BiteFlip, LLC
Terms and Conditions
Your use of BiteFlip.com (the “Site”), owned and operated by BiteFlip, LLC (“BiteFlip”), constitutes your acceptance, without limitation or qualification, of the terms and conditions (these “Terms”) set forth herein. By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms, just as if you had signed them. If you are not willing to be bound by these Terms, do not access the Site or use BiteFlip’s products or services. BiteFlip may modify these Terms at any time, and such modifications shall be deemed effective immediately upon posting on the Site. Any continued use of the Site shall be deemed conclusive of your acceptance of the modified terms and conditions.
1. Use. Your use of the Site is restricted to its intended purposes. You may not distribute, modify, transmit, reuse, repost or use any Site materials or information for public or commercial purposes, other than those for which the Site is intended. All contents of the Site are copyrighted work of BiteFlip and/or any of BiteFlip’s clients and may not be used without the express written permission of BiteFlip, or the respective copyright owner. Images of people or places displayed on the Site are either the property of, or used with permission by, BiteFlip or its clients. The use of these images by you is strictly prohibited and is illegal.
2. Access. Except as otherwise expressly permitted on the Site, any access or attempt to access other areas of the BiteFlip computer system or other information contained on the system for any purpose is strictly prohibited. You agree that you will not use any robot, spider, other automatic or manual process or device to “screen scrape”, monitor “mine”, or copy pages on the Site or the content contained therein. You will not spam any other user of the Site for any reason. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on BiteFlip’s infrastructure. You may not use framing techniques to enclose any BiteFlip trademark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site.
3. Accuracy. BiteFlip disclaims any warranties or representations, express or implied, as to the Site’s accuracy or currency, and assumes no liability or responsibility related to the foregoing.
4. Privacy. BiteFlip respects the privacy of its users and has created a Privacy Policy that explains users’ rights and responsibilities with respect to personal information disclosed on the Site.
5. Liability. Your use of the Site is at your own risk. In no event shall BiteFlip or any other party involved in creating, producing or delivering the Site, or clients of the Site, be liable for any damages (including, without limitation, direct, incidental, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use, the Site. This includes damages to or viruses that may infect your computer equipment. BiteFlip does not guarantee or warrant that files available for download from this Site will be free of infection from viruses, worms, trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, and to the full extent allowed by applicable law, everything on the Site is provided to you “AS IS” without warranties of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.
6. Indemnification. You agree to indemnify, defend and hold harmless BiteFlip, its officers, directors, employees, agents, clients and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms, or any activity related to your use of the Site.
7. Confidentiality. Subject to the terms and conditions set forth in our Privacy Policy, any communication or material that you transmit to, or post on, the Site by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary information. BiteFlip, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. BiteFlip and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any communication or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services.
8. Trademarks. The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered trademarks of BiteFlip and others. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and or trade dress of BiteFlip and others and may not be copied, in whole or in part, without the prior written permission of the Trademark owner. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks. Your misuse of the Trademarks on the Site and in its contents, except as provided in these Terms, is strictly prohibited.
9. Copyrights. BiteFlip grants you the privilege of accessing and viewing the text, graphics, audio, design, images, charts and other content (the “BiteFlip Content”) on the Site solely for the Site’s intended use. BiteFlip may revoke such privilege at any time with or without notice for any reason or no reason. Any and all BiteFlip Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, “Works”) are the copyrighted works of BiteFlip or others and are protected under U.S. and worldwide copyright laws and treaty provisions. Other than the limited grant of access to and viewing of the BiteFlip Content set forth above, BiteFlip grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, or performance is strictly prohibited.
10. Communications and Posts. Although BiteFlip may, from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and the like on the Site, BiteFlip is under no obligation to do so and assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site. BiteFlip assumes no responsibility for checking information posted in discussions, chats, reviews, transmissions, bulletin boards or the like on the Site for accuracy.
11. Operating Policy. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. BiteFlip will fully cooperate with any law enforcement authorities or court order requesting or directing BiteFlip to disclose the identity of anyone posting any such information or materials. All posts must be related to the purposes of the Site, in BiteFlip’s sole discretion, and shall be original content – copying or plagiarizing content from other users or parties is prohibited.
12. Review. BiteFlip reserves the right, but is not obligated, to review communications and materials posted or uploaded to the Site, and to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive, objectionable or otherwise unacceptable to BiteFlip at its sole discretion. BiteFlip further reserves the right to suspend or block any Site user who violates these Terms.
13. Editorial Rights. BiteFlip reserves the right to alter or delete material from the Site at any time.
14. No Endorsement. Certain links and/ advertisements on the Site lead to resources or businesses that are not maintained by BiteFlip or under its control. We provide such links merely for our users’ convenience. BiteFlip is not responsible for the content of any such referenced websites or companies or for the availability of access to such websites. Inclusion on the Site of any link to another web site, or any reference to any product or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by BiteFlip. Access to other sites linked to this Site is at your own risk, and we disclaim all liability with regard to your access to such linked sites.
15 Feedback and Reviews. A forum for feedback and reviews is provided by the Site. You may post feedback that is timely, accurate, and useful to other users. Any feedback or reviews that are false, misleading, malicious, and the like are prohibited. Feedback and reviews must be posted within 12 months from the date of services or goods are performed or provided.
16. Void Where Prohibited. Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions. BiteFlip reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made in the materials on this Site is void where prohibited.
19. Miscellaneous. These Terms, together with our Privacy Policy and any other agreement that may be entered into by you and BiteFlip in connection with a specific product or service of BiteFlip, constitute the entire agreement between you and BiteFlip and supersede any and all other agreements, representations and understandings, whether written or oral. These Terms may not be modified or amended by you without the prior written consent of BiteFlip. BiteFlip may modify or amend these Terms and the Privacy Policy at any time without notice to you. You should regularly review these Terms for any modifications or amendments to these Terms as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms, as amended. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, then, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
These Terms and your use of the Site and any products and services provided by the Site shall be governed by the laws of the United States of America and the State of Utah without regard to its conflicts of laws principles. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.