Ashley Madison – Terms and Conditions
Last Updated: November, 2018
These terms and conditions (these "Terms") are a legal contract between “you” and:
- for users located in Canada and the United States of America (US), ruby Life Inc., PO Box 67027, Toronto, Ontario Canada M4P 1E4, and
- for users located in any other jurisdiction, Praecellens Limited, 9 Karpenesiou Street, 2021 Nicosia, Cyprus,
(as applicable, "we," "us" or "Ashley Madison"). We operate AshleyMadison.com (including Ashley Madison Mobile) and the Ashley Madison mobile applications (collectively, the "Platform"), on which we provide an interactive way for users to communicate, explore their fantasies, and entertain themselves (the "Service").
Below is a high level summary of these Terms. Please read these Terms carefully in their entirety before using the Platform and do not solely rely on the high level summary provided below. IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE PLATFORM OR THE SERVICE.
- User Conduct: By accessing the Platform and using the Service, you must act appropriately. YOU CANNOT USE THE PLATFORM OR OUR SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND/OR THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. YOU ALSO MAY NOT USE THE PLATFORM OR OUR SERVICE IF YOU HAVE EVER BEEN CONVICTED OF A SEXUAL OFFENSE, ARE REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY GOVERNMENTAL ENTITY OR AGENCY OR ARE CURRENTLY CHARGED WITH AN OFFENSE OF A SEXUAL NATURE. WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18.
- The Service: You may access the Platform and use certain features and functionalities of the Service by setting up a free profile. The Platform offers additional features and functionalities which may be accessed by purchasing one of the membership or subscription packages we offer, which are described in more detail on the purchase page. For more information, please click here
- Cancellation and Renewals: For our cancelation policy, please click here. For our auto-renewal policy, please click here.
- Deletion/Deactivation: You may delete or deactivate your account at any time. For more information, click here.
- Liability: These Terms set out the legal terms and conditions that govern our relationship with you and your access to the Platform and use of the Service. Put simply, we will not be liable to you for any damages you incur in connection with your access to the Platform or use of the Service if we did not cause such damages or such damages were not foreseeable to us and you when the contract was entered into. You are liable for any damage we incur which is directly attributable to your breach of these Terms or applicable law. For more information, please click here.
- Dispute Resolution: IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. FOR MORE INFORMATION ON DISPUTE RESOLUTION, CLICK HERE.
The headings used in these Terms are for convenience only and shall not be deemed to define or limit the content of any provision of these Terms.
We may modify or vary any part of our Services and/or these Terms in order to make technical adjustments which do not adversely affect you, address security threats or to comply with applicable law. In such circumstances:
- we will give you a minimum of thirty (30) days written notice of such modification before it becomes effective;
- we will ask for your express consent to the updated terms or revised services where we are legally required to do so (such as where the user is the resident of the UK or the EU); and
- our notice to you will explain the reason for variation and how you can accept or reject the change.
In the event we change (i) the price for ongoing Services which you have previously agreed to pay (for example, credit top-ups or monthly subscriptions) or (ii) the value in credits required to use any feature, we will also notify you of such changes as contemplated in this section. If you do not agree with such change and you communicate this to us in accordance with the notification, we will not automatically top up your account or renew your subscription even if you previously agreed to automatic renewal for payment.
We may however make technical adjustments which do not adversely affect you and do not modify the descriptions of the Services that you agreed to receive under these Terms (for example to address security threats) without notice or consent from you.
1. USER CONDUCT
ASHLEY MADISON IS SIMPLY A SOCIAL NETWORK FOR ADULTS TO INTERACT. WE DO NOT ENDORSE OR ENCOURAGE ANY UNLAWFUL BEHAVIOUR IN ANY JURISDICTION IN WHICH THIS SOCIAL NETWORK IS MADE AVAILABLE. YOU ARE RESPONSIBLE FOR YOUR OWN COMPLIANCE WITH ALL LAWS THAT APPLY TO YOU.
A. Eligibility. No Minors.
Our Service is ONLY intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet these criteria to use our Service. By accessing our Platform and/or using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of these Terms and conditions set forth herein. You also represent and warrant that you will not allow any minor access to the Platform or our Service, including taking all precautions and implementing all parental control protections on your computer or other electronic device used to access the Platform and our Service to prevent any minor from gaining access to the Platform and our Service. Further, you hereby commit to inform us immediately should you become aware of a minor using the Service.
Whilst we require all our users to be at least 18 years old, we are not responsible or liable for any misrepresentations by our users regarding a user’s or member’s age or for the unauthorized use of the Platform or our Service by a minor.
B. Code of Conduct
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment in accordance with our code of conduct
C. User Content
We have no obligation to post any Content that you or anyone else submits. 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 (unless requested by the person who submitted the content to us, or any person identified in the content, to delete or otherwise remove such content in accordance with privacy laws), to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, profiles, public postings, emails, and messages, that we, in our discretion (acting reasonably), deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable (unless requested by the person who submitted the content to us to delete or otherwise remove such content).
You remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or communicate with other users of the Service. If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
Except to the extent required by applicable law, we do not guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
D. Your obligations
You: (a) must not use our Service unless you have the full power and authority to enter into and perform these Terms; (b) will not use our Service to infringe or violate the copyright, trademark, right of publicity or any other legal right of any third party; (c) will comply with all applicable laws and regulations in using our Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Service; (d) must not use our Service if you have ever been convicted of an offence of a sexual nature or if you have any such charges currently pending against you; and (e) you must own or otherwise have all rights necessary to license the Content you submit and that promise to us that the posting and use of your Content by us will not infringe or violate the rights of any third party. We are not responsible to you for any damages you may suffer because of your breach of this clause.
E. Mobile Applications
This section 1 E only applies if you download any Mobile Application (as defined below).
- Ashley Madison mobile apps
We make available mobile apps (together, the "Mobile Application ") to allow you to access the Platform via mobile devices. To use the Mobile Application, you must have a compatible mobile device. Information about compatibility will be provided in the relevant app store. We grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Ashley Madison and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).
You may not:
- modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party;
- make any copies of the Mobile Application;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or
- delete the copyright and other proprietary rights notices on the Mobile Application.
We may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You agree that these Terms will apply to all such upgrades.
Standard carrier data charges may apply to your use of the Mobile Application.
For US residents, the Mobile Application and all other software that is provided to you through the Platform and the Service and related documentation are "Commercial Items", as that term is defined under United States of America laws at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C .F.R. §12 .212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under the copyright laws of the United States or America and Canada.
Additional terms for Apple iOS-powered and Android-powered device users can be found here
F. Geo-Location Terms
2. THE ASHLEY MADISON SERVICE
A. Services and Features
The Platform provides an interactive way for users to communicate, explore their fantasies, and entertain themselves. Subject to other terms, conditions and features identified in these Terms and any other information provided on the Platform, users are able to view profiles of other users and communicate with them. In addition, the Platform offers a number of different features which users can subscribe to. The details regarding such features will be provided to you on the purchase page relating to such features.
a. Accessing and Using the Platform and Services
Users must set up a free profile in order to access the Platform. Any information you provide to us when signing up and providing your profile must be correct, current, accurate and complete. If you provide any misleading or false information to us, we reserve the right to suspend or delete your account.
Once you’ve set up a profile, you will have access to a minimal level of the Services’ features (such as viewing profiles of other users). The Platform offers additional features and functionalities which may be accessed by purchasing a membership or subscription packages depending on your preferences and/or jurisdiction. For example, in certain jurisdictions, you may purchase credits on the Platform and may need credits to use certain features including initiating communications with other members. In other jurisdictions, such features may only be available through subscriptions. To see what membership and subscription packages are available to you and for more information on such membership and packages, click on the “Buy Now” tab.
A user may pay via credit card, cash, cheque or any other method we may accept as payment. In addition to paying the published price, you are responsible for paying all applicable taxes in connection with your purchase, which will be disclosed to you prior to completing your transaction.
If we receive cash or cheque payment for an incorrect amount or non-specified currency payments, we will notify you of such incorrect payment. If such incorrect payment is not rectified within thirty (30) days of providing such notice, we reserve the right to adjust or credit your account based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing.
B. Expiry of Access to Your Account for Non-Usage.
Your right to access your account will expire and you will lose any credits in your account if you have not logged into your account within the prior thirty six (36) month period. We will inform you a minimum of 30 days before your account expires for non-activity. You can confirm your account balance at any time by clicking on "Manage Profile" or by using the Contact Form and providing us with your account details.
THIS PROVISION DOES NOT APPLY TO DORMANT ACCOUNTS THAT HAVE AN ACTIVE MEMBERSHIP SUBSCRIPTION ASSOCIATED WITH THEM.
C. Subscription Renewals
In order to provide continuous service, Ashley Madison automatically renews all paid subscriptions (excluding credits unless you have expressly opted-in) for the Services on the date such subscriptions expire unless notified by you before the renewal date. Ashley Madison will disclose renewal periods to you prior to you completing your purchase and in your purchase confirmation. By accepting these Terms, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellations and Refund" immediately below.
D. Cancellations and Refund
Some jurisdictions offer consumers a cooling off period with respect to purchases made online. In an effort to provide all users similar rights of cancellation, Ashley Madison offers all users the right to cancel, for any reason, any purchase made through the Platform within fourteen (14) days of purchase (subject to the last sentence of this paragraph, the “Cancellation Period”) and receive a pro-rated refund applied back to the method of payment used to make the purchase.
For users residing in the EU, if you request that we start providing access to credits purchased or other Services during the Cancellation Period, you will lose your right to cancel once you have fully used such credits or other Services. Where any payment has been made, you are liable for the credits or the paid-for Services used prior to cancellation but can receive a pro-rated refund applied back to the method of payment used to make the purchase.
