THESE TERMS AND CONDITIONS (“TERMS“) SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Malaspina Media, LLC (“MALASPINA MEDIA”, “WE”, “US”, “OUR”). PLEASE READ THIS AGREEMENT AND OUR PRIVACY POLICY https://petmatchbook.com/privacy-policy CAREFULLY PRIOR TO USING OUR WEBSITE https://petmatchbook.com, ANY RELATED SUBPAGES AND MOBILE VERSIONS (COLLECTIVELY, “PETMATCHBOOK”) OR REGISTERING FOR THE Malaspina Media PET SOCIAL MEDIA AND TRACKING SERVICE (“SERVICE(S)”).

1. Acceptance of Terms. By using the Malaspina Media application or website, or registering for the service, you are consenting to become a party to this agreement and to be bound by the terms herein, whether you are a visitor or purchaser. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, PLEASE DISCONTINUE YOUR USE OF THE SITE AND THE REGISTRATION PROCESS. YOUR CONTINUED USE OF THE SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE TERMS HEREIN.

2. Electronic Communication. The communications between you and Malaspina Media are electronic. You consent to receive communications from Malaspina Media in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

3. Right to Use; Access to PetMatchBook. Malaspina Media hereby grants you permission to use PetMatchBook, provided that: (i) you are eighteen (18) years of age or older; (ii) you are able to form a binding contract with us; (iii) you are not prohibited by law from accessing PetMatchBook or have not previously been banned, terminated or otherwise denied access to PetMatchBook by us; (iv) your use of PetMatchBook is solely for your personal, noncommercial use; (v) you will not copy, distribute or modify any part of PetMatchBook without Malaspina Media’s prior written authorization; (vi) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (vii) you will not disrupt servers or networks connected to PetMatchBook; (viii) you will not attempt to gain access to secured portions of PetMatchBook to which you do not possess access rights; (ix) you will not use PetMatchBook or Services to access or collect any personally identifiable information, including account names, email addresses, photographs or other such information for any purpose; (x) you will not use PetMatchBook’s location services for any other purposes other than to locate animals; and (xi) you comply with these Terms.

4. Registration; Your Account. You will need to register by creating an account with Malaspina Media. During the registration process, you will create a username and a password to access PetMatchBook (your “Account“) through your existing Facebook account. It is your responsibility to (i) keep your Account (including your password) confidential, and (ii) not share its use with anyone else. You are not authorized to share your Account with anyone. You are solely and entirely responsible for maintaining your username and password and for all activities that occur under your Account. You must immediately notify us of any unauthorized use of your Account. Although Malaspina Media will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Malaspina Media or others due to such unauthorized use. You represent and warrant that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it true, accurate, and complete at all times.

5. Privacy Policy. Your privacy is very important to us. The use of information or material provided by you to Malaspina Media is further detailed in our privacy policy, which is incorporated by reference herein, in its entirety, and is available at https://petmatchbook.com/privacy-policy. The privacy policy makes important disclosures about how we collect, use and protect your personal data.

6. Pet Disposition and Behavior. PetMatchBook allows users to generate descriptions of their pets’ dispositions and behaviors. Malaspina Media does not offer advice regarding the suitability or appropriateness of any description of a pet identified on PetMatchBook. Malaspina Media (including its officers, directors, employees, agents, representatives, and affiliates) expressly disclaims all responsibility and liability arising from (a) your use of or reliance on PetMatchBook or the information contained herein with regard to the behavior of any pets identified on PetMatchBook; or (b) any claims that may result directly or indirectly from your use thereof. Always consult with a pet’s owner before approaching a pet or allowing children in your care to approach a pet. Malaspina Media urges you to use caution when interacting with any pets. You agree that if you approach or interact with any pet identified on PetMatchBook, you do so entirely at your own risk.
YOU HEREBY IRREVOCABLY WAIVE ALL RIGHTS RELATED TO, AND RELEASE Malaspina Media AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM, ANY LIABILITIES ARISING FROM OR RELATED TO (I) ANY ACT OR OMISSION OF ANOTHER USER YOU CONTACT OR ENCOUNTER THROUGH PETMATCHBOOK; OR (II) ANY ACT OR OMISSION OF A USER’S PET YOU ENCOUNTER THROUGH PETMATCHBOOK.

7. Intellectual Property. Malaspina Media respects the intellectual property rights of others and requests you to do the same. PetMatchBook and the Services (including past, present, and future versions) and all content that are included in, on, or that are otherwise a part of PetMatchBook or Services (collectively, the “Content“) are owned, controlled, or licensed by Malaspina Media. The entire contents of PetMatchBook and the Services (including the Content) are copyrighted under the United States copyright laws or similar laws of other jurisdictions. Without limitation, Malaspina Media owns a copyright in the selection, coordination, arrangement, and enhancement of the Content on PetMatchBook and in the Services. Trademarks and service marks, including, without limitation, “PetMatchBook,” which appear on PetMatchBook or in the Services are the service and trademarks of Malaspina Media (“Malaspina Media Marks”). Without Malaspina Media’s prior written permission, you agree not to display or use, in any manner, any such Malaspina Media Marks. Without limitation of the preceding, you may not use any meta tags or any other “hidden text” utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of the Malaspina Media Marks by you will inure exclusively to Malaspina Media or its respective owners. The Content and Malaspina Media Marks may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Malaspina Media, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content and Malaspina Media Marks is prohibited. You agree to abide by any and all additional trademark and copyright notices, information, or restrictions contained in any part of PetMatchBook and the Services.

