Terms and Conditions
AMA is a social network for animals and their owners, to help make new friends and find a perfect match for your pet. This is our “Service”. But to use this service there are some rules that you have to oblige. Please read carefully the terms and conditions bellow.
1. Acceptance of Terms of Use
This document is a legal agreement that, along with our Privacy Policy, will govern the relationship between you and AMA (the “Agreement”).
This Agreement entails the entire agreement between you and AMA, and supersedes any prior agreements between you and AMA regarding your use of our website (www.amapets.com) (the “Site”) and its services.
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 AMA with or without notice. Your continued use of the Site will constitute your acceptance of any changes made to the Agreement or the Site.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE SERVICES IT PROVIDES.
2. Services Provided
This Agreement applies to all features and services provided by the Site, including but not limited to:
A pet-matching service (the “Match Meter”);
Interactive and community building services (the “Forum”);
AMA 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. Eligibility
By using the Site, you certify that you are at least 18 years of age.
4. Rights and Responsibilities
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 AMA, at our discretion, in the future. AMA 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.
As a User, you agree to abide by the following conditions and restrictions:
General
The AMA Website 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.
In the event that AMA terminates your account, you may not create another account without the express permission of AMA.
Information Submitted
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 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.
You agree to keep your contact information accurate and up-to-date.
You will not Post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy.
You will not Post any content that is harmful to any age demographic, gender, sexual orientation, ethnicity, race, or religion in any way.
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.
In the event that you do transmit any of the content referred above, AMA has the right to cancel your profile without notice.
You will not Post any content 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.
You will not Post any content that promotes any unlawful activity.
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.
Identity
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.
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 AMA profile. In the event that any User breaches this paragraph, AMA will not be liable for any resulting damage, loss or harm. AMA 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.
AMA is not responsible for any third party use of your account on the Site that results from theft or misappropriation of your password.
Proprietorship and Registration of Animal(s)
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.
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.
Use Limited to Services Available
You will not use the Site for any purpose other than those provided by AMA. Specifically, you will not use the Services as a platform to promote, advertise, or execute any business dealings or political views.
You shall not modify, publish, distribute or sell or in any way exploit the content of the Site without the written permission of AMA.
Assumption of Risk
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).
AMA does not guarantee that any qualities of the pets described on the Site, including but not limited to the pedigree, breed, medical history, temperament, animal pedigree registry status, or eligibility for registration 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.
Additionally, AMA does not guarantee that any qualities of the pet breeders described on the Site, including but not limited to the breeder's membership in any animal pedigree registry association or breed club are accurate.
AMA does not guarantee that you will find a match for your animal on the Site.
Users are responsible for structuring and carrying out all transactions, financial or otherwise, with other Users. AMA bears no responsibility for any loss or damage resulting from a failed transaction.
AMA implores all pet owners to abide by any legislation in force regarding the standard of care for pets. However, AMA does not conduct any investigation of the pets, pet owners, or breeders who use the Site. Users are responsible for conducting their own due diligence regarding any pets, pet owners, or breeders with whom they choose to interact through the Site or otherwise.
Harassment of Other Users
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.
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 in this Agreement.
Reporting of Violations
In the event that you become aware that another User has violated any terms of this Agreement, you will promptly notify AMA of the violation.
Monitoring and Removal of Posted Content
AMA reserves the right, at its sole discretion, to monitor and/or remove any content Posted on the Site, although AMA is not obligated to do so.
5. Termination of Access to Service
AMA 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.
6. Representations and Warranties
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. AMA 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.
AMA 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.
The materials and information accessible through this site may contain inaccuracies and typographical errors. AMA 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. AMA 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.
AMA does not represent or warrant that any of the animals posted by users on the site are registered by any animal pedigree association or are eligible to be registered.
7. Limitation of liability
In no event shall AMA 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 AMA has been advised of the possibility of such damages.
AMA 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.
If you are dissatisfied with the site and the content thereon, or the terms of use, your sole and exclusive remedy is to discontinue use of the site.
8. Indemnification
You agree to indemnify, defend, and hold harmless AMA, and any of its directors, officers, partners, and employees in any action brought against AMA 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.
AMA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AMA in providing any available defense.
AMA 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 AMA in providing any available defense.
9. Jurisdiction and Governing Law
Any disputes or legal claims involving AMA, this Site, or this Agreement, are to be resolved exclusively in Portugal and in a court of Porto. The laws of Portugal will govern any disputes or legal claims that arise in this regard. You agree to recur to the jurisdiction of Porto for the resolution of any litigation, regardless of any conflict of laws provisions or principles.
10. Intellectual Property
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 AMA. 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 AMA.
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 license, 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. Cancellation/Termination
You may cancel your account by sending notice to [email protected].
AMA reserves the right to terminate your account and access to the Services at any point without notice or reason.
12. Privacy
For information regarding AMA’s policies and practices relating to the collection, use and storage personal information please read our Privacy Policy.
You agree that AMA may disclose information that you provide to it if required to do so by law or if, in AMA’s sole discretion, it determines that such disclosure is required in order to protect or defend AMA’s rights or property, or to protect the safety of a User or their animal(s).
13. Miscellaneous
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.
14. Contact
If you have any questions regarding this Agreement, you can reach us at [email protected] or at the following address:
BYDAS
Rua de Sabrosa 91, 1ºB,
4300-458 - Porto - Portugal