1.2 The Agreement entails the entire agreement between you and MATCHMAKER PET, and supersedes any prior agreements between you and MATCHMAKER PET regarding your use of our website (www.matchmakerpet.com) (the “Site”) and its services.
1.3 Your use of the Site constitutes your acceptance of the Agreement. This Agreement, and the services provided by the Site, may be amended at any time at the discretion of MATCHMAKER PET, with or without notice. Your continued use of the Site will constitute your acceptance of any changes made to the Agreement or the Site.
1.4 IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES IT PROVIDES.
2. Services Provided
2.1 This Agreement applies to all features and services provided by the Site, including but not limited to:
a. A pet-matching service (the “Pet-Matching Service”);
b. Interactive and community building services (the “Pet Forum”); and
c. An online store (the “Pet Shop”) (collectively, the “Services”)
2.2 MATCHMAKER PET reserves the right to, at any time, remove services from the Site, add services to the Site, or revise the existing Services. This Agreement will apply to any new or revised services (included in the term “Services”).
3.1 By using the Site, you certify that you are at least 18 years of age.
3.2 By using the Site, you certify that you have not been convicted of a felony. MATCHMAKER PET does not currently conduct criminal background screenings on its members. However MATCHMAKER PET reserves the right to conduct a criminal background check on any user of the Site or any of the Services (collectively, a “User”) to ensure compliance with this section. In the event that you are found to have violated this section, MATCHMAKER PET has the right to cancel your account without notice, and to prohibit you from accessing the Services. MATCHMAKER PET is further entitled to disclose on the Site your name or any other personal information deemed necessary to protect other Users of the Site and their animals.
4. Rights and Responsibilities
4.1 Your right to use the Site is subject to any conditions and restrictions contained in this Agreement, and any other conditions and restrictions that may be established by MATCHMAKER PET, at our discretion, in the future. MATCHMAKER PET may, in our sole discretion, terminate or suspend your access to all or part of the services of the Site at any time, with or without notice, for any reason, including, but not limited to, breach of this Agreement.
4.2 As a User, you agree to abide by the following conditions and restrictions:
(i) This Site may only be used for lawful purposes. You agree not to use this Site in any way that would undermine its functioning and/or disrupt the service for other Users.
(ii) In the event that MATCHMAKER PET terminates your account, you may not create another account without the express permission of MATCHMAKER PET.
b. Information Submitted
(i) Any information you make available on the Site must be submitted truthfully and accurately, to the best of your ability. You will not forge, falsify, or invent any information or documents required to use the Site. You are solely responsible for, and assume all liability regarding any information that you publish, email, transmit or otherwise make available (collectively, “Post”) on the Site.
(ii) You agree to keep your contact information accurate and up-to-date.
(iii) You will not Post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy.
(iv) You will not Post any content that is harmful to any age demographic, gender, sexual orientation, ethnicity, race, or religion in any way.
(v) You will not Post any content that constitutes “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement. You will not Post any content that contains computer viruses, time bombs, Trojan horses, cancelbots, worms, or other harmful or disruptive codes, components or devices.
(vi) In the event that you do transmit any of the content referred to in paragraph 4.2(b)(iv), above, MATCHMAKER PET has the right to cancel your profile without notice. Furthermore, you admit that such transmission will cause substantial harm to MATCHMAKER PET and you agree to pay $50.00 to MATCHMAKER PET per transmission.
(vii) You will not Post any content that that is confidential or that is subject to the copyright of another person without obtaining permission from the owner of the proprietary rights in such content.
(viii) You will not Post any content that promotes any unlawful activity.
(ix) You will not Post any photograph of another person, animal or entity, or content that includes personal or identifying information about another person, animal or entity without their express written consent. In the case of an animal, without the express written consent of the animal’s owner.
(i) In using the Site, you will not impersonate any person or entity. You will not engage in dealings using the Site or the Services on behalf of any other person or entity without their express written consent.
(ii) You agree that you will not Post or otherwise make available any contact information including, but not limited to email address, personal website address, or telephone number on your publicly posted MATCHMAKER PET profile. In the event that any User breaches this paragraph, MATCHMAKER PET will not be liable for any resulting damage, loss or harm. MATCHMAKER PET reserves the right, but is in no way obligated, to remove any contact information from a User’s profile or to terminate the User’s account.