8. Third-Party Links. PetMatchBook and the Services or communications you receive from us may include third-party content or links to third-party websites or applications (each, a “Third Party Site”, and collectively, “Third Party Sites”) that we do not control, maintain or endorse, including but not limited to Facebook. Accessing those Third Party Sites requires you to leave PetMatchBook. We do not control the Third Party Sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of the Third Party Sites, including, without limitation, their content, policies, failures, promotions, products, services, actions or any damages, losses, failures or problems caused by, relating to or arising from the Third Party Sites. By using PetMatchBook, you expressly release Malaspina Media from any and all liability arising from your use of any Third Party Site. Accordingly, we encourage you to be aware when you have left PetMatchBook and to read the terms and conditions and privacy policy of each other website or application that you visit.

9. User Submissions; Reviews. PetMatchBook may offer you the opportunity to post reviews, comments, photos, questions, and other content (“User Content”). You agree not to post any User Content on PetMatchBook that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Malaspina Media reserves the right (but not the obligation) to remove or edit such User Content but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments, or other User Content of any kind made by you or any user of PetMatchBook are those of the respective author(s) or distributor(s) and not of Malaspina Media.
If you do post User Content or submit material, and unless we indicate otherwise, you grant Malaspina Media a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant Malaspina Media the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, and that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Malaspina Media for all claims resulting from User Content you supply. Malaspina Media takes no responsibility and assumes no liability for any User Content posted by you or any third party.

10. Termination. These Terms will continue to apply to you until terminated by either you or us. Malaspina Media may, at its sole discretion, terminate your Account or use of PetMatchBook for any reason. Malaspina Media may also, in its sole discretion and at any time, discontinue providing the Service or PetMatchBook, with or without notice. Further, you agree that Malaspina Media shall not be liable to you or any third party for any termination of your access to PetMatchBook. You may terminate the agreement and your registration with PetMatchBook at any time. In the event of termination, you agree to immediately cease access to PetMatchBook.

11. Disclaimer of Warranties. You expressly agree that the use of Malaspina Media is at your sole risk. PetMatchBook is provided on an “as is” and an “as available” basis. To the fullest extent permitted by law, Malaspina Media, its officers, directors, employees, and agents do not make, and hereby disclaim, any representations or warranties regarding the Service, PetMatchBook, and the Service offered through PetMatchBook or any portion thereof, express, implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, and timeliness of the products and services contained within PetMatchBook. In connection with PetMatchBook and your use thereof, Malaspina Media makes no representations or warranties about the accuracy or completeness of PetMatchBook’s content or the content of any Third Party Sites. No oral or written information or advice given by a Malaspina Media representative shall create a warranty. Malaspina Media assumes no liability for any: (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury or property damage, of any nature, resulting from your access to and your use of PetMatchBook; (iii) unauthorized access to or use of our secure servers and any personal or financial information stored therein; (iv) interruption or cessation of transmission to or from PetMatchBook; (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through PetMatchBook by any third party; or (vi) loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via PetMatchBook. Nothing in this Section or these Terms shall exclude or limit Malaspina Media’s warranty or liability for losses that may not be lawfully excluded or limited by applicable law if any.

12. Limitation of Liability. In no event will Malaspina Media, its officers, directors, employees, or agents be liable to you for indirect, special, incidental, punitive, or consequential (including loss of revenue, profits or data) damages arising in connection with these Terms or PetMatchBook, even if we have been advised of the possibility of such damages, and even if a remedy fails of its essential purpose. SUBJECT TO THE EXCLUSIONS OF WARRANTIES PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES, AND OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THESE TERMS AND PETMATCHBOOK WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THESE TERMS. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND VENDORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD PARTIES. SUBJECT TO THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE Malaspina Media FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY AND ANY ACTION OR INACTION BY A THIRD-PARTY.

13. Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Malaspina Media, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to PetMatchBook; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of PetMatchBook.

14. Governing Law; Jurisdiction. These terms shall be governed by the internal laws of the State of New York, without regard to its conflicts of laws principles. You agree that any dispute concerning or arising out of PetMatchBook or the Content existing thereon shall be resolved exclusively by binding arbitration before one arbitrator from the American Arbitration Association in New York County, New York. Each party shall bear his or her own legal fees and costs.

15. General; Miscellaneous. Malaspina Media reserves all rights not expressly granted in these Terms. These Terms, together with the Privacy Policy, and any other legal notices published by Malaspina Media on PetMatchBook shall constitute the entire agreement between you and Malaspina Media concerning your use of PetMatchBook and the Services. We may occasionally change the Terms, and any such modifications will become effective once they are posted to PetMatchBook. It is your sole responsibility to check PetMatchBook from time to time to review any such changes to the Terms. No purported waiver or modification of these Terms by you shall be valid. You may not assign any rights or licenses granted to you in these Terms. Nothing in these Terms shall constitute a partnership, agency relationship, or joint venture between you and Malaspina Media. You may not assign these Terms or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any term or provision be deemed invalid, void, or unenforceable either in part or in its entirety, it shall be severed and the remainder of these Terms shall remain in full force and effect.

Last updated: July 20th, 2018