Terms of Use

BiteClub Terms of Use - Effective February 1, 2008

Welcome to BiteClub. We maintain and operate the Biteclub.com Web site (“Web site”).

This document outlines our Terms of Use (“TOU”) for visitors to our Web site.

Introduction. Before you may become a registered user of the BiteClub Web site, you must read and accept all of the terms and conditions in, and linked to, our TOU and the Privacy Policy. In addition, you agree to abide by any applicable posted guidelines for all BiteClub services.

BiteClub reserves the right to limit or terminate your access to the Web site if you do not comply with these Terms of Use.

You must be at least 13 to use the Web site. If BiteClub discovers through reliable means that you are younger than 13, BiteClub will cancel your account.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Web site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Our Web Site Usage Restrictions. BiteClub is committed to providing a fun, pleasant and informative experience on our Web site. Visitors to our Web site are restricted in how it gets used and the content posted and/or uploaded.

Prohibited Activities. You may not use the Web site to do any of the following:

a. harass or advocate harassment of another person or entity;

b. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;

c. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;

d. distribute or transmit pyramid schemes, chain letters, unsolicited mass mailings or “spam;”

e. collect or store any information about other users or members, other than in the normal course of using the Web site for their intended purpose of facilitating voluntary communication among users;

f. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item;

g. Contact anyone who has asked not to be contacted;

Additionally, you may not do any of the following to the Web site:

a. use the Web site in any manner that could damage, disable, overburden, disrupt or impair the Web site or any BiteClub server, or the network(s) connected to any BiteClub server, or interfere with any other party’s use and enjoyment of the Web site

b. disobey any applicable policies or regulations of networks connected to the Web site;

c. modify, adapt, translate or reverse engineer the Website;

d. frame the Web site or reformat them in any way; or

e. create user accounts using any automated means or under false pretenses.

Content You Post to the Web site. You may post and share comments and content with other users through the Web site. By using the Web site, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

a. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;

b. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;

c. is illegal;

d. is tortuous, defamatory, libelous or invasive of another’s privacy or publicity rights;

e. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;

f. you do not have a right to make available under law or contractual or fiduciary relationships;

g. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;

h. bears any false, disguised or misleading origin;

i. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.

Warranty. YOU AGREE THAT USE OF THE BITECLUB WEB SITE AND SERVICES IS ENTIRELY AT

YOUR OWN RISK. THE BITECLUB SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BITECLUB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,

TIMELINESS, ACCURACY, AND PERFORMANCE OF THE BITECLUB SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BITECLUB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE BITECLUB SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE BITECLUB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, BITECLUB DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN

CONNECTION WITH THE BITECLUB SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Liability. You will not hold BiteClub responsible for other users' actions or inactions, including things they post. You acknowledge that we are a traditional social networking platform. The Web site is a venue to allow anyone to post just about anything, at anytime, from anywhere, in a variety of formats and venues.

Therefore, all messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Web site. BiteClub reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Web site and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF THE WEB SITE AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEB SITE AND THE SERVICES PROVIDED THEREBY.

Other Requirements. To the extent that you use or connect to any third party messaging and/or content delivery systems through the Web site, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

You understand that the Web site and services offered thereby are offered to the public free of charge.

Changes to The Terms of Use. We may amend (add to, delete, or change) the terms of this TOU agreement from time to time by posting a notice of the change (or an amended Terms of Use Agreement) at this Web site. When required by law, we will send you a notice of the change. Your continued use of our Web site or any online service following notification will constitute your agreement to the revised agreement.

Questions. If you have any questions regarding the Terms of Use, you can write to: Terms Of Use Ombudsman, c/o BiteClub, 1404 28th Street, Sacramento, CA 95816 or email us at info@biteclub.com.