Effective Date: 4.13.12
You may not use the Site or the Matador Services, or accept the General Terms, if (i) you are not of legal age to form a binding contract with Matador Network, or (ii) you are a person barred from accessing the Site or Matador Services under the laws of the United States or other countries, including the country in which you reside or from which you access the Site or the Matador Services.
You agree to be bound by any subscription or other agreement, posted guidelines, rules, or terms of service that may apply to any particular services on the Site that you use (“Additional Terms”). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that service. The General Terms and any applicable Additional Terms are referred to herein as the “Terms.”
Matador Network may change the Terms from time to time at its sole discretion. When these changes are made, Matador Network will make a new copy of the General Terms available at the Site and any new Additional Terms will be made available to you from within, or through, the affected service on the Site. Matador may, in its sole discretion, require you to provide consent to the updated Terms before further use of the Site or the Matador Services is permitted. Otherwise, your continued use of the Site or any affected service within the Matador Services constitutes your acceptance of the changes.
Your access and use of the Site and the Matador Services will be subject to the most current version of the Terms posted on the Site, or within or through the affected service on the Site, at the time of such use. Please regularly check the Site to view the then-current Terms.
When you register on the Site, you will be required to provide Matador Network with the following information: a user name (which may be pseudonymous), first name, last name, an email address, and a password. In addition, you may choose to provide the Matador Network with additional information, including but not limited to your zip code and other information to be determined by you.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Matador Network of any unauthorized use of your registration or password.
The Terms will continue to apply until terminated by either you or Matador Network as set forth below.
If you want to terminate your agreement with Matador Network, you may do so by (i) notifying Matador Network at any time and (ii) closing your accounts for all of the services or Materials that you use within the Site and the Matador Services, where Matador Network has made this option available to you. Your notice should be sent, in writing, to Matador Network’s email or physical address set forth below.
Matador Network reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate, upon any breach by you of these Terms or otherwise, your registration(s) with or ability to access the Site, the Matador Services, and/or any other service, specific content, digital products, products, courses or events, provided to you by Matador Network.
Upon expiration or termination of these Terms, you shall promptly discontinue use of the Matador Services. In addition, Sections 3, 8, 9, and 16 will survive any termination of this Agreement.
of a User of the Site means any and all information and content that such User uses with the Matador Services or uploads to the Site, or that is used or uploaded through such User’s account, including but not limited to any photographs, videos, graphic designs, and other written content that is posted on a User’s account. You agree not to use the Site or Matador Services to collect, upload, transmit, display, or distribute any Content (a) that 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; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Site or Matador Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or Matador Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Matador Services, other computer systems or networks connected to or used together with the Site or Matador Services, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site or Matador Services.
You alone are responsible for the content of your contributions to the Site, and any consequences of such content. Matador Network reserves the right to terminate your registration or ability to access the Site or the Matador Services if it becomes aware and determines, in its sole discretion, that you are violating any of the provisions of this Section.
If you are concerned about any Content on the Site, we urge you to click on the appropriate link that appears at the bottom of every page and to contact us whenever you see Content that violates the provisions of this Section.
We have the right (but not the obligation) to review any Content that is used with the Site or Matador Services and delete (or modify) any Content that in our sole judgment violates these Terms, is used in a way that in our sole judgment would violate these Terms, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us or any user. We reserve the right (but have no obligation under these Terms) to investigate and/or take appropriate action, including legal action, in our sole discretion against you if you violate this provision or any other provision of these Terms, including removing your Content from the Site or Matador Services (or modifying it), suspension or termination in accordance with Section 3.3, and/or reporting you to law enforcement authorities. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including your Account, IP addressing and traffic information, usage history, and your Content.
When you as a User post or publish Content on the Site, you represent that you have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content.
You grant Matador Network a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the any Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
Notwithstanding anything contained herein to the contrary, by submitting Content to any forums, comments or any other area on the Site, you hereby expressly permit Matador Network to identify you by your name or username (which may be a pseudonym) as the contributor of such Content in any publication in any form, media or technology now known or later developed in connection with the Content.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all Content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
You hereby assign to Matador Network all rights in any feedback or suggestions that you provide to Matador Network regarding the use, operation and functionality of the Website, the Website Services or the Online Course materials (“Feedback”) and agree that we have the right to use such Feedback and related information in any manner that we deem appropriate.
You may order services or merchandise through the Site from other persons not affiliated with Matador Network (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Matador Network makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Matador Network, nor will Matador Network be construed as a party to such transactions, whether or not Matador Network may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
The Site or Matador Services might contain links to third-party websites (“Third-Party Websites”). Such Third-Party Websites are not under the control of Matador Network. Matador Network is not responsible for any Third-Party Websites. Matador Network provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Each User is solely responsible for any and all of such User’s Content. Because we do not control Content, you acknowledge and agree that we are not responsible for any Content, and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Your interactions with other Users of the Site are solely between you and such User. You agree that Matador Network will not be responsible for any loss, damage or injury incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.
The Site or Matador Services may contain information regarding leads on job opportunities (“Leads”). The Leads are not under the control of Matador Network. Matador Network is not responsible for any Leads. Matador Network provides these Leads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Leads. Without limiting the foregoing, Matador Network does not guarantee that any of the Leads will result in a job (paid or unpaid). You use all Leads at your own risk. Your interactions with the third party providing the Lead are solely between you and such third party. You, and not Matador Network are solely responsible for obtaining a job (paid or unpaid) with the third party providing the Lead. You agree that Matador Network will not be responsible for any loss, damage or injury incurred as the result of any such interactions. If there is a dispute between you and such third party, we are under no obligation to become involved.
