Salotto General Terms and Conditions

Last Updated October 15, 2019

NOTE: Salotto (as defined below) is designed to allow its Members to meet with other Members and participate in games or events involving billiards, some of which may have entry fees and prizes. We do not perform any background checks or other inquiries with respect to Members. Accordingly, You must exercise your own judgment in determining whether, when, where, and how you meet with other Salotto Members to play billiards. You are solely responsible for your interactions with other Salotto Members or Users, both in person and through the Website or associated Salotto applications. By using Salotto, you agree that we are not responsible for any loss or damage, including personal injury or death, resulting from use of Salotto, attendance at any billiards event, from any Content posted on or through Salotto, or from the conduct of any Members or Users of Salotto, whether online or offline.

The services offered by Salotto, LLC (“We,” “Us”) include the Salotto website available at salotto.app (the “Website”), the Salotto downloadable application (the “App”), and any other features, content, or application offered from time to time by Us in connection with the Website or the App (collectively, “Salotto”). Salotto is privately owned and hosted in the United States. Salotto is a social networking service that allows Members (defined below) to create unique personal profiles online in order to find and communicate with other Salotto users relating to finding, playing, hosting, and competing in billiards.

These General Terms and Conditions (the “Agreement”) sets forth the legally binding terms for your use of Salotto. By using Salotto, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or use the App without becoming a Member) or you are a “Member” (which means that you have registered with Salotto). The term “User” refers to a Visitor or a Member. You are authorized to use Salotto only if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of Salotto immediately. If you wish to become a Member, communicate with other Members and make use of Salotto, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes our policy for acceptable use of Salotto, your rights, obligations and restrictions regarding your use of Salotto, and Salotto’s Privacy Policy.

We may modify this Agreement from time to time, and such modification shall be effective upon posting by Us on the Website. You agree to be bound to any changes to this Agreement when you use Salotto after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Salotto and that you provide to other Users. Your Salotto profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members may contain inaccurate, inappropriate, or offensive material, and we assume no responsibility or liability for this material. If you become aware of misuse of Salotto by any person, please contact us or click on the “Report” link at the bottom of any Website page.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of Salotto at any time, for any or no reason, with or without prior notice, and without liability. We also reserve the right to remove your profile or restrict, suspend, or terminate your access to any part of Salotto for any or no reason, with or without prior notice, and without liability.

Eligibility: Use of and Membership in Salotto is void where prohibited. By using Salotto, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of Salotto does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.

Please note that some games or events may be hosted by Salotto Members at locations that serve alcohol. Accordingly, if you have not reached the legal drinking age, you may not be able to participate in some Member-hosted games or events.

Term: This Agreement shall remain in full force and effect while you use Salotto or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions in the App. We may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

Fees: The Salotto Free Account may be used by all personal users free of charge. Users of the Salotto Free Account may host one (1) billiards event per calendar month through Salotto without charge; thereafter, a user of the Salotto Free Account may host any number of billiards events for a fee of $2.99 per event.

We also offer a Salotto Pro Account for a recurring monthly charge of $9.99 per month. The Salotto Pro Account will offer enhancements and features that the Salotto Free Account does not offer, including the ability to host an unlimited number of billiards events per month, as more fully described on the Website and the App. If You choose to enroll in the Salotto Pro Account, You may at any time cancel these optional features, Your account will be restored to the Salotto Free Account, and no future charges will be incurred.

A Salotto Annual Membership is offered at $99.99 per year and paid by the user annually. If You choose to enroll in the Salotto Annual Membership, You may at any time cancel these optional features, Your account will be restored to the Salotto Free Account, and no future charges will be incurred.

You must have a valid credit card or use an electronic payment method with a third-party that from whom Salotto accepts payments (e.g., PayPal) in order to sign up for a Salotto Pro Account and participate in hosting games.

Prize Pools and Entry Fees: Members (each a “Host”) may host or arrange for billiards games or events and offer other Members the chance to participate. Those Hosts may set the terms of their own events, including the type of billiards game, any special rules or formats, entry fee (if any), prize pool and distribution (if any), total number of entrants, and any other conditions or limitations.

If You sign up for a billiards game or event that has an entry fee, You must pay your entry fee through the third party payment process chosen by host. If the game or event does not occur (e.g., cancelled due to weather, not enough entrants, etc.), then our third-party payment processor will refund your entry fee. Otherwise, prizes will be awarded to qualifying participants by the third-party payment processor as directed by the particular Host.

Interactions with Other Members: You are solely responsible for your interactions with other Salotto Members or Users, both in person and through the Website or associated Salotto applications.

We do not perform any background checks or other inquiries with respect to Members; rather, Salotto’s function is to allow interaction between Members who have identified themselves as being billiards players. Accordingly, You must exercise your own judgment in determining whether, when, where and how you meet with other Salotto Members to play billiards. By using Salotto, you agree that we are not responsible for any loss or damage, including personal injury or death, resulting from use of Salotto, attendance at any billiards event, from any Content posted on or through Salotto, or from the conduct of any Members or Users of Salotto, whether online or offline.

