BITE TERMS OF WEBSITE USE—
Information about us
The Website operated by Bite Communications Limited for itself and its affiliates Bite Communications (Canada) Limited, Soundbite Communications SARL, Bourne Marketing Group Inc (in the USA) and our other affiliates trading under the Bite name, including the name "Bite Marketing" ("Bite", "we", "our", or "us").
Bite Communications Limited is a limited company registered in England and Wales under company number 03023521 and has its registered office at The Character Building, 41B Beavor Lane, London W6 9BL. Its VAT number is 749752190.
It may be contacted at the above address or by email at [firstname.lastname@example.org]. Other Bite companies can be emailed at the email addresses indicated on the Where to Find Us pages of the Website.
Accessing our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our Website.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
BITE is a registered European Community trade mark of Bite Communications Limited.
Information and material posted
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents. Moreover, the material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.
Our Website may contain a feature allowing users to post blogs or other materials to the Website. We do not monitor those posts or accept responsibility for their contents although we will keep the risk not doing so under review, and we will update this policy if we consider appropriate.
If you have any concerns about any materials, including blogs, which appear on our Website, please contact please contact us at our physical or email address given above.
If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Website infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our US resident Bite affiliate with the following information in writing:
- identification of the copyrighted work or works claimed to have been infringed
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
- your contact information including name, address, telephone number, and, if available, an email address
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed
- your physical or electronic signature.
We may update the content on our Website at any time, but content may be out of date.
Limitations and exclusions of our liability
To the extent permitted by law, Bite expressly excludes liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of goodwill
- wasted management or office time
in each case, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud, fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Information about you and your visits to our Website
Uploading material to our Website
By uploading any material to our website, you confirms that you are not a minor.
Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must NOT use our Website:
- to post, publish or distribute any material which infringes or misuse any person's copyrights, trademarks, rights in designs, database rights, confidential information, or other intellectual property rights anywhere in the world
- to post material which invades privacy or is defamatory, offensive, obscene, inflammatory, intimidating, threatening or harassing, degrading, promotes violence or is violent in nature, is sexually explicit, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or which is unlawful or promotes illegal activity anywhere in in the world
- for fraudulent or deceptive purpose or with a fraudulent or deceptive effect
- so as to harm or attempt to harm minors or children
- in any way that could give rise to civil or criminal liability
- without the prior written permission of Bite Communications Limited, to advertise or solicit the sale of goods or service or to solicit funds
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with any content standards posted to our Website from time to time
- in relation to the sending of, any unsolicited or unauthorised advertising or promotional material (spam)
- to knowingly transmit any viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Any material that you upload to our Website must, where factual, be accurate and, where opinion, be genuinely held.
Any material you upload to our Website will be considered non-confidential, and you authorise us to use, copy, distribute and disclose to third parties any such material for any purpose. You also agree that we may delete your material from our Website at any time.
Where we consider to be in breach of the above obligations, we may withdraw or suspend your ability to use any feature of our Website or take any other action that we consider appropriate including, without limitation, taking legal proceedings against you.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.
Viruses, hacking and other offences
You also agree not to access, without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored or to which it connects, any software used in the provision of our Website; or database connected to our Website.
You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the standards set out in these Terms and Conditions (Uploading material to our Website).
Links from our Website
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.