Last Modified: November 19, 2024

Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings assigned to them:

1. “Ambassador” – Refers to an article author who has received compensation from the person or company whose product or service is the subject of the article, in exchange for publishing the article as a form of “native advertising.”
2. “Company” – Refers to Matrix Global LLC, a Cook Islands company, including its affiliates, licensors, officers, employees, agents, service providers, successors, and assigns.
3. “Content Standards” – The rules outlined in these Terms of Use that govern the acceptability of User Contributions on the Website. These standards ensure compliance with applicable laws and prohibit objectionable, misleading, or unlawful content.
4. “DMCA” – Refers to the Digital Millennium Copyright Act (17 U.S.C. § 512), a U.S. copyright law that provides a process for addressing copyright infringement claims.
5. “DMCA Notice” – A formal notification sent to the Company by a copyright holder, detailing alleged copyright infringement on the Website, in compliance with Section 512(c)(3) of the DMCA.
6. “Interactive Services” – Includes message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, instant messages, email messages, push notifications, member profiles, promo pages, blogs, feeds, challenges, and other features of the Website that allow users to post content.
7. “Native Advertising” – Content that resembles the format and tone of the Website’s editorial content but is created for promotional purposes and for which compensation has been provided to the Company.
8. “Privacy Policy” – The policy that outlines how the Company collects, uses, and protects user information. It can be found at this publication’s Privacy Policy page.
9. “Terms of Sale” – The additional terms and conditions that govern purchases made through the Website. These are incorporated into the Terms of Use by reference.
10. “Terms of Use” – Refers to this agreement, which governs the relationship between the user and the Company, outlining the rights and obligations of both parties concerning the use of the Website.
11. “User” or “You” – Refers to any individual or entity accessing or using the Website, whether as a guest or a registered user.
12. “User Contributions” – Refers to content or materials posted, submitted, published, displayed, or transmitted by users on or through the Website, including but not limited to text, images, videos, and audio.
13. “Website” – Refers to this website and all its content, functionality, and services, including any part of the platform accessed by users.
14. “We,” “Our,” or “Us” – Refers to the Company, Matrix Global LLC.
15. “Interactive Features” – Specific tools or components of the Website that allow users to engage with the platform or other users, including commenting, messaging, or submitting content.
16. “Native Content” – Any content created to serve as advertising or promotional material, marked by its resemblance to editorial content, for which compensation is provided to the Company.
17. “Compensating Party” – Any person or company that compensates the Company for creating or publishing promotional or native advertising content.
18. “Goodwill” – The favorable relationship or reputation built between the Company and the compensating party, often used as an incentive for future ambassadorships.
19. “Copyright Agent” – The designated individual or entity responsible for receiving DMCA Notices on behalf of the Company, as outlined in the Copyright Policy section.
20. “Due Diligence” – The reasonable steps or research a user should undertake to evaluate products, services, or claims made in articles on the Website.
21. “Cook Islands Arbitration Act 2014” – Refers to the arbitration law of the Cook Islands, which may govern dispute resolution under these Terms of Use.
22. “Denial-of-Service Attack” – A cyberattack that attempts to make a website or online service unavailable by overwhelming it with excessive traffic or data requests.
23. “Prohibited Uses” – The explicitly banned activities listed in these Terms of Use, including illegal actions, unauthorized commercial use, or attempts to harm the Website or its users.
24. “Compensating Party” – The individual or organization providing payment to the Company for native advertising or promotional content published on the Website.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Matrix Global LLC (“Company,” “we,” or “us“), a Cook Islands company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of CaliforniaObserver.com, including any content, functionality, and services offered on or through CaliforniaObserver.com (collectively, the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at CaliforniaObserver.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to all users, some of whom may be 13 years of age or younger. If you are 13 years of age or younger, by using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at CaliforniaObserver.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use  

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security  

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

– Make all arrangements necessary for you to have access to the Website.

– Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights  

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. They are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

– You may store files that are automatically cached by your Web browser for display enhancement purposes.

– You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

– If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

– If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

– Modify copies of any materials from this site.

– Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

– Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

– You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please mail your request to Ora Fiduciary (Cook Islands) Limited Global House, Avarua, Rarotonga, Cook Islands.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks  

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.