://www.BitesMedia.com/privacy-policy/.

 

(b) Anonymous and Non-Personal Data. Bites Media may create and use nonpersonal data in accordance with these Terms and Bites Media’s Privacy Policy available at https://www.BitesMedia.com/privacy-policy/.

 

6. Proprietary Rights.

(a) Services.

You agree that Bites Media and its licensors and suppliers own all rights, title and interest in the Services. Bites Media’s name and other related logos, service marks and trade names used on or in connection with the Services are the trademarks and intellectual property of Bites Media and may not be used without Bites Media’s permission. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

 

(b) Ownership of Content.

You agree that you have no right or title in or to any Content that appears on or in the Services.

 

7. Third-Party Websites.

The Services may contain links to third-party websites (“Third-Party Websites”). Such ThirdParty Websites are not under the control of Bites Media. Bites Media is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies of any Third-Party Websites before proceeding with any transaction with any third party.

 

8. Indemnification.

 

You agree to indemnify and hold Bites Media, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “Bites Media Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:

 

(a) your use of, or inability to use, the Services;

 

(b) your violation of the Terms;

 

(c) your violation of any rights of another party, including any User; or

 

(d) your violation of any applicable laws, rules or regulations. Bites Media reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bites Media in asserting any available defenses. You agree that the provisions in this section will survive termination of the Terms.

 

9. Disclaimer of Warranties.

 

YOU EXPRESSLY AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. BITES MEDIA PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BITES MEDIA PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY CONTENT DOWNLOADED 4 62112891v2 FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

 

10. Limitation of Liability.

 

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BITES MEDIA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES; ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT BITES MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON SERVICES; OR (D) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.

 

11. Procedure for Making Claims of Copyright Infringement.

It is Bites Media’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Bites Media by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written 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; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Bites Media’s Copyright Agent for notice of claims of copyright infringement is as follows: admin@Bites Media.com.

 

12. Term and Termination.

 

The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services pursuant to the terms of an agreement between Bites Media and your school or educator, unless terminated earlier in accordance with the Terms. If you have materially breached any provision of the Terms, or if Bites Media is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), Bites Media has the right to immediately suspend any Services and licenses provided to you under this Agreement (“Suspension”). Following Suspension, Bites Media and your educator or school, as applicable, will work together in good faith to determine whether to reinstate your access to (and any associated licenses to) the Services or permanently terminate your Services. Notwithstanding the foregoing, Bites Media may terminate your Account immediately in its sole discretion in the event that (a) you are a repeat infringer for purposes of Bites Media’s copyright infringement policy as described in Section 12 or (b) you violate any restriction of these Terms after Bites Media makes reasonable efforts to provide you with notice of a previous violation. You agree that Bites Media shall not be liable to you or any third party for any Suspension or termination of your Account made in accordance with the Terms. Termination of any Services includes removal of access to such Services and barring of further use of the Service. Termination of all Services also may include deletion of your password. Upon termination of any Service, your right to use such Services will automatically terminate immediately. Bites Media will not have any liability whatsoever to you for any Suspension or termination. Upon early termination of the Services by Bites Media, in the event that you have purchased Premium Features, Bites Media will refund to you a pro rata portion of fees for such Premium Services paid to Bites Media hereunder to the extent such fees are for Services that have not yet been rendered or made available to you. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification, warranty disclaimers, and limitation of liability.

 

13. General Provisions.

 

(a) Dispute Resolution. Any dispute, claim or controversy arising out of or relating to this Agreement, the Website or Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

(b) Miscellaneous. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Bites Media’s prior written consent, and any attempted assignment, subcontract, delegation or transfer in violation of the foregoing will be null and void. Bites Media may assign this Agreement without your consent. Bites Media shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Where Bites Media requires that you provide an e-mail address, you are responsible for providing Bites Media with your most current e-mail address. In the event that the last e-mail address you provided to Bites Media is not valid, or for any reason is not capable of delivering to you any notices required permitted by the Terms, Bites Media’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Bites Media at the following address: 12655 W. Jefferson Blvd Los Angeles, CA 90066. Such notice shall be deemed given when received by Bites Media by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Unless you have entered into a separate agreement, the Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.