This agreement is effective as of March 1st, 2008.
Welcome to MyBiteSite.com! By using or accessing MyBiteSite.com, you acknowledge that you agree to and are subject to the following Terms of Use (“TOU”) policy, which may change from time to time. You should carefully read through this policy. If you do not fully agree to these terms, you may not access or otherwise use this service. Moreover, this TOU policy constitutes a legally binding agreement between you and Adicor, Inc (“MyBiteSite”, “Service”, “we”, “us” or “our”), and supersedes any prior agreement, whether written or oral.
I. Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter the TOU at any time. Such modification shall become effective immediately upon the positing thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
II. Registration and Security
In order to use or access some of the MyBiteSite services, you may be required to register with MyBiteSite and to select a password and user name, which shall consist of an email address you own and use (“User ID”). If you register, you agree to provide MyBiteSite with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the TOU, which may result in immediate termination of your account. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, use as a User ID a name subject to any right of a person other than yourself without appropriate authorization. MyBiteSite reserves the right to refuse registrations of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any USER ID and password provided to you for your access to the Service shall be for your personal use only. You agree to immediately notify MyBitSite of any unauthorized use of your User ID or password, and ensure that you exit from your account at the end of each session.
III. Propriety Rights and Downloading of Information from the Site
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through MyBiteSite is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. The content and software on this site is the property of MyBiteSite and may only be used as an information, communication, and e-commerce resource. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MyBiteSite. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MyBiteSite, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. MyBiteSite is a registered mark in the U.S. Patent and Trademark Office.
Although MyBiteSite does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MyBiteSite an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant MyBiteSite all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
IV. Legal Authority to use the Service
If you are an individual, you must be an adult of at least 18 years to register as a member of MyBiteSite. By accepting the TOU, you confirm that you are an adult of at least 18 years of age. If you are under the age of 18, you can use the Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the TOU. If you are an entity, by accepting these TOU, you confirm (through your authorized representative) that you are a corporation, partnership or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept the TOU.
V. Use of the Service by You
A. Unless otherwise specified, MyBiteSite.com is intended for your personal use only. You may not authorize others to use the Service, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Service.
B. You agree not to use any obscene, indecent, or offensive language or to place on the Service any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, commercial offers, invades anyone's privacy, encourages conduct that would constitute a criminal offense, gives rise to civil liability, or that otherwise violates any local, state, federal, national, or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
C. You are responsible for ensuring that any material you provide to the Service or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
D. You agree not to disrupt, overwhelm, attack, modify, or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
E. You agree to refrain from registering for more than one User account, registering for a User account on behalf of an individual other than yourself, or registering for a User account on behalf of any group or entity without appropriate authorization.
F. You agree to refrain from intimidating or harassing another user.
G. You agree to refrain from uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
F. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means--including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
VI. Use of Materials Posted by You
Postings to the Discussion Areas are not private. As previously stated, you grant the Service Provider and its designees the unrestricted right to use, reproduce, modify, translate, transmit and distribute any information or material you supply or communicate to the Service via such postings, in any medium now in existence or hereafter developed, for any purpose, including commercial uses. All other information and material you supply or communicate to the Service is governed by the Service's PRIVACY POLICY, which is accessible from the bottom of any page on the Service.
VII. Third Party Content, Sites, and Services
MyBiteSite.com and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MyBiteSite.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of good or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MyBiteSite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MyBiteSite is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MyBiteSite, its officers, employees, agents and successors in rights, from claims, demands and damages (actual and consequential) of every kind of nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or service.
VIII. Privacy
At MyBiteSite, we care about the privacy of our users. To view our Privacy Policy, click HERE.
IX. Copyright Complaints
MyBiteSite respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please send an email notification to support@mybitesite.com.
MyBiteSite will remove any infringing Content, subject to the procedures outlines in the Digital Millennium Copyright Act (DMCA).
X. Termination of Service
You agree that MyBiteSite has the right (but not the obligation) to terminate your membership, delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MyBiteSite believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that MyBiteSite shall not be liable to you or any third-party for any termination of your access to the Service. Finally, you agree not to attempt to use the Service after said termination.
XI. Disclaimers
MyBiteSite is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on MyBiteSite.com or in connection with the Service, whether posted or caused by users of the Site, by MyBiteSite, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Service.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. MyBiteSite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. MyBiteSite is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will MyBiteSite be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Service, whether online or offline.
THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ANY PLATFORM APPLICATIONS, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
MyBiteSite reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MyBiteSite.
XII. Limitation of Liability
MyBiteSite shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MyBiteSite’s control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Without limiting the foregoing, MyBiteSite and its affiliates and suppliers will not be liable under any theory of law, for any indirect, incidental, punitive, and consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, MyBiteSite’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MyBiteSite for the service during the term of membership, but in no case will the company’s liability to you exceed $100. You acknowledge that if no fees are paid to MyBiteSite for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from MYBITESITE, regardless of the cause of action.
XIII. Indemnity
You agree to indemnify and hold MyBiteSite, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
XIV. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to MyBiteSite are non-confidential and shall become the sole property of MyBiteSite. MyBiteSite shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
XV. Permissions
If you are seeking permission to use MyBiteSite trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please send an email to support@mybitesite.com.
XVI. How to Contact Us
If you have any questions about this TOU policy, our practices, or your dealings with MyBiteSite.com, we encourage you to contact us at support@mybitesite.com or:
MyBiteSite.com
PO Box 1016
Bradenton, FL 34206