What follows are examples of the kind of content that is illegal or prohibited to post anywhere on a Website or any Service. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content, terminating the registration of such violators, and\/or pursuing criminal action. Prohibited content includes, but is not limited to, content that:<\/p>\n

Harasses or advocates violence or harassment of another person;<\/p>\n

Publicly posts information that poses or creates a privacy or security risk to any person;<\/p>\n

Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;<\/p>\n

Constitutes or promotes an illegal or unauthorized copy of another person\u2019s copyrighted work;<\/p>\n

Is patently offensive and promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;<\/p>\n

Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;<\/p>\n

Solicits personal information from anyone under the age of 18;<\/p>\n

Promotes any criminal activity or enterprise;<\/p>\n

Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;<\/p>\n

Involves commercial activities or sales or contests or advertising, without our prior written consent;<\/p>\n

Includes a photograph or video of another person that you have posted without that person\u2019s consent;<\/p>\n

Imitates or purports to be a posting to a Website by anyone other than the person actually posting.<\/p>\n

\n
1. Keep your Guard Up!<\/li>\n<\/ol>\n

   You agree to choose carefully the User-Generated Content you post on or through the Services and that you provide to other Users. Although the Services may not include any form of Prohibited Content, as defined in Section A above, some information, materials, products, or services submitted to the Services by other Fans may, in whole or in part, be unauthorized, impermissible, or otherwise violate this Agreement, and we assume no responsibility or liability for such material.<\/p>\n

   Remember that although the use of screen names by Fans is not a violation of the Terms of Use, people are not always who they say they are. You should always be careful when communicating with people you do not know in the real world. And it is always risky to meet anyone in person whom you don\u2019t know through real world friends.<\/p>\n

   Be cautious about posting and sharing personal information, especially information that could be used to identify you or locate you offline, such as your address or telephone number.<\/p>\n

   You are solely responsible for your interactions with other Fans. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Fans.<\/p>\n

   We cannot guarantee that any Participation or User-Generated Content on a Website was actually created by the individual or entity claiming authorship.<\/p>\n

   \n
   1. Abide by All Laws<\/li>\n<\/ol>\n

      You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Services without our express written permission and that of any other necessary party. You also agree not to: circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Services; use any robot, spider, scraper or other automated means to access the Services; decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services; insert any code or product or manipulate the content of the Services in any way; or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs.<\/p>\n

      You may not upload, embed, post, email, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. We have the right to terminate the Membership of infringers.<\/p>\n

      We reserve the right, in our sole discretion, to reject, refuse to post, or remove any User-Generated Content (including private messages) or to deny, restrict, suspend, or terminate your access to all or any part of any Services, including a Website, at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove profiles from the Services and\/or deny, restrict, suspend, or terminate your access to any Services, including a Website, if we determine in our sole discretion, that you have violated these Terms of Use or pose a threat to us and\/or our fans.<\/p>\n

      Illegal and\/or unauthorized use of any Service, including collecting usernames, and\/or email addresses of fans by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to any Service, including any Website, or employing third-party promotional sites or software to promote a profile or posting on any Service for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from any Service including this one without notice or explanation and may result in termination of registration. We reserve the right to take appropriate legal action for any illegal or unauthorized use of any Website or any of the other Services.<\/p>\n

      When you post content to any Service, this content is considered a Submission, as described above, and we have all of the rights and privileges described therein and elsewhere in these Terms of Use.<\/p>\n

      JURISDICTIONAL ISSUES<\/strong><\/p>\n

      The Services are controlled and operated by or on our behalf and on behalf of our affiliates. We make no representation that materials or products offered on the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable national and local laws. Software and products downloaded or purchased from the Services are further subject to United States export controls. No software or products offered on the Services may be downloaded, shipped, or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department\u2019s list of Specially Designated Nationals or the U.S. Commerce Department\u2019s Table of Deny Orders. By purchasing products or downloading or using the Software offered on the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.<\/p>\n

      TERMINATION<\/strong><\/p>\n

      We may terminate your access to the Services immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on the Services. Upon termination of your use of the Services, you must cease use of the Services and destroy all materials obtained from the Services and all copies of such materials.<\/p>\n

      We may terminate your status as a Registered Fan, delete any Website participation or any posting to any Website or other Service at any time, for any or no reason, with or without prior notice or explanation, without liability, and these Terms of Use will remain in effect. If you have any problems with the Services or your use of the Services or with these Terms of Use, your sole and exclusive remedy is to cease using the Services.<\/p>\n

      Dispute Resolution and Arbitration; Class Action Waiver.<\/strong><\/p>\n

      Please read this provision (this \u201cProvision\u201d) carefully.\u00a0 It affects your rights.<\/strong><\/p>\n

      Most User concerns can be resolved quickly and to a User\u2019s satisfaction by contacting us at info@matadorsnva.com.\u00a0 This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company.\u00a0 Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision.\u00a0 You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.<\/p>\n

      Please read this Provision carefully.\u00a0 It provides that all Disputes between you and the Company shall be resolved by binding arbitration.\u00a0 Arbitration replaces the right to go to court.\u00a0 In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and\/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).\u00a0 Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury.\u00a0 There is no judge or jury in arbitration, and court review of an arbitration award is limited.\u00a0 The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney\u2019s fees).<\/p>\n

      For the purpose of this Provision, \u201cthe Company\u201d means Matadors Inc and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, owners, employees, and agents.\u00a0 The term \u201cDispute\u201d means any dispute, claim, or controversy between you and the Company regarding any aspect of your relationship with the Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below).\u00a0 \u201cDispute\u201d is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Company\u2019s licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.<\/p>\n

      WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.<\/p>\n

      Pre-Arbitration Claim Resolution<\/u><\/p>\n

      For all Disputes, whether pursued in court or arbitration, you must first give the Company an opportunity to resolve the Dispute.\u00a0 You must commence this process by mailing written notification to the Company, Matadors Inc<\/em><\/strong>., 3100 Airway Ave Suite 122, Costa Mesa, CA 92626 Attn: Legal Department. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek.\u00a0 If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.\u00a0 You may pursue your Dispute in a court only under the circumstances described below.<\/p>\n

      Exclusions from Arbitration\/Right to Opt Out<\/u><\/p>\n

      Notwithstanding the above, you or the Company may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT, IF YOU ARE A VISITOR, FIRST VISIT OR ACCESS THE WEBSITE OR SERVICES, OR, IF YOU ARE A REGISTERED USER, YOU FIRST REGISTER AND ACCEPT THESE TERMS (the \u201cOpt-Out Deadline\u201d).\u00a0 You may opt out of this Provision by mailing written notification to the Company at Matadors<\/em><\/strong> Inc., 3100 Airway Ave Suite 130, Costa Mesa, CA 92626 Attn: Legal Department. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Company through arbitration.\u00a0 Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Company.\u00a0 Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.<\/p>\n

      Arbitration Procedures<\/u><\/p>\n

      If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Company may initiate arbitration proceedings.\u00a0 The American Arbitration Association (\u201cAAA\u201d), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.\u00a0 The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration.\u00a0 All issues shall be for the arbitrator to decide, including the scope of this Provision.<\/p>\n

      For arbitration before AAA, for Disputes of less than $75,000, the AAA\u2019s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA\u2019s Commercial Arbitration Rules will apply.\u00a0 In either instance, the AAA\u2019s Optional Rules For Emergency Measures Of Protection shall apply.\u00a0 The AAA rules are available at www.adr.org or by calling 1-800-778-7879.\u00a0 For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.\u00a0 The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.\u00a0 This Provision governs in the event it conflicts with the applicable arbitration rules.\u00a0 Under no circumstances will class action procedures or rules apply to the arbitration.<\/p>\n

      Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (\u201cFAA\u201d) governs the arbitrability of all Disputes.\u00a0 The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.<\/p>\n

      Arbitration Award<\/u>\u00a0\u2013 The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding.\u00a0 The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party.\u00a0 Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.<\/p>\n

      Location of Arbitration<\/u>\u00a0\u2013 You or the Company may initiate arbitration in either Fairfield County, Connecticut or the federal judicial district that includes your billing address.\u00a0 In the event that you select the federal judicial district that includes your billing address, the Company may transfer the arbitration to Fairfield County, Connecticut in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.<\/p>\n

      Payment of Arbitration Fees and Costs<\/u>\u00a0\u2013 The Company will pay all arbitration filing fees and arbitrator\u2019s costs and expenses upon your written request given prior to the commencement of the arbitration.\u00a0 You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses.\u00a0 Fees and costs may be awarded as provided pursuant to applicable law.\u00a0 In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Company as provided in the section above titled \u201cPre-Arbitration Claim Resolution\u201d and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney\u2019s fees and costs as determined by the arbitrator.<\/p>\n

      Class Action Waiver<\/u><\/p>\n

      Company and you agree that Company and you will resolve any disputes, claims, or controversies on an individual basis, and that any claims brought under these Terms of Use in connection with the Services will be brought only in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Company and you further agree that Company and you shall not participate in any consolidated class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Services.<\/p>\n

      If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in the United States District Court for the District of Connecticut.<\/p>\n

      Jury Waiver<\/u><\/p>\n

      You understand and agree that by entering into this Agreement you and the Company are each waiving the right to a jury trial or a trial before a judge in a public court.\u00a0 In the absence of this Provision, you and the Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and\/or to participate or be represented in a case filed in court by others (including class actions).\u00a0 Except as otherwise provided below, those rights are waived.\u00a0 Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.<\/p>\n

      Severability<\/u><\/p>\n

      If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.\u00a0 If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.<\/p>\n

      GENERAL PROVISIONS<\/strong><\/p>\n

      If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of the Services. Our failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms of Use or the Website or Services will be heard in the courts located in Fairfield County, Connecticut.<\/p>\n

      DIGITAL MILLENNIUM COPYRIGHT ACT<\/strong><\/p>\n

      If you believe your work has been copied and posted on or through these Services in a way that constitutes copyright infringement, please send our Copyright Agent a notification of claimed infringement with all of the following information:<\/p>\n

      (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;<\/p>\n

      (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material (providing the URL(s) of the claimed infringing material satisfies this requirement);<\/p>\n

      (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;<\/p>\n

      (d) a 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;<\/p>\n

      (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner\u2019s behalf; and<\/p>\n

      (f) your physical or electronic signature.<\/p>\n

      Our Copyright Agent can be reached at: Copyright Agent MATADORS<\/strong><\/em>, 3100 Airway Ave Suite 122, Costa Mesa, CA 92626<\/p>\n

      We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Fans who are deemed to be repeat infringers. We also may at our sole discretion limit access to the Services and\/or terminate Memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.<\/p>\n

      California Consumer Notice<\/strong><\/p>\n

      Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service are provided by the Company MATADORS<\/em> <\/strong>Inc., 3100 Airway Ave Suite 122, Costa Mesa, CA 92626.\u00a0 If you have a question or complaint regarding the Site or Service, please contact Customer Service at info@madatorsnva.com. You may also contact us by writing the Company, MATADORS<\/strong> <\/em>Inc., 3100 Airway Ave Suite 130, Costa Mesa, CA 92626. \u00a0California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.<\/p>\n<\/div>\n<\/div>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/section><\/div>","protected":false},"excerpt":{"rendered":"

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