TERMS OF SERVICE

By creating a Pawmates account or by using any Pawmates service, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our privacy policy and safety tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement (other than the limited one-time opt out right for certain users provided for in Section 15), you should not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on Slopestylestudios.ca, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Pawmates, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

You must be at least 18 years of age to create an account on Pawmates and use the Service. By creating an account and using the Service, you represent and warrant that:

• you can form a binding contract with Pawmates,
• you are not a person who is barred from using the Service under the laws of Canada or any other applicable jurisdiction,
• you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
• you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

In order to use Pawmates, you may sign in using your Facebook login.  If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Pawmates users. For more information regarding the information we collect from you and how we use it, please consult our privacy policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Pawmates, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

Pawmates is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by tapping on the “Delete Account” button located in user settings. Deleting your individual account will delete all user associated data and information related to the individual’s profile permanently. Once deleted, it cannot be recovered by the user or by Pawmates. Users also may email support directly at pawmatesapp@gmail.com to request data deletion, to which all of their data will be manually deleted from all Pawmates files and databases. It should be noted however if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. Pawmates may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Pawmates: Section 4, Section 5, and Sections 12 through 19.

Though Pawmates strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user or their pets on or off of the Service. You agree to use caution in all interactions with other users and their pets, and understand that some animals may be volatile. No animal should be approached without the owner’s permission. You agree to use the UTMOST care when interacting with animals you do not know, and to watch out for your own pet to the best of your ability. We are not responsible for the well being, safety, or care of your pet in any circumstances. All of the above are also especially applicable if you decide to communicate off the Service or meet in person. Use good judgement at all times and always be safe when meeting people and animals. In addition, you agree to review and follow Pawmates’s Safety Tips prior to using the Service, and to stay up to date on the newest Safety Tips at all times. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. By agreeing to out terms of use, you agree that we are not held responsible in the event of any incident, regardless of any circumstances.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND THEIR PETS. YOU UNDERSTAND THAT PAWMATES DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS, BEHAVIOUR CHECKS FOR THEIR PETS, OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PAWMATES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PAWMATES RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT PAWMATES MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

Pawmates grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Pawmates and permitted by this Agreement. Therefore, you agree not to:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Pawmates’s prior written consent.
• express or imply that any statements you make are endorsed by Pawmates.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code or otherwise compromise the security of the Service.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
• “frame” or “mirror” any part of the Service without Pawmates’s prior written authorization.
• use meta tags or code or other devices containing any reference to Pawmates or the Service (or any trademark, trade name, service mark, logo or slogan of Pawmates) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
• use, access, or publish the Pawmates application programming interface without our written consent.
• probe, scan or test the vulnerability of our Service or any system or network.
• encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

By creating an account, you grant to Pawmates a worldwide, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from your Pawmates account as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Pawmates’s license to your Content shall be non-exclusive, except that Pawmates’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Pawmates would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Pawmates can prevent the use of your Content outside of the Service, you authorize Pawmates to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Pawmates users). You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Pawmates above. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service. When communicating with our customer care representatives, you agree to be respectful and kind. 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 account. In consideration for Pawmates allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Pawmates regarding our Service, you agree that Pawmates may use and share such feedback for any purpose without compensating you. You agree that Pawmates may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• use the Service for any harmful or nefarious purpose.
• use the Service in order to damage Pawmates.
• violate our community guidelines, as updated from time to time.
• spam, solicit money from or defraud any users or their pets.
• impersonate any person or entity or post any images of another person or their pets without his or her permission.
• bully, “stalk,” intimidate, assault, harass, mistreat or defame any person or pet.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group, individual or animal.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• use another user’s account, share an account with another user, or maintain more than one account.
• create another account if we have already terminated your account, unless you have our permission.

Pawmates reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Pawmates regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

Although Pawmates reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Pawmates cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.

Generally. From time to time in the future, Pawmates may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, Pawmates direct billing or other payment platforms authorized by Pawmates. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Pawmates or the third party account, as applicable, to charge you.

Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account (or Account Settings on Pawmates) and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Pawmates application from your device. Deleting your account on Pawmates or deleting the Pawmates application from your device does not cancel your subscription; Pawmates will retain all funds charged to your Payment Method until you cancel your subscription on Pawmates or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

Additional Terms that apply if you pay Pawmates directly with your Payment Method. If you pay Pawmates directly, Pawmates may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Pawmates may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting Pawmates and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Pawmates will be through MTCH Technology Services Limited.

Virtual Items. From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items.” Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Pawmates ceases providing the Service or your account is otherwise closed or terminated. Pawmates, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Pawmates may manage, regulate, control, modify or eliminate Virtual Items at any time. Pawmates shall have no liability to you or any third party in the event that Pawmates exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT PAWMATES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

To request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Pawmates. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through Pawmates directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Pawmates (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: pawmatesapp@gmail.com

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to pawmatesapp@gmail.com or by phone to 1-647-504-5720

Pawmates will terminate the accounts of repeat infringers.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Pawmates is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Pawmates is not responsible or liable for such third parties’ terms or actions.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAWMATES, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF PAWMATES HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PAWMATES’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PAWMATES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PAWMATES, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Except where prohibited by applicable law:

1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), or the Service, shall be BINDING ARBITRATION administered by the Arbitration Act of Ontario, or through the Small Claims court governed by the Small Claims Court of Ontario. But whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or other representative action or proceeding against Pawmates.
2. By accepting this Agreement, you agree to the Arbitration Agreement in this Section 15. In doing so, BOTH YOU AND PAWMATES GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and Pawmates (except for matters that may be properly taken to a small claims court and are within such court’s jurisdiction). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING, including, without limitation, any past, pending or future class actions.

Except where our arbitration agreement is prohibited by law, the laws of Ontario, Canada, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Pawmates. Notwithstanding the foregoing, the Arbitration Act of Ontario in Section 15 above shall be governed by the Arbitration Act of Ontario

Except where our arbitration agreement is prohibited by law, the laws of Ontario, Canada, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Pawmates. Notwithstanding the foregoing, the Arbitration Act of Ontario in Section 15 above shall be governed by the Arbitration Act of Ontario

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Pawmates, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

This Agreement, along with the Privacy Policy, the Safety Tips, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Pawmates regarding your relationship with Pawmates and the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Pawmates to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Pawmates account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Pawmates in any manner.