TERMS OF USE

These Terms of Use were last revised on November 20, 2012.

Salsa Bachata Online, a Nevada corporation ("SBO"), provides the salsabachataonline.com site and related services subject to your compliance with the terms and conditions set forth below.  Your use of salsabachataonline.com signifies your acknowledgement of and agreement to these Terms of Use. 

1. WEBSITES

1.1       These Terms of Use apply to all users of the website salsabachataonline.com and any other affiliated websites owned or controlled by SBO (collectively "salsabachataonline.com"). The term "users" includes both registered members of salsabachataonline.com and any other person that accesses salsabachataonline.com at any point for any amount of time. 

1.2       SBO has established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address:

http://www.salsabachataonline.com/privacypolicy

Your use of salsabachataonline.com signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that SBO may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the terms of use, or respond to claims from third-parties.

1.3       Subscription/Fee Based Services. Certain of the services made available on salsabachataonline.com may be offered by SBO on a payment basis (a "Pay Service"). Pay Services may be offered by SBO on a prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register and you will be assigned an account for such Pay Service (the "Pay Service Account"). You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant SBO invoice, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services). All Fees are non-refundable. Upon advance notice to you, SBO reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees. SBO reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time upon non-payment of fees, including without limitation, where SBO has determined, in its sole discretion, that your use of the Pay Service is, or was in breach of these Terms of Use. Any such termination by SBO shall be in addition to and without prejudice to such rights and remedies as may be available to SBO, including injunction and other equitable remedies.

1.3       Salsabachataonline.com may contain links to third party websites that are not owned or controlled by SBO. SBO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.  In addition, SBO will not and cannot censor or edit the content of any third-party site. You expressly relieve SBO from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the salsabachataonline.com website and to read the terms and conditions and privacy policy of other websites that you visit.

2. INTELLECTUAL PROPERTY INFORMATION

2.1       All content on the salsabachataonline.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SBO. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through salsabachataonline.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

2.2       Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SBO.

2.3       You further agree not to reproduce, duplicate or copy Content from salsabachataonline.com without the express written consent of SBO, and agree to abide by any and all copyright and other legal notices displayed on salsabachataonline.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in salsabachataonline.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of salsabachataonline.com.

3. WARRANTY DISCLAIMER

3.1       THIS SITE, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS, OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

3.2       SBO, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

3.3       Although SBO attempts to ensure the integrity and accurateness of salsabachataonline.com, it makes no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that salsabachataonline.com could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform SBO so that it can be corrected.

4. WEBSITE ACCESS

4.1       SBO grants you a limited, revocable, nonexclusive license to access salsabachataonline.com for your own personal use.

4.2       In order to access some features of salsabachataonline.com, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SBO immediately of any breach of security or unauthorized use of your account. Although SBO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SBO or others due to such unauthorized use.

4.3       You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that accesses salsabachataonline.com. You agree not to collect or harvest any personally identifiable information, including account names, from salsabachataonline.com, nor to use the communication systems provided by salsabachataonline.com for any commercial solicitation or illegal or improper purposes.

4.4       Notwithstanding the foregoing, SBO grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. SBO reserves the right to revoke these exceptions either generally or in specific cases.

4.5.      Termination of Service: You agree that SBO, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of salsabachataonline.com (or any part thereof), immediately and without notice, and remove and discard any content within salsabachataonline.com, for any reason, including, without limitation, if SBO believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that SBO shall not be liable to you or any third-party for any termination of your access to salsabachataonline.com. Further, you agree not to attempt to use salsabachataonline.com after said termination.

5. THIRD PARTY SUBMISSIONS / INTERACTIVE FEATURES

5.1       The salsabachataonline.com website may permit the submission of text, audio, video, or other content submitted by you and other third parties ("Third Party Submission(s)") and the hosting, sharing, and/or publishing of such Third Party Submissions.

5.2       Third Party Submissions include, but are not limited to, video submissions, profile submissions, comment postings, forum postings, and any other interactive area of salsabachataonline.com.

5.3       By posting, submitting or uploading Third Party Submissions to any area of salsabachataonline.com, you automatically grant, and you represent and warrant that you have the right to grant, to SBO an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submissions and to prepare derivative works of, or incorporate into other works, said Third Party Submissions, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to salsabachataonline.com, you automatically grant SBO all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submissions by any party for any purpose.

5.4       You acknowledge that the interactive features on salsabachataonline.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to salsabachataonline.com. SBO cannot guarantee the security of any information you disclose through salsabachataonline.com.  You make such disclosures at your own risk.

5.5       By posting Third Party Submissions to salsabachataonline.com or by using a forum, blog, commenting feature, or other interactive area of the website, you specifically agree to comply with each of the following:

(a)        You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.

