Effective Date: January 16, 2018
Blue Matador, Inc., a Delaware corporation, and its affiliates and subsidiaries (collectively, “Blue Matador”) makes information, products, and services available on this website (the “Site”), subject to the following terms and conditions of use (“Terms”). Before using this Site, please read these Terms carefully. Throughout the Terms, “we”, “us” and “our” refer to Blue Matador, and “you” or “your” refer to you personally (i.e., the individual who reads and agrees to be bound by these Terms), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access the Site.
By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site. Blue Matador provides the information, products and services on the Site to you, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of the Site constitutes your agreement with such Terms.
We reserve the right to change these Terms, in whole or in part, in our own discretion at any time. You can determine when these Terms were last revised by referring to the “Effective Date” legend at the top of these Terms. Such modifications shall be effective immediately upon the linking of modified Terms to the Site, and, if you possess an account through the Site for which you have provided an e-mail address (“Account”), by communicating the modifications to you either
(i) when you log in to the Site or
(ii) by sending the modifications to the e-mail address that you have provided to us.
You agree to comply with, and be bound by, any such modifications
(i) by continuing to use or access the Site after modified Terms are posted to the Site or
(ii) if you possess an Account, by not requesting to terminate your Account within seven (7) days after receiving a notice of modifications as described above.
In addition, your use of a particular Blue Matador service may be subject to specific guidelines or rules (“Service-specific Rules”) posted from time to time and incorporated by this reference into the Terms. If you do not accept our Terms or any Service-specific Rules, you should refrain from accessing the Site and its services. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that service and include a link to the previous version of the terms or rules.
Blue Matador reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service (or any part thereof). Blue Matador shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
The Site is controlled and operated by Blue Matador from the United States, and, except as expressly set forth herein, is not intended to subject Blue Matador to the laws or jurisdiction of any state, country or territory other than that of the United States. Blue Matador does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. Blue Matador may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction Blue Matador chooses, at any time and in Blue Matador’s sole discretion. By using the Site, you hereby certify that you are not (a) a citizen or permanent resident of any country on which the United States has embargoed goods, technology and/or services (e.g., Cuba, Iran, North Korea, Sudan, Syria, or Crimea), and (b) on any of the relevant U.S. Government Lists of prohibited or restricted persons, including but not limited to the Treasury Department's List of Specially Designated Nationals, and the Commerce Department's List of Denied Persons or Entity List, and that your use of Blue Matador products and services is in compliance with the applicable U.S. export control and economic sanctions laws and regulations. For further information on the export controls and sanctions laws see, http://www.bis.doc.gov/index.htm and http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx.
3. REGISTRATION
You may be required to register with Blue Matador in order to access certain areas of the Site. In the course of registration, you must:
(a) provide true, accurate, current and complete information on the registration form and
(b) maintain and promptly update such registration information as necessary.
If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Site (or any portion thereof) by that user. You may not use a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Blue Matador rejects for any other reason in its sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to lend or transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interactions with the Site that occur in connection with your password or user name. You agree to notify Blue Matador immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. Blue Matador is not liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to
(a) immediately notify Blue Matador of any unauthorized use of his or her password or account or any other breach of security and
(b) ensure that he or she “logs off”/exits from his or her account at the end of each session.
Any software that is made available to download by or through this Site (“Software”) is the copyrighted work of Blue Matador, its suppliers and/or its licensors. Your rights to access, download, and use any Software made available for download from the Site will be subject to your agreement to the terms and conditions of the software license agreement identified on the site and/or in the Software (each, a “License Agreement”). You may not install any Software that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software. Any reproduction, redistribution or other use or exploitation of the Software not in accordance with the License Agreement and/or these Terms is expressly prohibited by law, and may result in civil and criminal penalties.
Unless otherwise specifically noted, the information, content, data, text, graphics, images, videos, documents and other materials made available through the Site (“Content”) are and shall remain the property of Blue Matador, its licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Subject to your compliance with these Terms, solely for so long as you are permitted by Blue Matador to access and use the Site, and provided that you keep intact all copyright and other proprietary notices, you may
(a) view any Content on any single computer solely for personal, informational, non-commercial purposes, and
(b) download and print the materials that Blue Matador specifically makes available for downloading (such as white papers or user documentation) from this Site solely for personal, informational, non-commercial purposes, provided that such Content may not be modified or altered in any way. Unless otherwise specifically permitted for any particular Content, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan, sell, distribute, or create derivative works based on, the Site or any Content, in whole or in part, without the express prior written authorization of Blue Matador.
Your rights to access, use, copy and distribute any user and community-generated information or content (including other users’ Contributions, as defined below, or third-party apps, collectively “Community Content”) is subject to the relevant terms and conditions or license agreement attached to such Community Content. If there are no specific terms and conditions or license agreement attached to such Community Content, the licenses and restrictions under Section 4.2 above will apply.
Elements of the Site are protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Site may be copied or retransmitted unless expressly permitted in writing by Blue Matador. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Blue Matador’s or its suppliers’ trade names, trademarks or service marks without Blue Matador’s express prior written consent. “Blue Matador” and other Blue Matador logos, trademarks, service marks, and product and service names are the intellectual property of Blue Matador.
Your submission of information through the Site is governed by Blue Matador’s Privacy Policy (the “Privacy Policy”) and is hereby incorporated into these Terms by this reference. By accepting these Terms you agree to our collection, use, and disclosure of your information as described in the Privacy Policy.
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is or becomes false, inaccurate, obsolete or incomplete, Blue Matador may terminate your use of the Site.
