Terms and Conditions of Service
This online personals service
(the "Service") is a way for adults to meet each other. The Service
is provided by FurryMate, whose principal office is located in Montreal,
Canada. Our postal address can be obtained by requesting it using the contact
us form.
This legal agreement
("Agreement") is made between You and Us. This Agreement, as it may
be amended from time to time, applies to all users of FurryMate.com (the
"Website")
You may not use the Service if
you are under the age of 18 or you are not able to form legally binding
contracts, or if your membership has been suspended by Us. Please read this
Agreement carefully before registering for the Service. By registering for the
Service, You become a FurryMate member (a "Member"), and You agree to
be bound by the terms and conditions of this Agreement for as long as You
continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF
THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF
THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE
TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF
THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
In this Agreement the following
terms have the following meanings unless the context requires otherwise:
"Agreement" means the
agreement between You and Us incorporating these terms and conditions for the
provision of the Service, as amended from time to time in the manner set forth
herein;
"We, Us, Our" means
FurryMate® Canada, and
"You, Your, Yourself" means the
person who registers for the Service, accepts the terms and conditions of this
Agreement and whose application for membership of the Service is accepted by
Us.
ELIGIBILITY: MINORS MAY NOT
BECOME MEMBERS. By becoming a Member, You represent and warrant that You
are at least 18 years old. By using the Service, You represent and warrant that
You have the right, authority and capacity to enter into this Agreement and to
abide by the terms and conditions of this Agreement. Your membership for the Service
is for Your sole, personal use. You may not authorize others to use Your
membership, and You may not assign or otherwise transfer Your account to any
other person or entity.
REGISTRATION AND SUBSCRIPTION: Although
You may register as a Member of the Service for free, if You wish to use the
Service to initiate most communication with other members and use certain other
elements of the Service, You must become a Subscriber and pay the fees that are
set out in Our price list. This price list is part of this Agreement and We
reserve the right, at any time, to change any fees or charges for using the
Service. To become a Member, You must register for the Service. When and if You
register to become a Member, You agree to provide accurate, current and complete
information about Yourself as prompted by Our registration form
("Registration Data"), and to maintain and update Your information to
keep it accurate, current and complete. You agree that We may rely on Your
Registration Data as accurate, current and complete. You acknowledge that if
Your Registration Data is untrue, inaccurate, not current or incomplete in any
respect, We may terminate this Agreement and Your use of the Service and, in
such event, You shall not be entitled to a refund of any unused subscription
fees. Although we aim to verify the accuracy of the information provided by Our
Members, We do not verify information in profiles, and We have no control over,
do not guarantee, and are not responsible for the quality, truth, accuracy,
legality or safety of Our Members.
TERM AND TERMINATION: This
Agreement will remain in full force and effect while You use the Service and/or
are a Member. You may terminate your membership at any time via the Websites or
by sending Us written or email notice of termination. To learn how to terminate
your membership, visit the Help section of the Websites. Either You or We may
terminate your membership by removing your profile, at any time, for any
reason, with or without explanation, effective upon sending written or email
notice to the other party. Upon such termination by Us without cause, We shall
refund, pro rata, any unused portion of any subscription payments that We have
received from You. In the event that (a) You terminate your subscription or
membership or (b) We determine, in our sole discretion, that You have violated
this Agreement or our posted Privacy Statement, You shall not be entitled to,
nor shall We be liable to You for, any refund of any unused portion of any
subscription payments We have received from You, and We may continue to bar
Your use of the Service in the future. Even after membership is terminated,
this Agreement will remain in effect.
PROPRIETARY RIGHTS: You
represent and warrant to Us that the information posted in Your profile,
including Your photograph, is posted by You and that You are the exclusive
author of Your profile and the exclusive owner of Your photographs or images.
You assign to Us, with full title guarantee, all copyright in Your profile,
Your photographs posted, and any additional information sent to Us at any time
in connection with Your use of the Service. You waive absolutely any and all
moral rights to be identified as author of Your profile and owner of Your
photograph and any similar rights in any jurisdiction in the world. In
addition, other Members may post copyrighted information, which has copyright
protection, whether or not it is identified as copyrighted. Except for that
information which is in the public domain or for which You have been given
express written permission, You will not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information. By
posting information, photographs or content on any Service, You automatically
grant, and You represent and warrant that You have the right to grant, to Us
and other members, free of charge, an irrevocable, perpetual, non-exclusive,
royalty-free, fully-paid, worldwide license to use, copy, perform, display,
promote, publish and distribute such information, content and photographs and
to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sub-licenses of the
foregoing.
