Terms
Overview:
Welcome to Gotta Salsa. We are an online subscription service, providing our members with access to Latin dance lessons streaming over the Internet and an online dance community. We’ve put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.
These Terms of Use provide that all disputes between you and Gotta Salsa will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Gotta Salsa.
These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. For your convenience, we’ve indexed the Terms of Use so as to help you more easily navigate and access areas of interest. We hope you enjoy your Gotta Salsa experience.
- Account Access; Identity Protection
- Disclaimers of Warranties and Limitations on Liability
- Intellectual Property
- Entertainment and Service Content
- Use of Information Submitted
- Service Testing
- Customer Service
- Your Conduct on the Gotta Salsa Service
- Limitations on Use
- Links and Pages
- Gifts & Promotions
- Claims of Copyright Infringement
- Governing Law
- Arbitration Agreement
Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy and End User License Agreement (“EULA”) govern your use of the Gotta Salsa service, including all features and functionalities, video streaming, our website and user interfaces, and all content and software associated therewith (the “Gotta Salsa service” or “service”). By using, visiting, or browsing the Gotta Salsa service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Gotta Salsa service, including our website and user interfaces.
These Terms of Use govern your use of the Gotta Salsa service and you should read them carefully. The Gotta Salsa service is provided by Gotta Salsa, or one of its affiliated companies. The Gotta Salsa company that is providing the service to you (referred to as “Gotta Salsa” in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for the Gotta Salsa service.
Changes to Terms of Use
Gotta Salsa reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and EULA, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the Gotta Salsa website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated. You can see changes from previous versions of the Terms of Use that we have posted by visiting our website and clicking here.
Privacy and Communications Preferences
Any personally identifying information submitted through the Gotta Salsa service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, Gotta Salsa may send you newsletters about new Gotta Salsa features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, simply use your account name and password to access the “Settings -> Notifications” link on the “My Profile” page and uncheck those items to unsubscribe or click on the unsubscribe link in our email communications. Please review our Privacy Policy for further detail on our marketing communications.
By using the Gotta Salsa service, you consent to receiving electronic communications from Gotta Salsa. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Gotta Salsa and you receive them as part of the Gotta Salsa membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Membership and Billing
You can find the specific details regarding your membership with Gotta Salsa at anytime by visiting our website and clicking on the “My Profile” link.
Free Trials
Your Gotta Salsa membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. You must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”), to use our service. If you or another member of your household has been a Gotta Salsa member within the last 12 months, or if your Payment Method, physical address or email address have been associated with a Gotta Salsa membership, or if you are streaming from a Gotta Salsa ready device that has been previously activated on a different Gotta Salsa account, you are not eligible to receive a free trial.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the “Settings -> Membership” link on the “My Profile” page. Your Payment Method may be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. If YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE “MY PROFILE” LINK AT THE TOP OF ANY GOTTA SALSA WEB PAGE AND GO TO “SETTINGS -> MEMBERSHIP” FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Billing” below).
Billing
By starting your Gotta Salsa membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Gotta Salsa service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the “Settings -> Membership” link on the “My Profile” page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you started your Gotta Salsa membership or became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “My Profile” link, available at the top of the pages of the Gotta Salsa website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
Ongoing Membership
Your Gotta Salsa membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
Cancellation
You may cancel your Gotta Salsa membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit our website and click on “Cancel” on the “My Profile -> Settings -> Membership” page.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
How Our Streaming Service Works
Gotta Salsa is an online subscription service providing its members with access to dance videos streaming over the Internet.
We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.
Availability. The availability of videos to instantly watch will change from time to time, and from country to country. The quality of the display of the streaming videos may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Gotta Salsa streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping videos will result in a minor increase to the amount of data Gotta Salsa streams to you per hour. In most cases this will be less than a few seconds worth. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Gotta Salsa makes no representations or warranties about the quality of your instant watching experience on your display.
Start Time: The time it takes to begin watching a video will vary based on a number of factors, including your location, available bandwidth at the time, the video you have selected and the configuration of your viewing device. You must be connected to the Internet throughout the watch instantly experience.
Geographic Limitation: You may instantly watch a video through the Gotta Salsa service only in geographic locations where we offer our service. The content that may be available to watch will vary by geographic location. Gotta Salsa will use technologies to verify your geographic location.
Gotta Salsa streaming software: Gotta Salsa streaming software is designed to enable instant streaming of content from Gotta Salsa website. This software may vary by end user device and medium, and functionalities may also differ between devices. This software is licensed to you by Gotta Salsa pursuant to these Terms of Use and solely for the purpose of using the Gotta Salsa service and for no other purpose whatsoever. WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and Gotta Salsa reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Gotta Salsa service through such software at any time, without prior or any notice.
END USER LICENSE AGREEMENT: BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE (1) TO THE GOTTA SALSA SOFTWARE END USER LICENSE AGREEMENT FOUND HERE AS SUCH MAY BE AMENDED OR ADDED TO FROM TIME TO TIME AND (2) TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE GOTTA SALSA AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE.
