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Terms of Service
Welcome to Salsahook.com. The following are the rules ("Terms") that govern use of the Salsahook.com Web site (the "Site"). By accessing, browsing, crawling, scraping or in any way using the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Salsahook.com ("Salsahook") reserves the right to change these Terms at any time, effective immediately upon posting on the Site. If you are unwilling to be bound by the Terms of Service, do not access or use the Site.
Definitions. A "User" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site, including but not limited to you and others who may read or write reviews about local businesses listed on the Site. The "Services" means the services and functionality made available to Users on the Site. "Content" means information, compilations, communications, images, photographs, graphics, audio, and videos. "Your Content" means Content that you submit, post, or transmit to, or using, the Site, including but not limited to the ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include personally identifiable information that you submit when creating an account on the Site (which personal information is subject to our Privacy Policy). "User Content" means the Content that any User of the Site may submit, post, or transmit to, or using, the Site, including but not limited to Your Content. "Salsahook.com Content" means Content that is created by Salsahook.com! Inc. ("Salsahook.com") and made available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Salsahook.com or the Users, including but not limited to data providers who license data to Salsahook.com for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Salsahook.com Content. Permitted Use USE VOID WHERE PROHIBITED Registering with Salsahook.com My Salsahook Account Use of the Site. Subject to the restrictions set forth herein, Salsahook.com grants you permission to access and use the Services, including but not limited to the ability to: (a) search for local business and services, (b) read, write, and share reviews about local businesses, (c) announce local or international events, (d) post messages on talk boards, (e) send messages to other Users, and (f) invite people you know to register with Salsahook.com. More broadly speaking, the Site allows Users to submit, post, and transmit reviews, ratings, messages, invitations, commentary, photographs, and other types of User Content. You will be exposed to User Content and Third Party Content. You understand that User Content and Third Party Content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Salsahook.com does not endorse User Content or Third Party Content, including but not limited to the opinions, recommendations, or advice expressed therein. Restrictions on Use. You agree that you will not (and will not permit others to): use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with a User's enjoyment of the Site; use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; use the Site for promotional or commercial purposes, unless expressly allowed to do so by Salsahook.com; use the Site in a manner that creates the appearance of a conflict of interest, including trading reviews with other business owners and writing or soliciting shill reviews; use the Site to promote bigotry or discrimination against protected classes; use the Site to violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; use the Site to transmit or post illegal materials, including material that is pornographic or obscene; use the Site in connection with the solicitation of personal information from minors; use the Site in violation of the Terms of Service or any applicable local, state, national or international law; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works of, publicly display, sell, trade, or in any way exploit the Site, the Services, or any of the Site Content (other than Your Content), except as expressly authorized by Salsahook.com; reverse engineer any portion of the Site; remove any copyright, trademark or other proprietary rights notices contained on the Site or in any Site Content; collect or record information about Users; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any Site Content or information from the Site; access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews; reformat or frame any portion of the Site; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Salsahook.com's technology infrastructure; or attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Services or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site. Posting Reviews on Salsahook.com Reviews are not endorsed by Salsahook.com Salsahook does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. Licenses. You hereby grant Salsahook.com and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, fully sublicensable, and fully transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform, and otherwise exploit Your Content for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels now known or later developed ("Downstream Distributions"). You also hereby grant Users and users of any Downstream Distributions a non-exclusive license to access, use, reproduce, distribute, display, and perform Your Content for their personal, noncommercial use in connection with their use of the Site and any Downstream Distributions, as expressly permitted by the functionality of the Site and any applicable Downstream Distribution, and the Terms of Service and terms of use of any applicable Downstream Distribution. In addition, you grant Salsahook.com, its affiliates, and their respective sublicensees the right to associate and display your account name with Your Content. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content. Responsibility for Your Content. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You hereby affirm, represent, and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Salsahook.com to use, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Salsahook.com. Because you alone are responsible for Your Content (and not Salsahook.com), you may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Use of Your Content. Salsahook.com makes no representations that it will publish or otherwise use Your Content in any way. Salsahook.com may or may not use Your Content in its sole discretion. You understand that Salsahook.com does not guarantee any confidentiality with respect to Your Content. Salsahook.com has no obligation to store or provide you with copies of Your Content. Salsahook.com reserves the right (but has no obligation) to remove or suppress User Content from the Site at its sole discretion for any or no reason and without notice or liability of any kind, including without limitation, the suppression or removal of User Content that Salsahook.com deems untrustworthy or in violation of the Terms of Service or guidelines for reviews, photos, or talk threads. Salsahook.com and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and any Downstream Distributions. You agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Links and Search Results Business/Event listings located on Salsahook are selected for display in search results based primarily on their content in relation to the user-provided search terms. Consequently, both customer and non-customer listings will be included in a search results list, and Salsahook will not discriminate based on whether a business is a customer with regard to placement or inclusion in the business listings. Salsahook customers do not pay to be included in certain search result listings or to retain a specific ranking. However, due to the fact that Salsahook customers typically provide more content relative to their non-customer counterparts (e.g., in the form of offers, business biographies, etc.), it is possible that Salsahook customers will be displayed at a higher ranking in a search results page. Salsahook customer listings may be rotated within the search results due to a number of factors, none of which are determined by paid inclusion or paid placement. Thus, such variable placement of Salsahook customers is not intended to displace non-customer search results placement or inclusion. Indeed, non-customers with a good deal of quality content could appear higher on search result returns than Salsahook customers. Offline Conduct Access and Interference Unauthorized Use of the Site Children Violation of the Terms DISCLAIMERS Salsahook disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Salsahook users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. Salsahook is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Salsahook at legal@Salsahook.com. Salsahook may investigate the claim and take appropriate action, at its sole discretion. LIMITATION ON LIABILITY Copyright Dispute Policy. Salsahook.com has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). It is Salsahook.com's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those who Salsahook.com determines to be "repeat infringers". Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to us detailing the alleged infringement. Your written notification must include: Identification of the copyrighted work that you claim has been infringed; Identification of the content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Salsahook.com to locate such content on the Site; A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to us including the following: Identification of the content that was removed, and the location on the Site where it would have been found prior to its removal; A statement under penalty of perjury that you have a good faith belief that the content was removed as a result of a mistake or misidentification; A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Salsahook.com is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address). Content Feeds Salsahook.com makes some of the Site Content (the "Feed Content") available via Real Simple Syndication and Atom feeds (the "Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog, provided that (a) your use of the Feeds is for personal, non-commercial purposes only, (b) your display of the Feed Content links back to the relevant pages on the Site and attributes Salsahook.com as the source of the Feed Content, (c) your use or display of the Feed Content does not suggest that Salsahook.com promotes or endorses any third party causes, ideas, web sites, products or services, (d) you do not redistribute the Feed Content, and (f) your use of the Feeds does not overburden Salsahook.com's systems. Salsahook.com reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact our business development team through our contacts page here to inquire about other possible uses of the Feeds. Availability of Service Salsahook.com reserves the right (but is under no obligation) to modify, update, or discontinue the Site or any of the Services at its sole discretion, at any time, for any or no reason, and without notice or liability. Unauthorized Access Salsahook.com reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use. Investigations Salsahook.com, in its sole discretion, may (but has no obligation to) monitor or review the Services and Site Content at any time. If Salsahook.com becomes aware of any possible violations by you of the Terms of Service or any law or third party right, Salsahook.com reserves the right to investigate such violations. If, as a result of such investigation, Salsahook.com believes that criminal activity has occurred, Salsahook.com reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, Salsahook.com is entitled to disclose any information or Site Content, including Your Content, in Salsahook.com's possession in connection with your use of the Services to (i) comply with applicable law, legal process or governmental request, (ii) enforce the Terms of Service, (iii) respond to any claims that Your Content violates the Terms of Service or any law or third party right, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of Salsahook.com, its Users or the public, and law enforcement or other government officials, as Salsahook.com in its sole discretion believes to be necessary or appropriate. Ownership Salsahook.com owns the Salsahook.com Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. Salsahook.com also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the "IP Rights") associated with the Salsahook.com Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Salsahook.com Content in whole or in part except as expressly authorized by Salsahook.com. Except as expressly and unambiguously provided herein, Salsahook.com does not grant you any express or implied rights, and all rights in and to the Site and the Salsahook.com Content are retained by Salsahook.com. Third Parties. The Site Content may include links to other websites (the "Third Party Sites"). Salsahook.com does not control or endorse any Third Party Site, and you agree that Salsahook.com is not responsible for the availability or contents of any Third Party Site. The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). Miscellaneous. If there is any dispute about or involving the Site or Salsahook.com, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in San Francisco County, California. Some jurisdictions prohibit the use of a choice of law clause that would prevent a consumer from having recourse to courts in the consumer's local jurisdiction, so this governing law clause may not apply to you. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind Salsahook.com in any respect whatsoever. Salsahook.com may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site. Except as otherwise stated in Third Parties above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party. The Terms of Service contain the entire agreement between you and Salsahook.com regarding the use of the Site, and supersede any prior agreement between you and Salsahook.com on such subject matter. The failure of Salsahook.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable or sublicensable by you except with Salsahook.com's prior written consent, but may be assigned or transferred by Salsahook.com without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Disputes Indemnity
You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by Salsahook.
Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
In order to take advantage of certain features on the Site, you may be required to register with Salsahook. For example, you may be required to register with Salsahook if you want to set up a "My Salsahook" account, where you can save your favorite restaurant profiles, receive discount offerings or other information from Salsahook, or save your consumer reviews. You may also be required to register with Salsahook if you want to post consumer reviews of certain events, movies, or businesses in your community. You may also be required to register to receive newsletters with local event information from Salsahook. Salsahook's use of any personal information that you provide to Salsahook.com during any registration process is governed by Salsahook's privacy policy.
If you register for a "My Salsahook" account (also understood as "User Account"), you will be allowed to save and personalize Salsahook content, receive and view offers from businesses and/or event promoters listed on the Salsahook system, and post ratings and reviews about Salsahook events, businesses and other user reviews. By having a "My Salsahook" account with Salsahook, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, Salsahook may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that Salsahook believes is appropriate.
Salsahook reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:
Reviews do not reflect the views of Salsahook; its parent, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders.
Reviews that are submitted to Salsahook shall be owned exclusively and in perpetuity by Salsahook. Such exclusive ownership means that Salsahook, its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. Salsahook is under no obligation to give credit or pay any consideration to you for your Reviews.
If you see objectionable content or have any questions about these Terms of Use, please contact Salsahook at ratings@Salsahook.com.
The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Salsahook has no control over these sites or the content within them. Salsahook cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Salsahook does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Salsahook for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify Salsahook at legal@Salsahook.com, and Salsahook will investigate your claim and take any actions Salsahook deems appropriate at our sole discretion.
Although Salsahook cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of Salsahook.
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
You may not use the Site if you are under thirteen (13) years of age.
You agree that monetary damages may not provide a sufficient remedy to Salsahook for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.
SALSAHOOK DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SALSAHOOK CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Salsahook DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SALSAHOOK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SALSAHOOK BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF Salsahook HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles.
You agree to indemnify and hold Salsahook, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site.
