Terms of service
Please read these terms of service carefully
They set out the terms on which www.biteslide.com (the "Biteslide Website") is made available to You, and also provide information on how You can submit material and how this will be used. If You do not understand these terms, or do not agree to them in any way, please do not use or register with the Biteslide Website.
2. Changes to these Terms
3. Biteslide Accounts
4. Use of the Biteslide Website and Services
5. User Submissions
6. Notice and Takedown Procedure
7. Links to and from the Biteslide Website
8. Biteslide Content
9. Our Liability to You
11. Privacy and Personal Data
14. Governing Law And Jurisdiction
15. Our Details
1.1 The Biteslide Website is owned and operated by Biteslide Limited ("Biteslide" or "We"/"Our"/"Us"). The Biteslide Website, together with the Nibbler tool and the other features and services offered by Biteslide in connection with the Biteslide Website are referred to as the "Biteslide Services".
1.3 You may not use the Biteslide Services if You are under 16 years of age without the prior explicit permission of your Parent, legal Guardian, or School Teacher. You may not use the Biteslide Services if you are a person who is legally prohibited from using the Biteslide Website under the laws of the country in which You are resident or from which You access the Biteslide Website.
1.4 If You have any questions, complaints or comments on the Biteslide Services, please contact us.
2.2 All such changes will take effect once they have been posted on the Biteslide Website. You understand and agree that it is Your responsibility to refer to and comply with the most up-to-date Terms and that You will be deemed to have accepted any such changes by Your use of the Biteslide Services from such time.
3.1 If You would like to access certain areas and features of the Biteslide Website, create a personal slidebook, upload material to the Biteslide Website, use the Nibbler tool or interact with other subscribers of the Biteslide Services You will need to register with the Biteslide Website and create an account with an associated username and password. We reserve the right to amend, reject or remove user names or images and/or slidebook names for any reason and at our sole discretion, including without limitation those which We deem to be offensive, defamatory or otherwise unsuitable, for example where we receive an allegation of trade mark infringement.
3.2 By creating an account on the Biteslide Website You confirm that You are 16 years or older, or if under the age of 16 you have prior explicit permission of either your parent, legal guardian, or school teacher, and that You have read and understand, agree to and comply with these Terms.
3.3 You can create slidebooks that are a combination of photos, links, videos, documents and other types of digital media. When You create a slidebook, its default setting will be private to you, your teacher, and your class. However, if your teacher has enabled the feature, you can choose to embed a slidebook outside of the Biteslide Website and you do so at your own risk.
3.4 You must provide accurate and complete information when registering and You should update these details via Your account from time to make sure it remains accurate.
3.5 You are responsible for keeping Your username and password confidential and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Biteslide Services and will not be liable where Your username and password is used by someone else. If You believe there has been any unauthorised use of Your username or password, or a breach of security You must notify Biteslide immediately using our contact form. You acknowledge that failing to exit Your session or log out correctly may result in the breach of Your account security.
4.1 You agree that You will not use the Biteslide Website or Services:
4.1.1 for any purpose other than for educational related school activities without prior written consent from Biteslide;
4.1.2 in any way that may lead to the encouragement, procurement or carrying out of any criminal activity engage in any illegal activities; or 4.1.3 for any purpose which promotes gambling, alcohol, tobacco products, ammunition and/or firearms;
4.1.3 to advertise or promote third party or Your own products or services including by way of the distribution of 'spam' email.
4.2 In using the Biteslide Website and Services, You also agree:
4.2.1 not to access Biteslide Website content through any other means than those explicitly provided by Biteslide on the Biteslide Website (including through any automated means);
4.2.2 not to access or attempt to access the accounts of other users;
4.2.3 not to bypass or interfere with any security features of the Biteslide Website, or interfere with any Biteslide Websites, servers, or networks;
4.2.4 not to use Biteslide's copyright materials or trade marks without Our prior written consent;
4.2.5 not to impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity; and
4.2.6 not to transfer files that contain viruses, Trojans or other harmful programs, or that otherwise introduce any of these into the Biteslide Website.