We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. A Gotta Salsa ready device is any electronics equipment that is authorized to decode and capable of decoding videos that are transmitted over the Internet by Gotta Salsa. These devices may include personal computers, mobile devices, stand alone set-top boxes, Internet connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Gotta Salsa service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use.
In response to technical limitations, or for any reason in our sole and absolute discretion, and without prior notice to you, some or all videos may not be watched, or may cease to be available for watching instantly, through our service.
Features & Functionality
Social Media
You may elect to share information about your use of the Gotta Salsa service, including what you watch, within Gotta Salsa as well as on other social networks. Your use of our social features is subject to our Social Terms (gottasalsa.com/social-terms); please review them for details.
Member Reviews & Comments
We may permit you to post reviews and comments of videos available through the Gotta Salsa service. We do not regularly review the content posted on the Gotta Salsa website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews and comments should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the video’s creative personnel; misleading information regarding the origin of the content; or a discussion of Gotta Salsa policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.
BY SUBMITTING A REVIEW OR COMMENT, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW OR COMMENT, INCLUDING YOUR RATING OF A VIDEO, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE GOTTA SALSA SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW OR COMMENT FEATURE.
Use of the Reviews and Comments feature is for your personal, non-commercial use and is at your own option and risk. The Reviews and Comments feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
Passwords
The member who created the Gotta Salsa account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Gotta Salsa account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Gotta Salsa Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.
SHARING THE GOTTA SALSA SERVICE PASSWORD IS STRICLY PROHIBITED AND WILL RESULT IN ACCOUNT TERMINATION AMONG OTHER ACTIONS DEEMED NECESSARY BY GOTTA SALSA.
Parental Controls
Please note the Gotta Salsa service is not intended to be used by children without involvement, supervision, and approval of a parent or legal guardian. The Account Owner should not reveal the account password to a child.
Feeds
Members from certain countries may have access to RSS feeds as a convenient way to pass information about your Gotta Salsa account or that is publicly available on the Gotta Salsa site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. Gotta Salsa may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds (“Feeds”), including obtaining a Feed from the Gotta Salsa website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, and is covered by the Terms of Use for Gotta Salsa. By using the Gotta Salsa Feeds, you agree to be bound by the Terms of Use for Gotta Salsa. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Gotta Salsa service, Gotta Salsa implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Gotta Salsa service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Gotta Salsa ready device. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Gotta Salsa ready device, you should logout and/or deactivate the device before doing so. Similarly, if your Gotta Salsa ready device is lost or stolen, please deactivate the Gotta Salsa ready device. If you fail to log out or deactivate your device, subsequent users may access the Gotta Salsa service through your account and may be able to access certain of your account information.
If you find that you’re a victim of identity theft and it involves a Gotta Salsa account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Gotta Salsa website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Gotta Salsa reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Gotta Salsa is not obligated to credit or discount a membership for holds placed on the account by either a representative of Gotta Salsa or by the automated processes of Gotta Salsa.
Disclaimers of Warranties and Limitations on Liability
THE GOTTA SALSA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE GOTTA SALSA SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE GOTTA SALSA SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. GOTTA SALSA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE GOTTA SALSA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT GOTTA SALSA MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE GOTTA SALSA SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. GOTTA SALSA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, GOTTA SALSA READY DEVICES, AND GOTTA SALSA SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Gotta Salsa service or on the Gotta Salsa website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Gotta Salsa service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Gotta Salsa website, user interfaces, or otherwise through the Gotta Salsa service; and (vii) any losses or damages arising from the use of the content provided on the Gotta Salsa website, user interfaces, or otherwise through the Gotta Salsa service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on videos from the Gotta Salsa service or the descriptions of any video content contained on our website and user interfaces. We do not represent or guarantee that your use of the Gotta Salsa service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Gotta Salsa or its affiliated parties.
IN NO EVENT SHALL GOTTA SALSA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOTTA SALSA SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE GOTTA SALSA SERVICE, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE GOTTA SALSA SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
GOTTA SALSA MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING GOTTA SALSA READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. Click here to view the Gotta Salsa End User License Agreement.
Intellectual Property
Copyright
The Gotta Salsa service, including all content included on the Gotta Salsa website and user interfaces, or delivered to members as part of the service, including, but not limited to, videos you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Gotta Salsa or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Gotta Salsa on our website and user interfaces, or in connection with the Gotta Salsa service are the exclusive property of Gotta Salsa and its licensors and are protected by the copyright and trade secret laws in the territories in which the Gotta Salsa service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Gotta Salsa or its licensors. You agree to adhere to the restrictions set forth under “Gotta Salsa streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Gotta Salsa service, not to insert any code or product or manipulate the content of the Gotta Salsa service in any way, and not to use any data mining, data gathering or extraction method. Gotta Salsa reserves the right to terminate your membership hereunder if Gotta Salsa, in its sole and absolute discretion, believes that you are in violation of Gotta Salsa software restrictions, restrictions against copying videos provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Gotta Salsa and its licensors. Gotta Salsa does not promote, foster or condone the copying of videos or any other infringing activity. The use of the Gotta Salsa service, including videos made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Gotta Salsa service, including any on the Gotta Salsa website and user interfaces.
