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Welcome to MatchMyPet.com, the world largest
community of pet’s owner who looking to meet each other online and to introduce
their pets to the world (wide web), operated by MatchMyPet.com.
("MMP"). By using the MatchMyPet.com Website, (the
"Website") you agree to be bound by these Terms of Use (this
"Agreement"), whether or not you register as a member of MatchMyPet.com ("Member"). If you
wish to become a Member and make use of the MatchMyPet.com service (the
"Service"), please read these Terms of Use. If you object to anything
in this Agreement or the MatchMyPet.com Privacy Policy, do not use the Website
or the Services provided by it. The Terms of Use are subject to change by
MatchMyPet.com at any time, effective upon posting on the MatchMyPet.com
website, and your use of the Service after such posting will constitute
acceptance by you of such changes.
Acceptance of Terms of Use Agreement.
§
Electronic Agreement. This
Agreement is an electronic contract that sets out the legally binding terms of
your use of the Website and your membership in the Service. This Agreement may
be modified by MatchMyPet.com from time to time, such modifications to be
effective upon posting by MatchMyPet.com on the Website. This Agreement
includes MatchMyPet.com's Acceptable Use Policy for Content Posted on the
Website, MatchMyPet.com's Privacy Policy, and any notices regarding the
Website. By accessing the Website or becoming a Member, you accept this
Agreement and agree to the terms, conditions and notices contained or
referenced herein.
§
Electronic Form. By accessing the
Website or becoming a Member, you consent to have this Agreement provided to
you in electronic form.
§
Access and Retention. In order to
access and retain this electronic Agreement, you must have access to the World
Wide Web, either directly or through devices that access web-based content, and
pay any service fees associated with such access. In addition, you must use all
equipment necessary to make such connection to the World Wide Web, including a
computer and modem or other access device. Please print a copy of this document
for your records. To retain an electronic copy of this Agreement, you may save
it into any word processing program. Via, the Website, we will notify you of
any changes in the hardware or software requirements needed to access and/or
retain this Agreement that create a material risk that you will not be able to
continue to access and/or retain this electronic Agreement.
2. Spouse to register as a member of MatchMyPet.com
or use the Website. Membership in the Service is void where prohibited. By
using the Website, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement.
3. Membership and Subscription; Pricing. You may
become a Member of the Service at no cost. As a Member, you will have the
ability to participate in some, but not all, of the features and services
available within the Service. In order to access additional features and
services, including the ability to communicate with other Members, you must
become a paying subscriber to the Service. Please see Subscribe for a
description of the current subscription plans and their prices. Please note
that the subscription policies that are disclosed to you in subscribing to the
service are deemed part of this Agreement. Please see Billing Details for a
description of such policies. For purposes of this Agreement the term “Member”
includes subscribers, unless where its usage indicates otherwise. From time to
time, MatchMyPet.com may remove the profiles of non-subscribers.
4. Term. This Agreement will remain in full force
and effect while you use the Website and/or are a Member. You may terminate
your membership and/or subscription at any time, for any reason, by following
the instructions on the Resign pages in Account Settings, or by sending
MatchMyPet.com written notice of termination to MatchMyPet.com, P.O. Box 940689, Plano,
TX 75094
or email notice of termination to customercare@MatchMyPet.com. If you terminate
your subscription, your subscription will remain active unless you send an
E-mail to customercare@matchmypet.com. MatchMyPet.com may terminate your
membership and/or subscription by sending notice to you at the email address
you provide in your application for membership, or such other email address as
you may later provide to MatchMyPet.com. If MatchMyPet.com terminates your
membership in the Service because you have breached this Agreement, you will
not be entitled to any refund of unused subscription fees. All decisions
regarding the termination of accounts shall be made in the sole discretion of
MatchMyPet.com. MatchMyPet.com is not required to provide you notice prior to
terminating your membership and/or subscription. MatchMyPet.com is not
required, and may be prohibited, from disclosing a reason for the termination
of your account. Even after your membership or subscription is terminated, this
Agreement will remain in effect. All terms that by their nature may survive
termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members. The Website is for
the personal use of individual Members only and may not be used in connection
with any commercial endeavors. Organizations, companies, and/or businesses may
not become Members and should not use the Service or the Website for any
purpose. Illegal and/or unauthorized uses of the Website, including collecting
usernames and/or email addresses of members by electronic or other means for
the purpose of sending unsolicited email and unauthorized framing of or linking
to the Website may be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress. Use of
the Website is with the permission of MatchMyPet.com, which may be revoked at
any time, for any reason, in MatchMyPet.com’s sole discretion.
6. Account Security. You are responsible for
maintaining the confidentiality of the username and password that you designate
during the Registration process, and you are fully responsible for all
activities that occur under your username and password. You agree to (a)
immediately notify MatchMyPet.com of any unauthorized use of your username or
password or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. MatchMyPet.com will not be liable for
any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may
wish to consider disabling your auto-sign in feature if you have linked your
Microsoft .Net Passport or AOL Screen Name to your MatchMyPet.com account.