Each Salotto Member will have an opportunity to provide feedback relating to his or her interactions with other Salotto Members on a scale of 1 to 5. Each Salotto Member will have a reputation score reflecting how others have ranked that Member based on quality of experience. You may find these rankings useful in determining whether to participate in a particular Host’s game or event, but we do not independently audit these rankings, and they should not be viewed as our endorsement or evaluation of any particular Member.

Please be respectful of all parties and players involved with your experience. Practice quality sportsmanship and work to resolve your own issues calmly if they should arise.

In the unlikely event of a dispute related to a game or event hosted by a Solotto Member, please report this through the Contact section on salotto.app.

Password: When you sign up to become a Member, you will be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-commercial Use by Members: Salotto’s services are for the personal use of Members only, and Salotto may not be used in connection with any commercial endeavors, except for the commercial operation of billiard halls and other establishments that have a billiards environment, which may (and are encouraged to) become Members and host games or events. Illegal or unauthorized use of Salotto, including collecting usernames or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. We may take legal action with respect to illegal or unauthorized use of Salotto.

Proprietary Rights in Content on Salotto: We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that You post to Salotto (collectively, “Content”). After posting Your Content to Salotto, as between You and Us, You continue to retain all ownership rights in such Content, and You continue to have the right to use Your Content in any way You choose. By displaying, publishing or posting any Content, You hereby grant to Us a fully-paid, royalty-free, irrevocable, limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Salotto.

The license You grant to us is non-exclusive (meaning you are free to license Your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that We are not required to pay You for the use of the Content that You post), sub-licensable (so that we are able to use Our affiliates and subcontractors, such as Internet content delivery networks, to provide Salotto), and worldwide. This license will terminate at the time You remove your Content from Salotto, though we may retain backup and historical copies of Your Content for Our own records. The license does not grant Us the right to sell your Content, nor does the license grant us the right to distribute your Content outside of Salotto.

You represent and warrant that: (i) you own the Content posted by you on or through Salotto or otherwise have the right to grant the license set forth in this section, and (ii) the posting of Your Content on or through Salotto does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by You to or through Salotto.

Salotto also contains Our own content, designs and creations that we provide on or post to Salotto (“Salotto Content”). Salotto Content is protected by copyright, trademark, patent, trade secret and other laws, and We own and retain all rights in the Salotto Content.

Content Posted: We may delete any Content that we believe, in our sole judgment, violates this Agreement or is otherwise prohibited content or activity. We assume no responsibility for monitoring Salotto for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor Salotto, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you post on or through any of Salotto, as well as any material or information that you transmit to other Members and for your interactions with other Users.

We do not endorse and have no control over Your Content or the Content of other Users or Members. Content is not reviewed by Us prior to posting and does not reflect the opinions or policies of Us. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members or Users or that other Members or Users transmit to you.

DISCLAIMERS

You agree that we are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with Salotto, whether caused by Users or Members of Salotto or by any of the equipment or programming associated with or utilized in Salotto.

You agree that we are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Salotto or combination thereof, including any injury or damage to Users or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with Salotto.

You agree that we are not responsible for any loss or damage, including personal injury or death, resulting from use of Salotto, attendance at any billiards event, from any Content posted on or through Salotto, or from the conduct of any Members or Users of Salotto, whether online or offline.

Salotto is provided “AS-IS” and as available, and we expressly disclaim any and all warranties, express or implied, except as contained in this Agreement, including (without limitation) fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from Your use of Salotto.

Limitation on Liability: IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SALOTTO, PRORATED DURING THE TERM OF MEMBERSHIP.

Disputes: If there is any dispute between You and Us about or involving Salotto, you agree that the dispute shall be governed by the laws of the State of Wyoming without regard to conflict of law provisions that would result in the application of the laws of another jurisdiction, and you agree to exclusive personal jurisdiction and venue in the state and federal courts located in the State of Wyoming.

Indemnity: You agree to indemnify and hold Us, Our subsidiaries and affiliates, and Our and their respective officers, agents, 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 Salotto, including (without limitation) Your use of Salotto in violation of this Agreement, arising from Your breach of this Agreement, any breach of Your representations and warranties set forth above, or any Content that You post on the Website or through Salotto, that causes us to be liable to another.

Other: This Agreement is accepted upon your use of the Website or any of Salotto and is further affirmed by You becoming a Member. This Agreement constitutes the entire agreement between You and Us regarding the use of Salotto. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If You have any questions, You may contact us using the Contact link at the bottom of any page on our site.

YOUR USE OF THE WEBSITE OR REGISTRATION ON THE WEBSITE AFFIRMS THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE IMMEDIATELY.

Salotto, LLC. A privately owned company in the State of Wyoming, USA.

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