(iii) MATCHMAKER PET is not responsible for any third party use of your account on the Site that results from theft or misappropriation of your password.
d. Proprietorship and Registration of Animal(s)
(i) You may only use the Site if you are the full legal owner of the animal(s) you seek to represent, beginning at the time that you begin using the Site and the Services and continuing throughout the duration of your use.
(ii) Any animal(s) you represent to the Site must be appropriately registered with the municipal authority that has jurisdiction over your location or residence, at the time that you begin using our website and its services and continuing throughout the duration of your use.
e. Use Limited to Services Available
(i) You will not use the Site for any purpose other than those provided by MATCHMAKER PET. Specifically, you will not use the Services as a platform to promote, advertise, or execute any business dealings or political views.
(ii) You shall not modify, publish, distribute or sell or in any way exploit the content of the Site without the written permission of MATCHMAKER PET.
f. Assumption of Risk
(i) You assume all risk when using the Site, including but not limited to all of the risks associated with any online or offline interaction with other Users and their animal(s). You agree to take all necessary precautions when meeting other Users and their animal(s).
(ii) MATCHMAKER PET does not guarantee that any qualities of the pets described on the Site, including but not limited to the pedigree, breed, medical history, or temperament are accurate. You bear the risk that an animal has not been truthfully described and agree to take whatever precautions you deem necessary to ensure that the qualities of the animal are to your satisfaction.
(iii) MATCHMAKER PET does not guarantee that you will find a match for your animal on the Site.
(iv) Users are responsible for structuring and carrying out all transactions, financial or otherwise, with other Users. MATCHMAKER PET bears no responsibility for any loss or damage resulting from a failed transaction.
g. Harassment of Other Users
(i) You will not communicate with other Users on the Site unless you have a genuine interest in engaging with them under the terms and conditions of this Agreement.
(ii) You will not contact any User who has requested not to be contacted, nor will you make unsolicited contact with any User for any commercial purpose not specified by section 2 of this Agreement.
h. Reporting of Violations
(i) In the event that you become aware that another User has violated any terms of this Agreement, you will promptly notify MATCHMAKER PET of the violation. i. Monitoring and Removal of Posted Content
(i) MATCHMAKER PET reserves the right, at its sole discretion, to monitor and/or remove any content Posted on the Site, although MATCHMAKER PET is not obligated to do so.
j. Termination of Access to Service
(i) MATCHMAKER PET reserves the right, at its sole discretion, to terminate or suspend any User’s access to all or part of the Site at any time, with or without notice, for any reason.
5. Third Party Web Sites and Advertiser Dealings
5.1 The Site may contain links to other websites. These links will be provided for your convenience. The links do not certify that MATCHMAKER PET endorses the linked website(s). MATCHMAKER PET has no responsibility for the content of the linked website(s), or your interaction with that website.
5.2 MATCHMAKER PET is not responsible for the content of any advertisement displayed on the Site. Any interaction and dealings that you make with a third party, by clicking on an advertisement displayed on the Site or otherwise, is made entirely at your own risk and responsibility.
5.3 You agree that MATCHMAKER PET is not responsible or liable for any loss or damage that you incur from any dealings that you make with a linked website(s) or advertisement displayed on the Site.
5.4 In order to create a link to the Site from another website, you must obtain express written permission from MATCHMAKER PET.
5.5 In order to have a website, product, or service displayed, featured, or linked to on the Site, you must contact MATCHMAKER PET and submit a formal request through the “Advertise With Us” section of the Site.
6. Representations and Warranties
6.1 THIS SITE, THE MATERIALS AND THE INFORMATION ACCESSIBLE THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. MATCHMAKER PET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD THERETO, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. MATCHMAKER PET DOES NOT WARRANT THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR FREE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
6.2 THE MATERIALS AND INFORMATION ACCESSIBLE THROUGH THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. MATCHMAKER PET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR INFORMATION ACCESSIBLE ON OR THROUGH THIS SITE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. MATCHMAKER PET ASSUMES NO RESPONSIBILITY FOR THE ACCURACY AND COMPLETENESS OF ANY POSTING. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OF THE FOREGOING SHALL BE AT YOUR SOLE RISK.