7. Your Interactions with Other Members. You are
solely responsible for your interactions with other Members. You understand
that MatchMyPet.com does not in any way screen its Members, nor does
MatchMyPet.com inquire into the backgrounds of its Members or attempt to verify
the statements of its Members. MatchMyPet.com makes no representations or
warranties as to the conduct of Members or their compatibility with any current
or future Members. In no event shall MatchMyPet.com be liable for any damages
whatsoever, whether direct, indirect, general, special, compensatory,
consequential, and/or incidental, arising out of or relating to the conduct of
you or anyone else in connection with the use of the Service, including without
limitation, bodily injury, emotional distress, and/or any other damages
resulting from communications or meetings with other registered users of this Service
or persons you meet through this Service. You agree to take reasonable
precautions in all interactions with other Members of the Service, particularly
if you decide to meet offline or in person. In addition, you agree to review
MatchMyPet.com Dating Safety Tips prior to using the Service. You understand
that MatchMyPet.com makes no guarantees, either express or implied, regarding
your ultimate compatibility with individuals you meet through the Service. You
should not provide your financial information (for example, your credit card or
bank account information) to other Members.
8. Content on
MatchMyPet.com.
- (a)
Proprietary Rights. MatchMyPet.com owns and retains all proprietary rights in
the Website and the Service. The Website contains the copyrighted material,
trademarks, and other proprietary information of MatchMyPet.com, and its
licensors. Except for that information which is in the public domain or for
which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
- (b) Reliance on Content, Advice, Etc. Opinions,
advice, statements, offers, or other information or content made available
through the Service, but not directly by MatchMyPet.com, are those of their
respective authors, and should not necessarily be relied upon. Such authors are
solely responsible for such content. MatchMyPet.com does not: (i) guarantee the
accuracy, completeness, or usefulness of any information on the Service, or
(ii) adopt, endorse or accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party that appears on the
Website. Under no circumstances will MatchMyPet.com or its affiliates be
responsible for any loss or damage resulting from your reliance on information
or other content posted on the Website or transmitted to or by any Members.
9. Content Posted by You on MatchMyPet.com.
a. You are
solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members. You will not
post on the Service, or transmit to other Members, any defamatory, inaccurate,
abusive, obscene, profane, offensive, sexually oriented, threatening,
harassing, racially offensive, or illegal material, or any material that
infringes or violates another party's rights (including, but not limited to,
intellectual property rights, and rights of privacy and publicity). You will
not provide inaccurate, misleading or false information to the Company or to
any other Member. If information provided to MatchMyPet.com, or another Member,
subsequently becomes inaccurate, misleading or false, you will promptly notify
MatchMyPet.com of such change.
b. You
understand and agree that MatchMyPet.com may review and delete any content,
messages, double-blind emails, photos or profiles (collectively,
"Content"), in each case in whole or in part, that in the sole
judgment of MatchMyPet.com violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
Members.
c. By posting
Content to any public area of MatchMyPet.com, you automatically grant, and you
represent and warrant that you have the right to grant, to MatchMyPet.com, its
affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, reproduce, adapt,
modify and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and to
grant and authorize sublicenses of the foregoing. You further represent and
warrant that public posting and use of your content by MatchMyPet.com will not
infringe or violate the rights of any third party.
d. The
following is a partial list of the kind of Content that is illegal or
prohibited on the Website. MatchMyPet.com reserves the right to investigate and
take appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending
communication from the Service and terminating the membership of such
violators. It includes, but is not limited to, Content that:
- is patently offensive to the online community, such
as Content that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail",
"chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false,
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another
person’s copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated images, audio or video, or links to pirated
images, audio or video files;
- contains restricted or password only access pages,
or hidden pages or images (those not linked to or from another accessible
page);
- provides any material that exploits people for a sexual or violent manner, or solicits
personal information from anyone.;
- provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying
information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
e. Your use
of the Service, including but not limited to the Content you post on the
Service, must be in accordance with any and all applicable laws and
regulations.
f. You may
not include in your Member profile any telephone numbers, street addresses,
last names, URLs or email addresses.
g. You may
not engage in advertising to, or solicitation of, other Members. This includes
but is not limited to solicitation or advertising to buy or sell any products
or services through the Service or to attend parties or other social functions
or networking for commercial purposes. You may not transmit any chain letters
or junk email to other Members. Although MatchMyPet.com cannot monitor the
conduct of its Members off the Website, it is also a violation of these rules
to use any information obtained from the Service in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
any Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, we reserves the right to
restrict the number of emails which a Member may send to other Members in any
24-hour period to a number which we deem appropriate in our sole discretion.
h. All
information you include in your Member profile must be accurate, current and
complete.
10. Prohibited Activities. MatchMyPet.com reserves
the right to investigate and terminate your membership if you have misused the
Service, or behaved in a way which could be regarded as inappropriate or whose
conduct is unlawful or illegal. The following is a partial list of the type of
actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass
any person.
- You will not express or imply that any statements
you make are endorsed by MatchMyPet.com without our specific prior written
consent.
- You will not use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, "data mine", or in any way reproduce or circumvent
the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any
way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or
other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services
or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information transmitted
through the Service.
- You will not "frame" or "mirror"
any part of the Service or the Website, without MatchMyPet.com’s prior written
authorization. You also shall not use meta tags or code or other devices
containing any reference to MatchMyPet.com or the Service or the site in order
to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate,
sell, reverse engineer, decipher, decompile or otherwise disassemble any
portion of the Service or the Website or any software used on or for the
Service or cause others to do so.
11. Customer Service. MatchMyPet.com provides assistance
and guidance through its customer care representatives. When communicating with
our customer care representatives, you may not to be abusive, obscene, profane,
offensive, sexist, threatening, harassing, racially offensive, or otherwise
behave inappropriately. If we feel that your behavior towards any of our
customer care representatives or other employees is at any time threatening or
offensive, we reserve the right to immediately terminate your membership and
you will not be entitled to any refund of unused subscription fees.
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