Unless otherwise specifically agreed to by you and Blue Matador, by uploading, e-mailing, posting, publishing or otherwise transmitting information, sample data, event types, tags, comments, suggestions, content or other materials to the Site or Blue Matador (each a “Contribution”), you hereby acknowledge that such Contribution is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to Blue Matador a perpetual, irrevocable, world-wide, non-exclusive, sublicensable, fully paid-up and royalty-free license to use, make, have made, offer for sale, sell, copy, distribute, perform, display (whether publicly or otherwise), modify, adapt, publish and transmit such Contributions in any form, medium, or technology now known or later developed, and to grant to others rights to do any of the foregoing. In addition, you warrant that all so-called moral rights in the content have been waived. For each Contribution, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this Section, and that such Contribution, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
Blue Matador will not pre-screen or review Contributions, but Blue Matador reserves the right to refuse or delete any Contributions in its discretion. You acknowledge and agree that Blue Matador reserves the right (but has no obligation) to do one or more of the following in its discretion, without notice or attribution to you:
(i) monitor Contributions as well as your access to the Site;
(ii) alter, remove, or refuse to post or allow to be posted any Contribution; and/or
(iii) disclose any Contributions, and the circumstances surrounding their transmission, to any third party in order to operate the Site, in order to protect Blue Matador, its suppliers or licensees and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Blue Matador disclaims any responsibility for the Contributions displayed on its Site. Blue Matador assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Contributions or other user information or personalization settings.
Blue Matador does not control the Community Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Community Content. Under no circumstances will Blue Matador be liable in any way for any Community Content, including, but not limited to, liability for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of such content. By using the Site, you may be exposed to Community Content that is offensive, indecent or objectionable. You must evaluate, and bear all risks associated with, the use of such content, including any reliance on the accuracy, completeness, or usefulness of such content.
If you wish to purchase our products and services, for your convenience, we may provide links on the Site to a web store or e-commerce platform where you can make such purchases. Please be aware that the web store or e-commerce platform may be hosted, operated or managed by a third party, and may be governed by such third party’s website terms and conditions and privacy policy. We encourage you to read carefully those third-party terms and conditions and privacy policy prior to making any purchases. These Terms do not govern, and we are not responsible or liable for, your interaction with such third-party managed web store or e-commerce platform.
While using the Site you will comply with all applicable laws, rules and regulations. In addition, Blue Matador expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Site pursuant to Section 13 (Termination). You agree that you will not:
Post, transmit, or otherwise make available, through or in connection with the Site:
You may find links to other websites on the Site. Those links will let you leave Blue Matador’s site. Blue Matador exercises no control whatsoever over such third-party websites and any contents or web-based resources found on those third-party sites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon or any updates or changes thereto. Blue Matador is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Blue Matador of any linked sites. Blue Matador shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of those websites, including your use of any content, information, data, advertising, products, or other materials on or available through such websites, is solely at your own risk is subject to the terms and conditions of use and privacy policy(ies) applicable to such sites and resources. The Blue Matador Privacy Policy is applicable only when you are on the Site. Once you choose to be directed to another website, you should read that website’s privacy statement before disclosing any personal information.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. BLUE MATADOR AND/OR ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BLUE MATADOR MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) ANY USER ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY BLUE MATADOR.
IN NO EVENT SHALL BLUE MATADOR AND/OR ITS SUPPLIERS/LICENSORS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFITS OR OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE (HOWEVER ARISING, INCLUDING CONTRACT, EQUITY, NEGLIGENCE OR OTHER TORTIOUS ACTION) EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. THE MAXIMUM LIABILITY OF BLUE MATADOR AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS/SUPPLIERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BLUE MATADOR TO ACCESS AND USE THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event that you have a dispute with one or more Site users, you release Blue Matador (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “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.”
To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Blue Matador, its licensors/suppliers and their respective officers, directors, employees and agents from any and all claims (including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission), demands, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or in connection with: (1) any of your Contributions, including an assertion that the information, content, or other materials or services provided or made available by you or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or misappropriate any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms including the Rules of Conduct set forth in Section 7; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site. The foregoing indemnities shall survive expiration or termination of these Terms.
13. TERMINATION
Blue Matador may, in its sole discretion, at any time for any reason or no reason, terminate your access to this Site and any account(s) you may have in connection with this Site, including if Blue Matador believes that you have violated or acted inconsistently with the letter or spirit of these Terms or if it is required by applicable law, regulation, court or governing agency order.
Our termination of any user’s access to the Site hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user’s account and/or bar any further access to such files, and your right to use the Site will immediately cease. Blue Matador shall not be liable to you or any third party for any termination of your access to the Site or account hereunder.
Blue Matador respects the intellectual property rights of others and asks that the people who use the Site do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Blue Matador a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Blue Matador a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
Blue Matador, Inc.
Legal Department
PO Box 1578
Riverton, UT 84065-1578
legal@bluematador.com
We encourage you to consult your legal advisor before filing a notice or counter-notice.
The Terms constitute the entire agreement between you and Blue Matador with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Blue Matador with respect to this Site. The Terms and the relationship between each user and Blue Matador shall be governed by the laws of the State of Utah without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Salt Lake, Utah. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Blue Matador’s express prior written consent. No provision of these Terms is intended for the benefit of any third party, and the parties do not intend that any provision should be enforceable by a third party either under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If you have any general question, comment or complaint regarding the Site, please send an e-mail to legal@bluematador.com. Formal notices to Blue Matador under these Terms (including a report of any violation of the Terms by any user) shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to: Blue Matador, Inc., Attention: Legal Department, PO Box 1578, Riverton, UT 84065-1578, with a copy to legal@bluematador.com. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Blue Matador's discretion. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