(b)        If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.

(c)        You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to SBO any required terms.

(d)       You will not post or transmit any material that is false, deceptive, misleading, or deceitful.

(e)        You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.

(f)        You will not post or transmit any material that deceptively impersonates any person or entity.

(g)        Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.

(h)        You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly answers a user's question.

  1. You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.

(j)         You will not post or transmit any content that is intended to promote or commit an illegal act.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

5.6       When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to salsabachataonline.com on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access salsabachataonline.com to facilitate posting Third Party Submissions on behalf of others, except with express written permission from SBO.

5.7       SBO reserves the right to modify or discontinue, temporarily or permanently, its website, including its interactive features, blogs, forums, comments (or any part thereof) with or without notice at any time. You agree that SBO shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.

5.8       You are and shall remain solely responsible for any and all Third Party Submissions you make through salsabachataonline.com. You acknowledge that any information you disclose through salsabachataonline.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on salsabachataonline.com. Any such disclosures are at your own risk.

5.9       SBO does not prescreen Third Party Submissions submitted and SBO has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, blogs, comments and forums, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. SBO may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any salsabachataonline.com forum.

5.10     Account registration and verification may be required in order to access an interactive area or otherwise post Third Party Submissions. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to salsabachataonline.com, you are required to update that information immediately.

5.11     If you post Third Party Submissions on  salsabachataonline.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify SBO of any unauthorized uses of your account or any other breaches of security. SBO will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

5.12     You must not describe or assign keywords to your Third Party Submissions, including videos, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SBO may change or remove any description or keyword that it considers inappropriate or unlawful in SBO's sole discretion.

6. LIMITS ON THIRD PARTY SUBMISSIONS - DIGITAL MILLENNIUM COPYRIGHT ACT

6.1       You understand that when using the salsabachataonline.com website, you will be exposed to Third Party Submissions from a variety of sources, and that SBO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SBO with respect thereto, and agree to indemnify and hold SBO, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6.2       SBO does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and SBO expressly disclaims any and all liability in connection with Third Party Submissions.

6.3       SBO does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SBO will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. SBO reserves the right to remove Content and Third Party Submissions without prior notice.

6.4       If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SBO's designated Copyright Agent to receive notifications of claimed infringement is:

SBO
Attn: Copyright Agent
1930 Village Center Circle #3-614
Las Vegas, NV 89134
copyright@salsabachataonline.com

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

6.5       Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, salsabachataonline.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at salsabachataonline.com sole discretion.

7. Indemnity

7.1       You agree to defend, indemnify and hold harmless SBO, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

(a)        your use of and access to the salsabachataonline.com website;

(b)        your participation in any interactive area of the salsabachataonline.com website including the forums, videos, and comment sections and any material posted by you thereto.

(c)        your violation of any term of these Terms of Service;

(d)       your violation of any third party right, including without limitation any copyright, property, or privacy right;

(e)        your violation of any law, rule or regulation of the United States, any state, or any other country;

(f)        any claim that one of your Third Party Submissions or a Third Party Submission posted using your account caused damage to another third party.

(g)        any other party's access and use of salsabachataonline.com with your account.

7.2       This defense and indemnification obligation will survive these Terms of Service and your use of the salsabachataonline.com website.

8. Governing Law / Disputes

8.1       You agree that the salsabachataonline.com website shall be deemed solely based in the State of Nevada;

8.2       The salsabachataonline.com website shall be deemed a passive website that does not give rise to personal jurisdiction over SBO, either specific or general, in jurisdictions other than Nevada.

8.3       Governing Law / Jurisdiction: These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws.  If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect.  These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum. 

8.4       Disputes: Any dispute, claim or controversy arising out of or relating to the salsabachataonline.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their attorney's fees and expenses.

8.5       Damages: We will not be liable for any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the salsabachataonline.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss).

9. Assignment / Modification

9.1       Assignment: These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SBO without restriction.

9.2       Modification: We reserve the right to amend these terms and conditions at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. Your continued use of  salsabachataonline.com after any such changes constitutes your acceptance of the new Terms of Use.  If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) salsabachataonline.com

10. Ability to Accept Terms of Service

You hereby declare, represent and warrant that you are over eighteen (18) years of age, or that you are an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. salsabachataonline.com is not intended for use of children under thirteen (13) years old. Children under thirteen (13) years of age are hereby explicitly prohibited from using the salsabachataonline.com website.

11. Consent

By using salsabachataonline.com in any way you are agreeing to comply with these Terms of Use. In addition, when using a particular salsabachataonline.com service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with salsabachataonline.com in any way, your only recourse is to immediately discontinue your use of salsabachataonline.com.