7. Limitation of Liability
7.1 IN NO EVENT SHALL MATCHMAKER PET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, RELIANCE, SPECIAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES OR HARM TO PET OR BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS) RELATED TO THE USE OF, OR THE INABILITY TO USE THIS SITE, ITS CONTENTS OR MATERIAL AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT MATCHMAKER PET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 MATCHMAKER PET IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY INTERACTIONS OR ARRANGEMENTS MADE AMONG OR BETWEEN USERS OF THE SITE. ANY AGREEMENTS MADE BETWEEN USERS VIA THE SERVICES PROVIDED BY THE SITE ARE MADE ENTIRELY AT THE DISCRETION AND RISK OF THE USERS.
8.1 You agree to indemnify, defend, and hold harmless MATCHMAKER PET, and any of its directors, officers, partners, and employees in any action brought against MATCHMAKER PET for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from your use of, or inability to properly use, the Site and its Services, including non-compliance with this Agreement.
8.2 MATCHMAKER PET reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MATCHMAKER PET in providing any available defence.
8.3 MATCHMAKER PET has the right to enjoin you to any legal action brought against it as a result of your actions, in which event you will fully cooperate with MATCHMAKER PET in providing any available defense.
9. Jurisdiction and Governing Law
9.1 Any disputes or legal claims involving MATCHMAKER PET, this Site, or this Agreement, are to be resolved exclusively in the province of Ontario and in a court of Ontario. The laws of the province of Ontario will govern any disputes or legal claims that arise in this regard. You agree to attorn to the jurisdiction of Ontario for the resolution of any litigation, regardless of any conflict of laws provisions or principles.
10. Intellectual Property
10.1 As a User, you agree to abide by the following conditions and restrictions:
a. Copyright This Site, including all material and photographs posted thereon, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of any material Posted on the Site.
b. Trade-mark Certain words, phrases, names, designs, logos, slogans, images, trade names, and trade-marks used on this Site are the properties of MATCHMAKER PET. You may not use, reproduce, copy or manipulate any such words, phrases, names, designs, logos, slogans, images, marks trade names, and trade-marks without the prior written consent of MATCHMAKER PET.
c. Exploitation Subject to the rights expressly granted to you under this Agreement, you may not copy, reproduce, modify, publish, display, perform, distribute or participate in the transfer or sale of, or create derivative works from, translate, download, grant under licence, or in any other way exploit, any item obtained from or available as part of this Site (including any software), in whole or in part.
11.1 You may cancel your account by sending notice to MATCHMAKER PET, 410-245 Carlaw Ave. Toronto, ON, M4M 2S1 or to firstname.lastname@example.org. Where, at the time of cancellation, a fee has been paid for a Service, such fee is non-refundable. Where billing for Services is periodic, fees in respect of the unused portion of the current Service period are non-refundable.
11.2 MATCHMAKER PET reserves the right to terminate your account and access to the Services at any point without notice or reason.
11.3 In the event that MATCHMAKER PET terminates your account and access to the Services as a result of your breach of this Agreement, you agree that any fees paid to MATCHKMAKER PET are non-refundable and all outstanding or pending payments will immediately become due.
12.1 MATCHMAKER PET automatically renews all paid subscriptions for Services 24 hours before such Services expire. Renewal subscriptions will be of the same duration as the subscription being renewed. In the event that you do not wish MATCHMAKER PET to renew your subscription, you may cancel or modify your account by sending notice to MATCHMAKER PET, 410-245 Carlaw Ave. Toronto, ON, M4M 2S1 or email@example.com.
13.2 You agree that MATCHMAKER PET may disclose information that you provide to it if required to do so by law or if, in MATCHMAKER PET’s sole discretion, it determines that such disclosure is required in order to protect or defend MATCHMAKER PET’s rights or property, or to protect the safety of a User or a User’s animal(s).
14.1 If any provision of this Agreement is found to be invalid or otherwise unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable.
If you have any questions regarding this Agreement, you can reach us at firstname.lastname@example.org or at the following address: