Bitebay.com terms and conditions
You the Content Provider
a) It is in the Content Provider's interest to have its content and material, as defined in Art.2 below, promoted and made available to the widest public as possible via the Internet and/or any other suitable media;
b) BB, owner of the domain named 'Bitebay.com' (www.Bitebay.comor any subsequent URL which may be added or replace it, is interested to promote the Content Provider's content and/or material, as defined in Art.2 below, to the audience via the internet and/or any other suitable media;
c) Both BB and the Content Provider, more specifically, have agreed to allow end users access to watch, listen to the Content Provider's content and/or material on the BB associated sites and any other domain BB may acquire;
d) The ultimate purpose of the promotional effort that BB carries out is for the marketing, distribution, sale and promotion of the Content Provider's content and/or material as specified in Art.2.
THIS DOCUMENT SETS THE TERMS AND CONDITIONS FOR THE USE OF THE BB SERVICES
Art. 1) - Premises
The above premises play an integral and essential part of this Terms and Conditions.
Art. 2) - Object of the Terms and Conditions
The object of this Terms and Conditions is bound to the rights related to all the content and/or the material transferred to BB by the Content Provider as specified below.
By submitting its content and material, such as video works, musical works, and/or other material such as pictures, video clips, live exhibitions and/or portions of live exhibitions, lyrics, biographies and/or any other related information, later to be referred to as the Work and/or Works, Content Provider grants BB, its successors, assigns, agents and distributors the rights of a non-exclusive world-wide license to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit the Works according to the formalities thereinafter specified.
The Works related to this Terms and Conditions must be fully stated and described in the electronic form
For this purpose, BB shall:
I) Copy the Works and issue, rent or lend those copies to the public; make adaptations of the Works and do any of the above in relation to such adaptations, only in so far as such adaptation is necessary for technical & promotional purposes to change the format of the Works to meet different digital data standards, for example (but without limitation) from their original format to Real Media, Windows Media, Apple Quick Time, MPEG 1/2/3/4 and any future audio/video and digital data format and compression format that will become available; incorporate the Works within other works such as tables, databases and video-compilations and any other promotional mean.
In any case BB cannot alter and/or separate the video content from the audio content and vice versa.
BB, at its sole discretion, shall publish the Works in its entirety or in part;
II) Use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit on behalf of the Content Provider, any pictures, logos, trade marks, service marks, trade names and likenesses, from now on referred to as the 'Marks', in connection with the publishing and for the purposes of promotion, marketing or merchandising, combined with BB brands and logos.
Content Providers accepts any adaptation of the Works made by BB necessary to guarantee the good functionalities of the publication and the use of the Marks in their integrity at BB discretion and for BB to use in its associated sites.
Art. 3) - Ownership
a) Content Provider owns and shall continue to own or control any and all rights of every type, for example, copyright, in the Works and Marks free from any claim of any third party. Content Provider shall, also, be able to give similar licenses to others, even during the period in which this Terms and Conditions is effective.
b) Where Content Provider does not already own or control the Works and the Marks, Content Provider shall obtain and transmit to BB - together with the Works - all releases, consents, assignments and licenses as necessary to enable BB to make the fullest possible use of the Works, the copyright and the Marks.
Content Provider must send to BB all copies of the licenses related to the Works included in Appendix A together with the Works.
c) Content Provider must immediately communicate BB any and all changes in the ownership of the Works and Marks by registered mail.
Content Provider must also immediately communicate to BB if the Works and Marks will not be available by any means to the Content Provider and any other event that may limit the right to use such Works and Marks by BB as well as any possible claim promoted by third parties against the use in any form of the Works and/or Marks.
The breach of any of the obligations of points a, b and c of this article, determine the right of the BB to immediately terminate the Terms and Conditions according to paragraph 1456 of the Italian Civil Code and the BB is awarded damages, while the Content Provider is not entitled to recover any damage.
In any case BB, at its sole discretion, reserves the right of publication of the Work/Works and Marks. BB is also entitled to suspend at its sole discretion the publication of the Work/Works at any time and/or in the case the ownership of the rights of the Works and/or Marks is not demonstrated or is under discussion: in any case Content Provider is not entitled to any damages for the interruption of the publication.
Art. 4) - Content Provider's Obligations
Content Provider declares and grants that:
a) The Works provided to BB do not infringe, partly or entirely, anybody's copyrights.
b) Content Provider is fully entitled to undersign this Terms and Conditions.
c) Content Provider may be supplied with a service access code (user ID and Password).
Such code is strictly personal and the Content Provider can never and in any case transfer such code to any other person and/or BB. Breach of such obligation implies the right of the BB to immediately terminate the Terms and Conditions according to Paragraph 1456 of the Italian Civil Code and is awarded the relevant damages.
The BB is not responsible for any misuse and/or abuse of such code.
Both in relation to the obligations as set forth in this article Content Provider is bound to assure and relieve the BB from any liability and/or damage that may be a consequence of the performance of this Terms and Conditions.
Art. 5) - Content Provider Works on the Internet
The BB will, at its sole discretion, publish, use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit the Works in order to promote the Content Provider to the public and make the Works available to the public.