4.3 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Biteslide Website or the computer codes of elements comprising the Website other than for Your own personal (non-commercial) use.
4.4 You agree that You are solely responsible for any breach of Your obligations under these Terms and that Biteslide has no responsibility to You or to any third party for any damage which occurs as a result of such breach.
5.1 Registered users may upload, submit, post or clip a number of different content types including video, audio, text, pictures, links, reviews, comments and all other user generated content to their slidebook on the Biteslide Website ("User Submissions").
5.2 By making a User Submission You do not transfer ownership of the User Submission to Biteslide, but You grant Us a worldwide, non- terminable, royalty-free, transferable, sub-licensable and non-exclusive licence to use such User Submission at Our own discretion including, without limitation, to use, copy, distribute, reproduce, modify, publicly display and remove the content on the Biteslide Website and any associated Biteslide Service.
5.3 You agree and guarantee that:
5.3.1 any User Submission You provide or upload is original to You, or that You have obtained any consents necessary for You to provide the User Submission to Us for the purposes set out in section 5.2 above; and
5.3.2 by providing or uploading User Submissions which link to the products and services of a third party, neither You nor We are in breach of any terms and conditions imposed by such third party.
5.4 You agree that You will not upload, post, clip, email, transmit or otherwise disseminate any User Submission which:
5.4.1 is offensive, obscene, unlawful, indecent or pornographic;
5.4.2 is inaccurate, defamatory or libellous;
5.4.3 is copyrighted, protected by trade secret, subject to third party proprietary rights or the disclosure or use of it is unauthorised in any other way, unless You are the owner of such rights or have obtained a valid licence to use the User Submission in the manner used on the Biteslide Website;
5.4.4 is or may have the effect of being harassing, threatening, abusive or hateful;
5.4.5 degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or
5.4.6 contains inflammatory religious or political content or hate speech;
5.4.7 is intended to exploit or harm children; or
5.4.8 is otherwise illegal or encourages illegal activity.
5.5 Biteslide does not promote or approve of any act which infringes the copyrights (including rights in computer software), moral rights, trade marks, logos, rights in designs or database rights (together the "Intellectual Property Rights") of any party, and any such activities or materials will not be tolerated on the Biteslide Website and may be removed.
5.6 We do not guarantee to use or otherwise make available User Submissions, which We may reject, edit, moderate or delete at Our absolute discretion.
5.7 You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising any breach by You of this Section 5.
5.8 Biteslide cannot and does not guarantee the confidentiality of any User Submissions which are posted or uploaded onto a publicly available slidebook.
6.1 Although We ask all users, visitors and registered members to comply with these Terms, You accept that You may be exposed to User Submissions on the Biteslide Website that are inaccurate or otherwise objectionable to You. As User Submissions are created by users, they do not represent the views of Biteslide, and are not in any way endorsed by Us. You acknowledge that We do not actively monitor all User Submissions for accuracy or lawfulness.
6.2 However, if You become aware of any misuse of the Biteslide Website which violates these or wish to complain about any User Submission or content on the Biteslide Website or believe any of Your rights have been violated, please immediately report the activities or content to Us by reporting a violation through the contact form.
6.3 Any reports or allegations of a violation must include:
6.3.1 the nature of Your complaint and location within the Biteslide Website of the relevant content or member;
6.3.2 Your name, address, telephone number and email address and such other information as We may reasonably request; and
6.3.3 for any Intellectual Property Right disputes:
22.214.171.124 identification of the image, brand, work or material You claim has been infringed ("Work");
126.96.36.199 a statement that You believe in good-faith that the use of the relevant Work is not authorised by the owner of the relevant rights in the Work, or the owner's agent, or the law;
188.8.131.52 and a statement that the information You are supplying is accurate and correct, and that You are either the owner of the relevant rights in the Work, or authorised to act on the owner's behalf.
