(B) Changes to Terms of Service. SBTB may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of SalsaByTheBay.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. SBTB may change or discontinue any aspect, service or feature of SalsaByTheBay.com at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of SalsaByTheBay.com and all charges related to the same.
2. Community Guidelines & User Content
(A) Interactive Areas. SalsaByTheBay.com may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk.
By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on SalsaByTheBay.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and SalsaByTheBay.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with SalsaByTheBay.com, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without Salsa By The Bay’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any Salsa By The Bay employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about SalsaByTheBay.com users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt SalsaByTheBay.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of SalsaByTheBay.com, use of SalsaByTheBay.com, or access to SalsaByTheBay.com;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Salsa By The Bay, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on SalsaByTheBay.com;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by SalsaByTheBay.com;
Any conduct that in Salsa By The Bay’s sole discretion restricts or inhibits anyone else from using or enjoying SalsaByTheBay.com will not be permitted. SBTB reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. SBTB is not responsible for User Content submitted to SalsaByTheBay.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of SalsaByTheBay.com.
(C) Monitoring. SBTB shall have the right, but not the obligation, to monitor User Content posted or uploaded to SalsaByTheBay.com to determine compliance with these Terms of Service and any operating rules established by SBTB and to satisfy any law, regulation or authorized government request. Although SBTB has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to SalsaByTheBay.com, SBTBreserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to SBTB.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to SalsaByTheBay.com, you automatically grant Salsa By The Bay, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant SBTB the right to pursue at law any person or entity that violates your or SBTB’s rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by SBTB or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release SBTB, and its licensees, successors and assigns, from any claims that you could otherwise assert against SBTB by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
3. Copyright Ownership.
SalsaByTheBay.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SalsaByTheBay.com are copyrighted as a collective work under the United States copyright laws. SBTB owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SBTB and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
SBTB is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of SalsaByTheBay.com, are those of the respective author(s) or distributor(s) and not of SBTB. Neither SBTB nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through SalsaByTheBay.com represents the opinions and judgments of the respective user or information provider not under contract with SBTB. SBTB neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SalsaByTheBay.com by any third party. Under no circumstances will SBTB be liable for any loss or damage caused by your use or reliance on information obtained through SalsaByTheBay.com. SBTB is not responsible for any actions or inaction on your part based on the information that is presented on SalsaByTheBay.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SalsaByTheBay.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions
Salsa By The Bay may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SBTB, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. SBTB is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF SALSABYTHEBAY.COM IS AT YOUR SOLE RISK. NEITHER SALSABYTHEBAY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SALSABYTHEBAY.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SALSABYTHEBAY.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SALSABYTHEBAY.COM.
(B) SALSABYTHEBAY.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) SALSABYTHEBAY.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON SALSABYTHEBAY.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SALSABYTHEBAY IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN SALSABYTHEBAY.COM.
(D) NEITHER SALSABYTHEBAY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) IN NO EVENT WILL SALSABYTHEBAY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SALSABYTHEBAY.COM OR THE SALSABYTHEBAY.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SALSABYTHEBAY.COM.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SALSABYTHEBAY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SALSABYTHEBAY.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER SALSABYTHEBAY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(G) SBTB disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing SalsaByTheBay.com, you acknowledge and agree to SBTB’s disclaimer of any such liability. If you do not agree, you should not access or use SalsaByTheBay.com.
You agree to defend, indemnify and hold harmless SBTB, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of SalsaByTheBay.com by you or your Account.
SBTB may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, SBTB shall have the right to immediately terminate your Account in the event of any conduct by you which SBTB, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.
Salsa By The Bay, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on SalsaByTheBay.com are the property of their respective owners.
These Terms of Service and any operating rules for SalsaByTheBay.com established by SBTB constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of SBTB, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
11. Copyrights and Copyright Agent.
SBTB respects the rights of all copyright holders and in this regard, SBTB has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SBTB’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Salsa By The Bay
641 S 11th St #1
San Jose, CA 95112
Phone: (404) 345-5374
We can also be reached at the above for any questions pertaining to reprinting, licensing, and all other issues related to SalsaByTheBay.com.