YOUR USE OF THE SERVICE: As a
Member, You agree that:
(1) You will use the Service in
a manner consistent with any and all applicable laws and regulations. You will
not include in Your profile any telephone numbers, street addresses, last
names, URL's or email addresses, other than in response to Our prompts in the
personal or general information sections of the Websites. You will not engage
in advertising to, or solicitation of, other members to buy or sell any
products or services through the Service. You will not transmit any chain
letters or junk email to other members. To protect Our members against such
conduct, depending on the Website you Subscribe to, We currently limit the
number of messages that any subscriber may send in a day. You are solely
responsible for Your interactions with other members. We reserve the right, but
have no obligation, to monitor and/or mediate disputes between You and other
members.
(2) You are solely responsible
for the content or information 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 or to Us or Our employees,
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 include in Your profile any offensive language,
including but not limited to offensive anatomical or sexual references, or
offensive sexually suggestive or connotative language, and You will not post
any photos or artwork containing nudity or personal information. We reserve the right, but
We have no obligation, to reject any profile or photo that does not comply with
the prohibitions set forth in this section. We reserve the right to refuse
service to anyone, at our sole discretion.
(3) By becoming a Member, You
agree to accept and consent to receiving email communications initiated from Us
or through Us including, without limitation: message notification emails,
"Your Match" emails, emails informing you about events and parties We
organize, emails informing You of changes to the Service and emails informing
You of promotions that either We provide or that are being provided by third parties.
If you choose to respond to promotions that are provided by third parties and
in the course of doing so, disclose information to any external service
providers, and/or grant them permission to collect information about you, then
their use of your information is governed by their private policies. Message
notification emails such as "Your Match" emails, emails informing you
about events and parties We organize and emails informing You of changes to the
Service are provided by Us as part of the operation of the Service and you will
receive these messages for as long as you are Our member. Should You not wish
to receive any of Our email communications, please do not register with Us for
the Service. However, You may opt-out of receiving Email communications sent from
Us or through Us offering You third party goods or services. To learn how to do
so, visit the Help section of the Websites.
(4) You agree that We have no
responsibility or liability for the deletion, corruption or failure to store
any messages or other content maintained or transmitted by Our Service. You
acknowledge that features, parameters or other services We provide may change
at any time. You acknowledge that We reserve the right to sign out, terminate,
delete or purge Your account from the Service if it is inactive.
"Inactive" means that you have not signed in to the Service for a
particular period of time, as determined by Us, in Our sole discretion.
(5) Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the telephone or communicating with them by any other means, You agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments We have received from You.
(6) You agree not to post any copyrighted content nor copy anyone's pictures without prior expressed written consent.
We are entitled to investigate
and terminate Your membership if You have misused the Service, or behaved in a
way which could be regarded as inappropriate, unlawful or illegal. The
following is a partial, but not exhaustive, list of the types of actions that
are illegal or prohibited under this Agreement:
You will not harass or
impersonate any person or entity. You will not use any 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 express or imply that any of Your statements are
endorsed by Us, without Our specific prior written consent. You will not
interfere with or disrupt any Service or any Website, servers or networks
connected to any Service or Website. You will not post, distribute or
reproduce, in any way, any copyrighted material, trademarks, or other
proprietary information without obtaining the prior written consent of the
owner of such proprietary rights. You will not remove any copyright, trademark
or other proprietary rights notices contained in the Service or forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Service. You will not use meta tags or code
or other devices containing any reference to Us or the Service or the Website
connected to the Service in order to direct any person to any other website for
any purpose. You will not modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion of the
Service or any software used on or for the Service or cause or enable others to
do so. 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, harm or limit the functionality of any computer software or
hardware.
INDEMNITY BY MEMBER: You will
defend, indemnify, and hold Us and Our officers, directors, employees, agents
and third parties harmless, for any losses, costs, liabilities or expenses
relating to or arising out of Your use of the Service, including:
(I) Your breach of this
Agreement; (II) any allegation that any materials that You submit to Us or transmit
to the Service infringe or otherwise violate the copyright, trademark, trade
secret or other intellectual property or other rights of any third party;
and/or (III) Your activities in connection with the Service. This indemnity
shall be applicable without regard to the negligence of any party, including
any indemnified person.
RELEASE: If You have
a dispute with one or more of Our Members, you release Us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from any claims,
demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such dispute.
ONLINE CONTENT: Opinions,
advice, statements, offers, or other information or content made available through
the Service, but not directly by Us, are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely responsible for
such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE
RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR
STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE
RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE
HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE
SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE
DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF
THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE
EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY
ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS
AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY
APPLICABLE LAW.
INTELLECTUAL PROPERTY. All
intellectual property rights in and to the Service are and shall be owned by Us,
absolutely. Those rights include, but are not limited to, database rights,
copyright, design rights (whether registered or unregistered), patents,
trademarks (whether registered or unregistered) and other similar rights,
wherever existing in the world, together with the right to apply for protection
of the same. All other trademarks, logos, service marks, company or product
names set forth in the Service are the property of their respective owners.