Trademarks
Gotta Salsa is a registered trademark of Gotta Salsa. The Gotta Salsa logo and gottasalsa.com are trademarks or service marks of Gotta Salsa. The Gotta Salsa website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Gotta Salsa, Inc. The trademarks, service marks and trade dress of Gotta Salsa may not be used or reproduced without prior written approval from Gotta Salsa and may not be used in connection with any product or service that is not affiliated with Gotta Salsa, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Gotta Salsa, or in any manner that disparages or discredits Gotta Salsa. Other trademarks that appear on the Gotta Salsa website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gotta Salsa. Any images of persons or personalities contained on the Gotta Salsa website and user interfaces are not an indication or endorsement of Gotta Salsa or any particular product or our service unless otherwise indicated.
Entertainment and Service Content
We distribute written lessons and videos and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Gotta Salsa service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Gotta Salsa service are those of the respective authors or producers and not of Gotta Salsa, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Gotta Salsa, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Gotta Salsa service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Gotta Salsa service.
Use of Information Submitted
Gotta Salsa is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Gotta Salsa service, including the Gotta Salsa website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Gotta Salsa service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Gotta Salsa does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Gotta Salsa. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Gotta Salsa and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of videos, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Customer Service
If you need assistance with your account, you may contact us using this form or by sending an email to accounts@gottasalsa.com. Please be sure to include the name and email address of the Gotta Salsa member. A customer service representative will follow-up with you as quickly as possible.
The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service. We may utilize the services of third parties in providing you customer service support.
Your Conduct in Accessing the Gotta Salsa Service
By accessing the Gotta Salsa service, including the Gotta Salsa website and user interfaces, you agree to use the Gotta Salsa service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit 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 associated with the Gotta Salsa service. You also agree not to impersonate any other person while using the Gotta Salsa service, conduct yourself in a vulgar or offensive manner while using the Gotta Salsa service, or use the Gotta Salsa service for any unlawful purpose.
You agree that all of the foregoing restrictions apply not only to the Gotta Salsa service, but also to the servers and networks connected to any portions of the Gotta Salsa service whether operated by Gotta Salsa or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.
Limitations on Use
You must be 18 years of age or older to become a member of the Gotta Salsa service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While Gotta Salsa does distribute products that may be watched by children, the Gotta Salsa service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, the Gotta Salsa service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Gotta Salsa service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Gotta Salsa service, without our express written consent. Gotta Salsa does not promote, foster or condone the copying of videos, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Gotta Salsa service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gotta Salsa without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Gotta Salsa name or trademarks without our express written consent. Any unauthorized use of the Gotta Salsa service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the Gotta Salsa website may lead to other websites or other content that are not controlled by, or affiliated with, Gotta Salsa. In addition, other websites may link to the Gotta Salsa website or Gotta Salsa may include links to the websites of businesses, including those that have associations with us through certain programs. Gotta Salsa has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Gotta Salsa is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.
Gifts & Promotions
In certain countries, we may offer Gift Subscriptions for purchase. These Gift Subscriptions are sold on our website and are redeemable for the Gotta Salsa service only in the country in which the Gift Subscription was purchased. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions and the redemption of Gift Subscriptions are subject to the terms and conditions set forth on the “Gift Subscription Terms” page.
Promotional codes may be redeemed on our website. Promotional code can only be used once and cannot be redeemed for cash, resold or combined with any other offers, including free trial. If you received a promotion code through an offer by a third party, additional restrictions may apply.
Claims of Copyright Infringement
It is the policy of Gotta Salsa to respect the intellectual property rights of others. Gotta Salsa does not condone the unauthorized reproduction or distribution of videos or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Gotta Salsa service, please notify us here.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.
Arbitration Agreement
You and Gotta Salsa agree that any dispute, claim or controversy arising out of or relating in any way to the Gotta Salsa service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Gotta Salsa are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Gotta Salsa membership.
If you elect to seek arbitration, you must first send to Gotta Salsa, by certified mail, a written Notice of your claim (“Notice”). The Notice to Gotta Salsa should be addressed to: General Counsel, Gotta Salsa, Inc., 529 Market St. #3B, San Diego, CA (“Notice Address”). If Gotta Salsa elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Gotta Salsa, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Gotta Salsa and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Gotta Salsa may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Gotta Salsa or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Any arbitration hearings will take place in the county (or parish) of San Diego, CA. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND GOTTA SALSA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Gotta Salsa agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.