terms and conditions
Please read the following Terms carefully before using the Hot Salsa Interactive Website, located at www.hotsalsainteractive.com, as well as any online features, services and/or programs offered by Hot Salsa Interactive (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of Hot Salsa Interactive. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you without charge as a convenience and for your information only. By merely providing access to the Website, Hot Salsa Interactive LLC (“Hot Salsa Interactive”) does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) Hot Salsa Interactive has any obligations to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Hot Salsa Interactive. At any time, we may, without further notice, make changes to the Website, to these Termsand/or to the services described in these Terms. We will make an effort to update this web page with any changes to these Termsand/or to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Website, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password, User Account information and credit card information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, User Account information and credit card information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password, User Account information and credit card information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Hot Salsa Interactive of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Hot Salsa Interactive has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then Hot Salsa Interactive has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
4. DISCLAIMERS
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. if you purchase any products from Hot Salsa Interactive, the warranty applicable to that product (if any) will be set forth in the license agreement entered into at the time of payment. Hot Salsa Interactive PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Hot Salsa Interactive DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Hot Salsa Interactive WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS Hot Salsa Interactive OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF Hot Salsa Interactive, Hot Salsa Interactive’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED BY Hot Salsa Interactive WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless Hot Salsa Interactive and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Hot Salsa Interactive, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. Hot Salsa Interactive’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE WILL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH Hot Salsa Interactive. IN NO EVENT WILL Hot Salsa Interactive BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS Hot Salsa Interactive’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Hot Salsa Interactive’s Privacy Policy. Children under the age of thirteen (13) are prohibited from submitting any personally identifiable information.
7. THIRD PARTY CONTENT.
(a) Hot Salsa Interactive may provide hyperlinks to other Websites maintained by third parties, or Hot Salsa Interactive may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER Hot Salsa Interactive’S CONTROL AND Hot Salsa Interactive IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Hot Salsa Interactive. In most cases, Hot Salsa Interactive is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, Hot Salsa Interactive’s Content; (ii) may not create a browser, border environment or frame Hot Salsa Interactive’s Content; (iii) may not imply that Hot Salsa Interactive is endorsing it or its products or services; (iv) may not misrepresent its relationship with Hot Salsa Interactive; (v) may not present false or misleading information about Hot Salsa Interactive’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
8. USER CONTENT.
(a) Hot Salsa Interactive does not control the Content posted by users of the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. THE CONTENT POSTED BY ANY USER OF THE WEBSITE IS NOT UNDER Hot Salsa Interactive’S CONTROL AND Hot Salsa Interactive IS NOT RESPONSIBLE FOR SUCH CONTENT. IF YOU DECIDE TO ACCESS ANY OF THE CONTENT OF OTHER USERS OF THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) You agree to not use the Website to: (i) upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Hot Salsa Interactive official, employee or host; (iv) falsely state or otherwise misrepresent your affiliation with any person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website; (vi) upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure or confidentiality agreement); (vii) upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (viii) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (ix) upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (x) interfere with or disrupt the Website or any of the servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (xi) intentionally or unintentionally violate any applicable local, state, national or international law; (xii) “stalk” or otherwise harass another; or (xiii) collect or store personal data about other users.
(c) You acknowledge that Hot Salsa Interactive does not pre-screen Content, but that Hot Salsa Interactive and its designees will have the right (but not the obligation) in their sole discretion to refuse, move and/or remove any Content that is available on or through the Website. Without limiting the foregoing, Hot Salsa Interactive and its designees will have the right to remove any Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Hot Salsa Interactive or submitted to Hot Salsa Interactive.
(d) You acknowledge and agree that Hot Salsa Interactive may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of any third parties; or (iv) protect the rights, property or personal safety of Hot Salsa Interactive, its users and/or the public.
9. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are Hot Salsa Interactive’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Hot Salsa Interactive is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Hot Salsa Interactive, or its subsidiaries or affiliates, that may be referred to on the Website are the property of Hot Salsa Interactive, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Hot Salsa Interactive’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without Hot Salsa Interactive’s prior written permission. Hot Salsa Interactive aggressively enforces its intellectual property rights. Neither the name of Hot Salsa Interactive, its subsidiaries or affiliates, nor any of Hot Salsa Interactive other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Hot Salsa Interactive’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7(b) above may use the name “Hot Salsa Interactive” in or as part of that link.
10. LOCAL LAWS. Hot Salsa Interactive makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Hot Salsa Interactive is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflict of laws principles. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
11. AVAILABILITY. Information that Hot Salsa Interactive publishes on the Website may contain references or cross-references to products, programs or services of Hot Salsa Interactive, its subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that Hot Salsa Interactive, or any of its subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact Hot Salsa Interactive for information regarding the products, programs and services that may be available to you, if any.
12. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password.
13. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Hot Salsa Interactive, to the business of the Website’s Internet service provider, or to other information providers.
14. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted will be subject to the Hot Salsa Interactive Website Privacy Policy.
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by e-mail info@hotsalsainteractive.com