6.4 It is Biteslide's policy to investigate all alleged breaches of these Terms and we do our best to investigate all complaints within 48 hours. Biteslide reserves the right to make final judgement on whether any User Submission complies with these Terms, and where any content is deemed by Biteslide as non-compliant with such terms (whether knowingly or unknowingly) Biteslide may elect to remove the relevant content from the Biteslide Website or Services and/or delete the registered profile and account, of the relevant poster, in each case immediately and without notice.
6.5 If any content or Work You post is removed by Biteslide you agree that we shall not be liable to you for that removal or for any damage or loss that may result directly or indirectly from that action by Biteslide.
7.1 You may establish links to the Biteslide Website provided that:
7.1.1 You do not remove or obscure, advertisements, the copyright notice or other notices on the Biteslide Website; and 7.1.2 You immediately stop providing links to the Biteslide Website if requested by Us.
7.2 The Biteslide Website contains content that links to third party websites from time to time, such as through members' slidebooks, advertising or otherwise. These links are provided for Your ease of reference and convenience only. You acknowledge and agree that We do not own or control such third party websites and are not responsible for the availability or contents of such websites.
7.3 The inclusion of links to other websites on the Biteslide Website does not imply any endorsement by Us of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using or linking to those websites. You agree that You will not involve Us in any dispute between You and the third party.
8.1 All content on the Biteslide Website or made available through the Biteslide Services, with the exception of User Submissions is the property of Biteslide or its licensors ("Biteslide Content"). This includes without limitation, trade marks, logos, text, software, graphics, animations, pictures, photos, sounds, music, videos and interactive features on the Biteslide Website.
8.2 Your use of the Biteslide Website and Biteslide Services grants no rights to You in relation to the Biteslide Content and the Biteslide Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Biteslide. Any use other than that permitted under these Terms may only be undertaken with Our prior express written authorisation.
9.1 All content and services on the Website and Services are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of the Biteslide Website and Services or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Biteslide Website and Services.
9.2 Whilst We use reasonable endeavours to ensure that the information through the Biteslide Website and Services is correct and to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not warrant that the information made available through Biteslide Website and Services itself is complete or up-to-date, nor that it will be will be free from errors or omissions.
9.3 We do not warrant that the Biteslide Website and Services will be available uninterrupted and in a fully operating condition. You acknowledge that access to the Biteslide Website and Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
9.4 We do not accept any liability for damage to Your computer system or loss of data that results from Your use of the Biteslide Website and Services and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features. We have the right to deny access to the Biteslide Website and Services and delete User Submissions at any time without notice.
9.5 Any decisions or action taken by You on the basis of information provided on or via the Biteslide Website and Services are at Your sole discretion and risk and You should obtain individual professional advice where necessary. Nothing in this clause 9 shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
9.6 Nothing in these Terms shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury caused by Our negligence or the negligence by Us, Our employees or agents, or for any other liability which cannot be excluded or limited under applicable law.
9.7 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with and/or these Terms shall be limited in aggregate to £1,000.
10.1 We reserve the right to suspend or terminate Your account or access to any part of the Biteslide Website or Services as set out in section 1.2. You may terminate Your account and remove Your profile at any time, for any reason, by informing Biteslide that you wish to do so using the contact form. Even after Your account is terminated (whether by You or by Us and for whatever reason) these Terms will remain in full force and effect. Your slidebooks and User Submissions may remain on the Biteslide Website – please contact us if You would like to request its removal.
11.2 We will co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Website.
If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
We, Biteslide, may transfer Our rights and obligations under these Terms to any company, firm or person, provided that this does not affect Your rights under these Terms. You may not transfer or assign Your rights or obligations under the Terms to anyone else and Your account is personal to You.
These Terms shall be governed by English law and You and We both agree to submit to the non-exclusive jurisdiction of the English Courts.
Biteslide Limited is a company registered in England and Wales with company no. 08261941 at Unit 36, 88-90 Hatton Garden, London, EC1N 8PG.
These Terms were last updated on 1 December 2012
© Biteslide Limited 2013