It is Matador Network’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Matador Network by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or the Matador Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Site or Matador Services of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Matador Network’s Copyright Agent for notice of claims of copyright infringement is as follows: Ross D. Borden, Chief Executive Officer, 228 Park Ave. S #40012, New York, NY 10003-1502.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT AND OTHER MATERIALS MADE AVAILABLE THROUGH THE SITE OR THE MATADOR SERVICES, IS AT YOUR SOLE RISK. THE SITE AND THE MATADOR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MATADOR NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MATADOR NETWORK MAKES NO WARRANTY THAT THE SITE OR THE MATADOR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR THE MATADOR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MATADOR NETWORK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE MATADOR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE MATADOR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT MATADOR NETWORK DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE SITE OR THE MATADOR SERVICES. MATADOR NETWORK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MATADOR NETWORK NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING ON THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MATADOR NETWORK OR THROUGH THE MATADOR SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MATADOR NETWORK SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE SITE OR THE MATADOR SERVICES.
MATADOR NETWORK MAKES NO WARRANTY REGARDING ANY MATERIALS PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. MATADOR NETWORK IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SITE. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH MATADOR NETWORK MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST MATADOR NETWORK WITH RESPECT TO SUCH SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MATADOR NETWORK SHALL NOT BE LIABLE TO YOU FOR ITS BREACH OF THESE TERMS; FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR THE MATADOR SERVICES; FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE; RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, USE, DATA OR OTHER INTANGIBLES; EVEN IF MATADOR NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Matador Network assumes no responsibility for the deletion of or failure to store User-created Content. We use a variety of industry-standard security technologies and procedures to help protect your content from unauthorized access, use, or disclosure. Despite these measures, you should know that Matador Network cannot fully eliminate security risks associated with your content and mistakes may happen.
At your request, Matador Network may send email messages to you containing labeled advertisements, promotions, etc. Matador Network makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that neither Matador Network nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of Matador Network, its parents, subsidiaries, affiliates, officers, directors, employees, sponsors, successors and assigns harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access, downloading, or use of the Site or the Matador Services; (ii) your Content, (iii) your violation of these Terms, or (iv) the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity. Matador Network reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Matador Network. Matador Network will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If Matador Network becomes aware of any possible violations by you of the Terms, Matador Network reserves the right to investigate such violations. If, as a result of the investigation, Matador Network believes that criminal activity has occurred, Matador Network reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Matador Network is entitled, except to the extent prohibited by applicable law, to disclose any information or Materials on the Site, including your Content, in Matador Network’s possession in connection with your use of the Site or the Matador Services to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Matador Network, its Users or the public, and law enforcement or other government officials, as Matador Network in its sole discretion believes to be necessary or appropriate.
In the event that Matador Network determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site or the Matador Services, Matador reserves the right to:
1. Warn you via email (to any email address you have provided to Matador Network) that you have violated these Terms;
2. Delete any or all Content provided by you or your agent(s) to the Site;
3. Discontinue your registration(s) with the Site and/or any other Matador Network community;
4. Discontinue your subscription to the Site and any Matador Services;
5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
6. Pursue any other action which Matador Network deems to be appropriate.
If your registration(s) with or ability to access the Site, the Matador Services, any other Matador Network community and/or any other Material or services provided to you by Matador Network is discontinued by Matador Network due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Matador Network community, then you agree that you shall not attempt to re-register with or access the Site, the Matador Services, any other Matador community and/or any other Materials or services provided by Matador Network, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Materials or services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Matador Network reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
This Site can be accessed from countries around the world and may contain references to services and Materials that are not available in your country. These references do not imply that Matador Network intends to announce such services or Materials in your country.
This Site is controlled, operated and administered by Matador Network from its offices in the United States of America. Matador Network makes no representation that the Site, the Matador Services or the Materials are appropriate or available for use at other locations outside the United States, and access to the Site, the Matador Services or the Materials from jurisdictions where the Site, the Matador Services or the Materials are illegal is prohibited. If you access the Site, the Matador Services or the Materials from a location outside the United States, you are responsible for compliance with all local laws.
Matador Network reserves the right to terminate free access to the Site, including any or all Matador Services or Materials, with or without notice to you. Matador Network reserves the right (at Matador Network’s discretion) to provide you with notice of such change by prominently posting a notice on the Site and/or sending written notice to you at any email and/or post office address you have provided to Matador Network. Once free access is terminated, Matador Network may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Site and/or any for-pay Matador Services or Materials.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Site users or Third-Party Websites or Leads. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You may give notice to Matador Network, addressed to the attention of Ross Borden by nationally recognized overnight delivery service or first class postage prepaid mail at the following address: 228 Park Ave. S #40021, New York, NY 10003-1502 or by e-mail sent to firstname.lastname@example.org. Such notice shall be deemed given when received by Matador Network by letter or upon acknowledgment of receipt of email by Matador Network .
If you believe that Matador Network has not adhered to these Terms, please contact Matador Network by emailing us at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Matador Network’s principal place of business is located for any lawsuit filed against you by Matador Network arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
It is the express wish of the parties that these Terms, any Additional Terms and all related documents have been drawn up in English.
C’est law volonté expresse
des parties que la présente convention ainsi que les documents qui s’y rattacent soient rédiges en anglais
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Matador Network’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Your relationship to Matador Network is that of an independent contractor, and neither party is an agent or partner of the other. You will not have, and will not represent to any third party that it has, any authority to act on behalf of Matador Network.
You agree not to export, directly or indirectly, any U.S. technical data acquired from Matador Network or any products utilizing such data, to countries outside the United States, in violation of the United States export laws or regulations.
These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters.
Please report any violations of these Terms to Ross D. Borden at firstname.lastname@example.org.
Copyright (c) 2011, Matador Network. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and the Matador Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Marks.