PRIVACY: The
personal information (including sensitive personal information) You provide to
Us will be stored on computers and/or servers. You consent to the use this
information to create a profile of interests, preferences and browsing patterns
and to allow You to participate in the Service. You also agree to read, review,
comply with, uphold and maintain Our Privacy Statement and the terms and
conditions thereof. If you are located outside of the United States, please
note that the information that you provide is being sent to the United States.
By becoming a Member of the Service, you consent to your data being sent to the
United States and to such other third parties and jurisdictions as may be
involved in the provision and operation of the Service.
DISCLAIMERS: WE PROVIDE
THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND,
EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES,
OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET
YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE
DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY
AND AVAILABILITY.
Although each member must agree
to Our terms and conditions, We cannot guarantee that each member is at least
the required minimum age, nor do we accept responsibility or liability for any
content, communication or other use or access of the Service by persons under
the age of 18 in violation of this Agreement. Also, it is possible that other
members or users (including unauthorized users, or "hackers") may
post or transmit offensive or obscene materials through the Service and that
You may be involuntarily exposed to such offensive or obscene materials. It
also is possible for others to obtain personal information about You due to
Your use of the Service. Those others may use your information for purposes
other than what You intended. We are not responsible for the use of any
personal information that You disclose on the Service. Please carefully select
the type of information that You post on the Service or release to others. WE
DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR
OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH
ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
LIMITATION OF LIABILITY: IN NO EVENT
WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. WE DO NOT
CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN MEMBERS REGISTERING TO THE
SERVICE IN ANY WAY. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT,
INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES,
BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE,
INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH
AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU
MEET VIA THE SERVICE. COMPLAINTS: To resolve a complaint regarding the Service,
You should first contact Our customer service department by clicking: contact us
DISPUTE RESOLUTION: This
Agreement is governed by the laws of Canada without regard to its conflict of
law provisions. You agree to personal jurisdiction by and exclusive venue in
the state and federal courts of the Province of Quebec, City of Montreal with
regard to any and all claims by you arising out of or related to the Website. This
Agreement shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is hereby
expressly excluded.
WAIVER AND SEVERABILITY OF
TERMS: Our failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be
void, invalid or unenforceable, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision. In such case, the other provisions of this Agreement shall remain in
full force and effect.
You certify that You have read
and that You agree to be bound by the terms and conditions in this Agreement
and our Privacy Policy.
Terms and Conditions of Purchase
All purchases are subject to the following terms and conditions:
The current Subscriber and
renewal rates offered by FurryMate.com are available on the subscription page. Current Subscribers can view
their subscription plan including any applicable renewal rate and period on the
Account Information page.
Additional terms and
conditions:
1.
All purchases are final. No refund will be given for
unused portions of your subscription period.
2.
FurryMate.com guarantees that mail sent by Purchaser will
be processed by the FurryMate.com system and sent to the recipient's mailbox on
the FurryMate.com system. Notwithstanding, FurryMate.com does not guarantee a
response from the recipient nor does it make any other promises or warranties
of any kind.
3.
Purchaser hereby agrees that subscription privileges are
non-refundable in the event that Purchaser chooses to suspend or cancel his/her
membership. Furthermore, no refund will be made in the event of termination of
Purchaser's membership due to a violation of the Terms and Conditions of
service as outlined in there in. In that respect, Purchaser hereby agrees that
offensive behavior towards other members or use of foul language in the chat
room, emails to members or in Purchaser's profile will constitute sufficient
grounds for such termination of Purchaser's membership by FurryMate.com.
4.
All disputes resulting from the purchase credits, other
emailing privileges or any other purchase made within the FurryMate.com website
shall be brought to a binding arbitration in accordance with the rules of the
Better Business Bureau and all such arbitration shall take place in Montreal,
Canada.
5.
By submitting this purchase, Purchaser hereby acknowledges,
agrees and authorizes FurryMate.com to renew Purchaser's subscription,
automatically, every month, 3 month, or yearly interval, at the guaranteed renewal rate that applies to the
purchase option chosen by Purchaser, until such time as Purchaser instructs
FurryMate.com to stop the renewals. Renewals can be stopped by logging in as a
member and clicking on Settings and Cancel
subscription. Alternatively, you may use the Contact Us form to request cancellation.
6.
If you are awarded a "Gift Membership for a
Friend" that membership may only be used by someone other than yourself.
Gift Memberships expire one year after their grant date. All terms and
conditions contained on the award or subscription page or in any applicable
award email apply. Please contact Customer Service for further details.











