Register for MatadorU

Terms Of Use

The MatadorU website located at www.matadoru.com (the “Website”) is a copyrighted work belonging to Matador Network (“Matador Network”). Matador Network offers travel writing courses (“MatadorU”). Users enrolled in MatadorU will have access to the standard travel writing course material, market leads board, student forums, a custom blog, and other services offered from time to time by Matador Network on the Website for MatadorU (collectively, the “MatadorU Website Services”) as set forth below.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Website Services. By clicking on the “Continue" button, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent that you are of legal age to form a binding contract, you are not prohibited by law from receiving or using the Website Services, and you have the authority to enter into this Agreement, personally or on behalf of the company you have named as the user. If you do not agree with all provisions of this Agreement, you should exit the MatadorU registration process.

[Please review Matador Network’s Privacy Policy. The terms of the Privacy Policy are incorporated into, and considered a part of, this Agreement.]

1. Registration and Payment

• 1.1 Registration. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website Services does not violate any applicable law or regulation or the terms of this Agreement. During the MatadorU registration process, you will be asked to choose a username and a password for your MatadorU account (“Account”). You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account of another user at any time. 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.
• 1.2 Payment
  • a ) If you are enrolling in MatadorU, you agree to pay the one time tuition fee set forth in the registration process (“Tuition Fee”) through your PayPal account. You will be directed to pay the Tuition Fee through your PayPal account prior to completion of the registration process. Within one (1) week after the date you register for MatadorU (i.e., the date you pay the Tuition Fee through your PayPal account), you may terminate this Agreement at any time by emailing notice of your termination to Matador Networks. Upon receipt of such email notice, Matador Networks will refund you the Tuition Fee to the PayPal account used in the registration process. For example, if you register for MatadorU (i.e., pay the Tuition Fee through your PayPal account) on January 1, you may terminate this Agreement for a refund of the Tuition Fee at any time on or before January 7. On January 8, the Tuition Fee becomes non-refundable.
  • b) Except as set forth above, all Tuition Fees are non-refundable. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less.

2. Website Services

• License. Subject to the terms of this Agreement, Matador Network grants you a non-transferable, non-exclusive, royalty-free, fully paid, worldwide license, solely for your internal business purposes,
  • a) to use (i) the MatadorU Website Services during your enrollment in MatadorU, and, and
  • b) to download and print any MatadorU course materials made available to you by Matador Network, solely for your personal use and not for distribution to any third parties.
• 2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website Services; (c) you shall not access the Website Services in order to build a similar or competitive product or service; and (d) except as expressly stated herein, no part of the Website Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Website Services made available to you by Matador Network shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website Content must be retained on any copies permitted by this Agreement.
• 2.3 Modification. Matador Network reserves the right, at any time, to modify, suspend, or discontinue the Website Services or any part thereof with or without notice. You agree that Matador Network will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website Services or any part thereof.
• 2.4 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Website Services (excluding any User Content) are owned by Matador Network or Matador Network’s licensors. The provision of the Website Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Matador Network and its suppliers reserve all rights not granted in this Agreement.

3. User Content

• 3.2 User Content. “User Content” of a Website user means any and all information and content that such user uses with the Website Services and/or is used with the Website Services through such user’s Account. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, consents, and permissions to use your User Content and to grant a license to your User Content as set forth in Section 3.2 and (ii) your User Content does not violate the Acceptable Use Policy (as defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Matador Network. Because you alone are responsible for your User Content (and not Matador Network), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Matador Network is not obligated to backup any User Content and you are solely responsible for creating backup copies of your User Content.
• 3. 2 License. By using your User Content with the Website Services, you automatically grant to Matador Network an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purpose of providing you the Website Services. You maintain all rights to your work and can remove your content from the site at any time.
• 3.3 Feedback. Matador Network will treat any feedback or suggestions you provide to Matador Network as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Matador Network to the contrary, you agree that you will not submit to Matador Network any information or ideas that you consider to be confidential or proprietary.

4. Acceptable Use Policy. The following sets forth Matador Network’s “Acceptable Use Policy”:

• 4.1 You agree not to use the Website Services to collect, upload, transmit, display, or distribute any User 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, abusive, 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.
• 4.2 In addition, you agree not to use the Website 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 e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Website Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Website Services, other computer systems or networks connected to or used together with the Website Services, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Website Services.

5. Enforcement by Us. We have the right (but not the obligation) to review any User Content that is used with the Website Services and delete (or modify) any User Content that in our sole judgment violates this Agreement, is used in a way that in our sole judgment would violate this Agreement, 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 this Agreement) 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 this Agreement, including removing your User Content from the Website Services (or modifying it), terminating your Account in accordance with Section 12, 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 User Content.

6. Third Party Websites; Other Users; Market Lead Boards

• 6.1 Third-Party Websites. The Website 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 Website, 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.
• 6.2 Other Users. Each Website user is solely responsible for any and all of such user’s User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users 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 Website user, we are under no obligation to become involved.
• 6.3 Market Blog. The Website Services might contain information regarding leads on writing 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 Networks 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 Networks, 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 insult 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.

7. Copyright Policy.

Matador Network respects the intellectual property of others and asks that users of our services do the same. In connection with our services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. 1.your physical or electronic signature;
2. 2.identification of the copyrighted work(s) that you claim to have been infringed;
3. 3.identification of the material on our services that you claim is infringing and that you request us to remove;
4. 4.sufficient information to permit us to locate such material;
5. 5.your address, telephone number, and e-mail address;
6. 6.a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. 7.a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Matador Network is:

Ross Borden
14 College Ct
Larkspur, CA 94939

8. Disclaimers

The Website Services are provided “As-Is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Website Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be virus free, accurate, reliable, complete, legal, or safe.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

9. Limitation on Liability

In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Website Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Website Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of the price you paid for the Website Services or Fifty us dollars ($50).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.

10. Release.

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 Website 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.”

11. Indemnity.

You agree to indemnify and hold Matador Network, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them 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, download, or use of the Website Services, (ii) your User Content, or (iii) your violation of this Agreement. 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.

12. Term and Termination.

Subject to this Section, this Agreement will remain in full force and effect while you use the Website Services. We may (a) suspend your rights to use the Website Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website Services in violation of this Agreement or if we believe you are younger than thirteen (13) years old. You may terminate this Agreement in accordance with Section a. Upon termination of this Agreement, your Account and right to access and use the Website Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Matador Network will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.2 through 2.4 and 3 through 13.

13. General

• 13.1 Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we will notify you by sending you an e-mail to the e-mail address on your Account and/or by prominently posting notice of the changes on our Website. Any material changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. You are responsible for updating your Account with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of this agreement may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
• 13.2 U.S. Export Controls. No software may be downloaded from the Website Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any software, you represent and warrant that such download or use is not in violation of any such law.
• 13.3 Dispute Resolution. If you believe that Matador Network has not adhered to this Agreement, please contact Matador Network by e-mailing us at: school@matadornetwork.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.
• 13.4 Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within [Santa Clara], California for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
• 13.5 Assignment. We may assign or transfer any of our rights under this Agreement (including our licenses with respect to the User Content) without your prior written consent, to any third party pursuant to a transfer of all or substantially all of our business and assets, whether by merger, sale of assets, sale of stock, or otherwise.
• 13.6 Entire Agreement. This Agreement (which includes the Privacy Policy and any other rules posted on the Website) constitutes the entire agreement between you and us regarding the use of the Website Services. 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. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. This Agreement, 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. The terms of this Agreement shall be binding upon assignees.
• 13.7 Copyright/Trademark Information. Copyright © 2010, Matador Network. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website 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.