Terms & Conditions

TERMS OF USE FOR The Ashley Madison Agency, Limited. TM SERVICES (Ashley Madison Agency, Limited)

THIS AGREEMENT WAS LAST UPDATED ON: February 15th, 2008.

When you sign up for any service within the Ashley Madison Agency, Limited you agree to all of the terms and conditions of this Agreement.

Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to place your personal Ad Profile. By using the Service after November 12, 2001, you are agreeing to be bound by this Agreement, including all amendments made to date.

User Agreement
This Agreement constitutes your agreement with the Ashley Madison Agency, Limited "For Attached Women & The Men Who Want to Meet Them" ("Ashley Madison Agency, Limited") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means the Ashley Madison Agency, Limited or any successor or assign of the Ashley Madison Agency, Limited.

Right to Use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:

  1. You represent, warrant and covenant that you are at least 18 years of age.

  2. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

  3. you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;

  4. you will not forward chain letters through the Service;

  5. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

  6. you will not post messages, pictures or recordings or use the Service in any way which:

    1. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or

    2. is fraudulent or otherwise unlawful or violates any law; and

  7. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

  8. You will not use the Service to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Service, the Ashley Madison Agency, Limited systems or to other members' systems in any way.

Categories
Users of the Service may become "Guests" or "Full Members" of the Service. Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. Full Members are provided with access to additional features of the Service that are not available to Guests. Full Members are not charged by us for the features that are free to Guests. Certain additional features of the Service made available to Full Members are also free of charge. Certain other features of the Service are "paid features", for which a Full Member is charged.

Fees and Payments
Guests of the Service are required to set up an "Ad Profile" in order to access the service. To activate additional features of the service, Guests may purchase an Introductory, Standard, Premium credit package or a 3 month flat rate Ultimate Full Membership (Unlimited mail-messaging & bonus credits). A member may pay via credit card, cash, cheque (Canada) / check (U.S.) or any other method the Company may accept as payment of account, in accordance with our pricing policy for Full Memberships as posted on our website under the "Buy Credits" section. All funds are quoted in United States or Canadian Currency. In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with their purchase. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge for our service at our sole discretion. Once we have confirmed receipt of your payment, we will credit your account with the number of months and/or credits purchased. Where we receive payment for an incorrect amount or non-US$ we will credit your account with a pro-rated number of credits based on the funds received, converted to US$ at a reasonable market exchange rate at the time of processing. Time will lapse automatically on your account and will be automatically deducted as you use the Service. You can confirm the expiry date of your account and any account balance at any time by clicking on "Manage Profile" or by using the Contact Form and providing us with your Ad Profile Number and account details. A Full Member whose account has lapsed or who has no remaining credits will remain a Guest Member, but can not access "paid features" until additional time is purchased. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused balance is immediately forfeited. Once successfully posted, we may monitor your account for usage and compliance of this agreement.

THE PURCHASE OF INITIAL AND RECURRING FULL MEMBER PACKAGES ARE NON-REFUNDABLE. Accounts may not be transferred from one client of the Service to another client. Fees are not refundable under any circumstance but can be used by you at any time. WE WILL NEVER AUTOMATICALLY RE-BILL YOU.
You agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You are also responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD OR BANK ACCOUNT BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

Refund Policy
THE PURCHASE OF INITIAL AND RECURRING CREDITS IS NON-REFUNDABLE. Any refunds provided for is at the sole discretion of the Ashley Madison management.

Accessing and Updating Your Email Notification Preferences, Personal Information and Public Information
You have the opportunity to opt-out of certain communications and modify personal information or demographic information you have provided to us, and to hide information visible to the public users of the Ashley Madison Web Site System at anytime by going to the 'Manage Profile' or 'Message Center' sections of the Site.

Please be aware that it may take several hours for any custom changes you make to take effect on the public areas of the system. Please also note that changing or deleting your information through the 'Manage Profile' or 'Message Center' section of the system, or opting-out of email notifications from us, will only change or delete the data in our database for the purpose of future activities and communications. These changes and deletions will not change or delete emails or information that are queued to be sent or have already been sent.

Unsolicited Contact

The Ashley Madison Agency Limited, our affiliates and our channel partners do not send unsolicited mail at any time. Members are automatically opted in to receive email notifications to the email address they register on their Ad Profile. You may opt-out of receiving email notifications at any time by clicking the 'Message Center' button located on your Ad Profile.

Privacy & Use of Information
By registering an Ad Profile and using our services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Monitoring of Information
We reserve the right to monitor all advertisements; public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.

Market Researchers (Online Hosts)
From time to time this service may include, offer or initiate winks, collect messages or instant chat from Market Researchers (Online Hosts) identified as attached or single men or women seeking "Cyber Affairs or Erotic Chat" for market research and/or customer experience and/or quality control and/or compliance purposes. Market research information is used to provide analysis, feedback, trends, patterns, social commentary and information in the aggregate and aides in the process of monitoring our system for compliance of our operating standards and Code of Conduct.

Any member may set their "Limits" as a "Cyber Affair or Erotic Chat". Accordingly, Market Researchers (Online Hosts) will NOT be conspicuously identified and will NOT physically meet or agree to be contacted outside of the Ashley Madison System. We do not guarantee the authenticity of any member using our site.

Any interaction or communication with Market Researchers (Online hosts) is independent of, and separate from, our general database of Member's seeking personal or physical or other kinds of encounters or introductions.

You accept and acknowledge that any written statements, mail messages or instant messages made by Market Researchers (Online Hosts) are provided for "entertainment" purposes that serve to enhance the user's personal online experience. Profiles categorized as "Cyber Affair or Erotic Chat" may be unwilling / unable to physically meet in person, speak over the phone or engage in any other type of communication other than the methods provided by our service features. If you do not wish to be contacted by Market Researchers or Online Hosts go to 'Manage Profile', then 'Profile Settings' and click this option:
"Check this box if you do not wish to be contacted by Market Researchers or Online Hosts", then SAVE.

Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information
The Service contains information, which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, pro-rated, if any, for use of the Service during the previous month. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your username/nickname and password, including but not limited to use of your username/nickname and password by any third party.

Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties
The Service is provided on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Ashley Madison Agency, Limited, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion; member ad profile, advice, statement or information shall be at your sole risk.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Ashley Madison Agency, Limited or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Advice Columnists
From time to time this service may include or offer messages, articles or live talk from Advice Columnists who may opine on personal experiences or observations or respond to "lifestyle" questions. Any oral or written statements made by Advice Columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation are urged to consult with a qualified counselor with respect to such issues.

Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Ashley Madison Agency, Limited related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.

Governing Law
This Agreement is entered into in Ontario, Canada. You agree that the laws of the Province of Ontario will govern it and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la presente entente soit redigee en anglais.

THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.

Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. The Ashley Madison Agency, Limited has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of the Ashley Madison Agency, Limited, if the Ashley Madison Agency, Limited's obligations hereunder are assumed by a third party, the Ashley Madison Agency, Limited shall be relieved of any and all liability under this Agreement.


If you have any questions or concerns about our privacy policy, the practices of the Ashley Madison Web Site System, or your dealings with us, you may contact a representative of our company by using the Contact Form or by regular mail: 2300 Yonge Street, Suite 1906, P.O. Box 2313, Toronto, ON Canada M4P 1E4.

© Copyright The Ashley Madison Agency,® Limited. 2001-2008.