Art. 6) Terms and Conditions of Submission of the Works
All supports containing the Work/Works delivered to BB must be Copies of the Original Masters and marked as Copy.
BB will not be responsible and liable for any Original Master and/or any support received and not marked as Copy.
When duplicating the Work/Works, Content Provider must use the most high quality support/format available. The accepted supports/formats are: DVD Data (MPEG 1/2 or .avi files format), DVD video.
All materials should be mailed to bitebay.com address.
Video material submitted for inclusion in any BB service may experience a loss in quality due to encoding duplication, data compression and/or editing. Content Provider warrants that will not hold the BB liable for a drop in quality of the material submitted for inclusion in any BB publication.
BB is not responsible in any way for the storage of the supports containing the Work/Works.
All the supports containing the Work/Works and all material shipped to BB will not be returned in any case.
Art. 7) - Terms of the Terms and Conditions & Termination
This Terms and Conditions and Terms and Conditions are to be considered valid until the '─˙Content Provider'─? doesn'─˘t communicates in writing to bitebay.com his will of termination.
Art. 8) Liability
a) Content Provider agrees to indemnify and hold the BB, its successors, affiliates, assignees, agents, distributors, licensors and licensees, free from any claim, demand, liability, cost and expense (including reasonable attorney's fees) that arise out of, or result from or is inconsistent with any warranties made by Content Provider in this Terms and Conditions.
In no event will the BB be liable for incidental, consequential, special, direct or indirect damages. Without limitation of the foregoing it is agreed that BB will have no liability whatsoever for furnishing to the Content Provider a link between the BB owned and/or affiliated web sites and Content Provider's web site, if any.
b) BB will not be liable in any case for the malfunctioning and/or any interruption of the publishing and loss of quality in the Works and partial data transmission due to malfunctioning of the global broadcast streaming networks or its third party data transmission service providers. The publication will be restored depending on the data transmission service provider conditions.
c) BB will not be liable in any case for malfunctioning and/or any interruption of the publication and loss of quality in the Works and partial data transmission due to malfunctioning of the end user terminal modem and/or any other form of user connection to the internet and the global internet networks.
d) BB shall not be liable for:
I) any delay in respect of uploading, upgrading, price changes, or payments;
II) in tort, contract, negligence, copyright or otherwise arising out of or in connection with this Terms and Conditions for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
III) for any loss of goodwill or reputation;
IV) for any loss or damage including without limitation in direct damages (unless such losses were expressly within the BB contemplation at the date of this Terms and Conditions), consequential loss, or loss of profits.
e) Neither Party shall be liable in respect of any breach of this Terms and Conditions caused by acts of God, including but not limited to terrorism or any dispute, fire, accident, civil commotion, government action, failure of power supply, network failure, lock out, strike, default or failure of subcontractor or supplier.
f) Content Provider acknowledges that the Content Provider itself is responsible for whatever material the Content Provider submits, and the Content Provider, not the BB, has full responsibility for the message, including its legality, reliability, appropriateness, parental advisory, originality and copyright included in the Works, Marks and/or included in part of the Work/Works and Marks themselves.
g) Content Provider acknowledges that this Terms and Conditions covers the BB'─˘s provision of publication, therefore the BB bears no responsibility regarding the content of the Works and Marks delivered by the Content Provider and also bears no responsibility should an infringement of intellectual property rights or of law occur.
The BB in any case reserves the right to suspend all publications of the Work in the presence of a third party contestation due to Content Provider'─˘s copyright and intellectual property infringement. The publication will be restored once the Content Provider will provide the BB with the proper documentation in relation of the Works and Marks ownership.
For these cases of suspension of the publication the Content Provider will not pretend any indemnification.
h) BB will not be liable in any case for the storage of the supports containing the Work/Works as consequence of the fact that such supports are only copies of the original masters as stated in Art.6.
Art. 9) Sub-assignment of rights
The BB may assign or sub-contract to third parties all and/or parts of the Works, the rights and obligations under this Terms and Conditions.
This does not affect Content Provider rights of termination under Art.7 of this Terms and Conditions and the BB shall remain primarily liable to the Content Provider solely for the BB obligations contained in this Terms and Conditions until such third party assignee enters into a direct covenant with the Content Provider in respect of such obligations.
Art. 10) Privacy and Personal Information (Law n. 675/96)
The BB will collect and archive all the Content Provider personal and commercial information related to this Terms and Conditions, the Works and the Marks and is allowed to use such information for the following:
a) for fiscal and tributary obligations;
b) to send technical communications to the customers;
c) to send commercial information to customers;
The nature of the assignment of the rights of the information included in paragraph a, b and c is mandatory in order to accomplish law obligations for the execution of the Terms and Conditions hereof.
All information shall be used and communicated to other companies related to BB for the purposes hereof.
All of the information collected, selected and recorded via electronic format shall and will be used by the terms hereof.
Art. 11) - Conclusion of the Terms and Conditions
The language of this Terms and Conditions shall be construed as a whole according to its fair meaning and shall not be strictly construed for or against either of the Parties.
This shall constitute the entire Terms and Conditions between the Parties and no variation of this Terms and Conditions shall be effective unless in writing and signed by both Parties.
Appendix A is in full part of this Terms and Conditions.
The Bitebay.com staff