HotSalsaZone Terms and Conditions
1. Introduction.
This Agreement is a legal document which sets out your rights and obligations, and those of HotSalsaZone.com ("HotSalsaZone", "we" or "us"), in relation to this site and the services offered by HotSalsaZone through it (the "HotSalsaZone Service"). You must take the time to read and understand it, before registering for the HotSalsaZone Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to the HotSalsaZone Service who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access the HotSalsaZone Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
2 Types of membership.
People who register for the HotSalsaZone Service become "Members". They must be at least 18 years of age. The Membership divides between those who decide to pay the fee we may charge to become what we call a "Full Member", and those who do not ("Standard Members").
Standard Members:
- may register and maintain their personal details and profile;
- may receive messages which can be viewed on the site;
- may view messages, message boards, chat channels, photo galleries and events; and
- Will receive emails they opt to
receive during the Registration process (as added to, or de-selected,
subsequently); each email will give the Member an opportunity to opt-out of
receiving future emails of that type.
In addition, Full Members may:
- send messages to both Full and Standard Members;
- post to any message boards and chat channels which may be available on the HotSalsaZone Service;
- upload a profile image; and
- add events.
We are not an internet service provider, however. In order to avail of the HotSalsaZone Service, you must have internet access and all the software (and skills) required for email and web usage.
3 Important Note:
Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee that may be chargeable, you are agreeing to take the Full Membership we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Full Membership during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000. The Full Membership fee has two components:
Thus, for example, if you pay a Full Membership fee of GBP12.00, your contact fee is GBP11.50, and your subscription fee is GBP0.50; where you pay Full Membership fee of GBP15.00, your contact fee is GBP14.50, and your subscription fee remains GBP0.50.
The Full Membership fee will be communicated to you when you sign up for Full Membership.
If you wish to continue your Full Membership after the expiry of your twelve month subscription period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 8 or Clause 9 below, will not affect your then-current Full Membership.
4. Registration.
You undertake to register for the HotSalsaZone Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the HotSalsaZone Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
5 Privacy policy.
HotSalsaZone's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the HotSalsaZone Service (including any which contain personal information) is, of course, accessible to internet users around the world.
6 HotSalsaZone's Role.
You, whether you are a Member or just a non-Member who visits the HotSalsaZone Service, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on the HotSalsaZone Service or outside of it. We only provide a venue where the HotSalsaZone Service may be accessed. In particular, you should be aware that HotSalsaZone does not pre-screen or monitor the material contributed by Members.
7 Additional services.
HotSalsaZone or its affiliates may offer new or additional services through the HotSalsaZone Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.
8 Operation of HotSalsaZone Services.
HotSalsaZone reserves the right to withdraw or modify one or more aspects of the HotSalsaZone Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the HotSalsaZone Service becomes inaccessible as a result of technical difficulties experienced by HotSalsaZone or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Full Membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the HotSalsaZone Service, except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to the HotSalsaZone Service.
9 Misuse of HotSalsaZone Service.
We reserve the right (a) to suspend or terminate any Member's access to the HotSalsaZone Service, or parts of it, and/or (b) to remove, edit, or require the Member to remove, edit, material posted on the HotSalsaZone Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the HotSalsaZone Service without our prior consent. You are responsible for everything which is done on or through the HotSalsaZone Service while your Membership account is logged on to the HotSalsaZone Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the HotSalsaZone Service, or parts of it, if the relevant Member is abusive, discriminatory or threatening to, harasses or communicates offensive messages or images to another Member, whether or not through the HotSalsaZone Service.
10 Relevance.
The HotSalsaZone Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:
- include an email address, postal address, phone number, the address of any website, or any other information which is intended to facilitate direct communication, in material which is posted on the HotSalsaZone Service - Full Members, and the recipients of their emails, can share this information, should they wish, once direct contact has been made;
- place material on, or otherwise use, the HotSalsaZone Service for any business or commercial purpose; or
- use your access to the HotSalsaZone Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant HotSalsaZone Service.
(ii) Fees paid by a Full Member will not be rebated or refunded by HotSalsaZone, except as follows. If, under Clause 8 above, we entirely withdraw an aspect of the HotSalsaZone Service for which you have subscribed, or the entirety of the HotSalsaZone Service itself, then you may be entitled to a rebate of your Full Membership fee for the remainder the twelve month period to which that fee relates; but no part of the contact fee (as described in Clause 3(1) above) will be rebated to a Full Member under any circumstances if the Full Member has sent one (or more) email/chat messages or added one (or more) events/galleries/forums through the HotSalsaZone Service during the period to which the Full Membership fee relates, irrespective of whether the recipient email address is a legitimate address or the recipient sends any reply. No rebate of any part of the Full Membership fee will be payable under any circumstances, other than as provided in this Clause 11(ii).
We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
12 Prohibitions.
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the HotSalsaZone Service, nor any activity or communication you make in connection with any HotSalsaZone Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.
13 Alerting HotSalsaZone.
If you see anything on the HotSalsaZone Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Contact Us" function. We do not generally monitor material contributed by Members before it is placed on the HotSalsaZone Service, and so we are reliant upon users to point out any which infringes this Agreement.
14 Withdrawal of material and Termination of Membership.
Each Member acknowledges that we are entitled to withdraw any material on the HotSalsaZone Service which appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the HotSalsaZone Service into disrepute. However, each user acknowledges that we do not monitor material which appears on the HotSalsaZone Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the HotSalsaZone Service.
15 Disclaimer and Release.
HotSalsaZone has no control over or responsibility for the truth or accuracy of any material available on the HotSalsaZone Service, whether provided by Members or others.
- If any third party sites are linked to from the HotSalsaZone Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on the HotSalsaZone Service than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
- Your use of the HotSalsaZone Service is entirely at your own risk.
Accordingly, to the extent that the law permits, you release HotSalsaZone, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising out of your use of a third party site or arising out of or in connection with the HotSalsaZone Service and the material included here by Members and other third parties.
16 Intellectual Property.
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the HotSalsaZone Service (including the material which is contributed by Members) are owned by HotSalsaZone. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the HotSalsaZone Service, or any of the material which is found on the HotSalsaZone Service unless properly licensed to do so by us.
By submitting any material to the content to the HotSalsaZone Service, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
17 Excluded loss.
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). HotSalsaZone will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18 Maximum liability.
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of HotSalsaZone under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £5, or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.
19 Non-excluded Liabilities.
Nothing in this Agreement limits HotSalsaZone's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
20 Indemnity.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the HotSalsaZone Service.
21 Assignment.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of HotSalsaZone assign or dispose of this Agreement.
22 Entire Agreement.
This Agreement includes our privacy policy . Together they contain the whole of the agreement between us and you concerning the HotSalsaZone Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
23 Changes to this Agreement.
HotSalsaZone reserves the right to change this Agreement from time to time, and post the new version on the HotSalsaZone Service. When we do so, we will notify you of the fact that there are changed terms on the main screen (www.hotsalsazone.com). The new version of these terms and conditions will take effect, and will govern all HotSalsaZone Services and your relationship with HotSalsaZone:
- commencing four weeks after the date of posting (or such later date as HotSalsaZone indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the HotSalsaZone Service; or
- immediately upon the date of posting (or such later date as HotSalsaZone indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of HotSalsaZone's addresses or email addresses referred to in this Agreement.
24 Severability.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
25 Law.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
26 Keeping this Agreement.
We don't separately file the individual Agreements entered into by members when they register for the HotSalsaZone Service. You can access it at www.hotsalsazone.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
27 Contact.
You can contact us via the “Contact Us” function.
Please ensure you include your email address with all correspondence.