You may exercise this right by notifying us of your decision to cancel your purchase either via the Contact Us form sending us the cancellation form set out at the end of these Terms or by email to [email protected]. To the extent that the laws of jurisdiction of residence provide a longer cooling off period, you will be entitled to cancel during such period in accordance with the laws of your jurisdiction of residence.
Prorated refunds will be calculated as follows:
For credit purchases: We will refund you for the purchase of your credit package if we have received
your cancellation notice within the Cancellation Period based on the following formula:
[price paid for credits] – [[number of credits used] x [price paid for credits / number of credits purchased]]
Please note that you do not have the right to cancel or receive any refund if, at or before you informed us of your decision to cancel your contract for purchase within the Cancellation Period, you have used all credits you purchased on that occasion.
- For subscription purchases: We will refund you for the purchase of a subscription if we have received your cancellation notice within the Cancellation Period based on the following formula:
[price paid for initial subscription term] – [[number of days (complete or partial) which elapsed from the purchase date] x [price paid for initial subscription term / number of days in the initial subscription term]]
AFTER THE EXPIRY OF THE CANCELLATION PERIOD OR ONCE YOU HAVE CEASED TO HAVE YOUR RIGHT TO CANCEL, YOU AGREE THAT YOUR PURCHASES, INCLUDING YOUR PURCHASE OF CREDITS AND SUBSCRIPTIONS, ARE NON-REFUNDABLE EXCEPT WHERE WE HAVE BREACHED THESE TERMS IN WHICH CASE YOU MAY BE ENTITLED TO A REFUND UNDER APPLICABLE LAW.
E. Communication with other users
All of the content generated by users on our Platform is provided “AS IS”. All content is the responsibility of the person that originated such content.
We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON OUR USERS OR MEMBERS. It is your responsibility to determine whether or not you want to interact with a user or member on our Service.
We reserve the right, but have no obligation, to monitor all interactions between you and other users of our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable and you hereby expressly consent to the foregoing. Email messages sent between you and other users of the Service that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private.
F. User disputes
You are solely responsible for your interactions with other users of our Service, including the content of the materials you post on the Service and in your messages to other users of the Service. You must take reasonable precautions in all interactions with other users of the Service, particularly if you decide to meet offline or in person. In addition, WE STRONGLY RECOMMEND THAT YOU REVIEW ASHLEY MADISON'S SECURITY AND PRIVACY TIPS, POSTED AT https://blog.ashleymadison.com/security-privacy PRIOR TO USING THE SERVICE. You should not provide your personal or financial information (for example, your credit card or bank account information) to other users of our Platform. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.
If you are a resident of the United States of America, you hereby agree to release us (and our subsidiaries and affiliated entities and ours (and their) shareholders, officers, directors, employees and agents, successors and assigns) from all claims, demands, damages, losses, liabilities of every kind, arising out of or in any way related to such disputes.
G. Non-Commercial Use
Our Platform and the Service are for personal use only and you may not use them in connection with any commercial purposes. Organizations, companies, and/or businesses may not use the Service or our Platform for any purpose. Illegal and/or unauthorized uses of our Platform, including without limitation for prostitution and/solicitation, financial fraud, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Platform may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, and injunctive redress.
H. Third Party Content, Links and Pages
In your use of our Service, you may access content from third parties ("Third Party Content") either via our Service or through links to third party websites. We are not responsible in any way for Third Party Content, which is the sole responsibility of the authors or sites displaying such content.
I. Proprietary Rights
You acknowledge and agree that all content and materials available on our Platform are protected by either our rights, or the rights of our licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on our Platform, unless you have our written permission. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the Platform or content and materials in any manner.
J. Customer Service
Our customer service representatives are available to answer questions you may have about your Service and to enhance your experience using our Service and its features. You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives.
K. Email Communications
Subject at all times to our obligations regarding email communications in your respective jurisdiction, you agree that: (i) we and other sites we operate (or our agents) may send you email communications that include messages about the Service and your membership account with us, and services offered by our other sites and third parties; and (ii) any notice, agreements, and other communications we send to you electronically will satisfy any legal requirements, including, without limitation, that such communications be in writing.
You may opt out of receiving these notifications from us by clicking the “Unsubscribe from Email Notifications” link located at the bottom of each email we send you. Please be advised that you cannot opt out from operational emails (i.e. non-promotional communications) pertaining your account.
In addition to your right to cancel under Section 2D you may terminate this contract and your access to the Service at any time via our Platform by logging into your account or by sending us written or email notice of termination.
We may terminate your access to our Service if (a) you breach these Terms; (b) where required by law; or (c) where we reasonably consider there has been a breach of these Terms or a breach of applicable laws. Unless otherwise required by applicable law or expressly stated otherwise in these Terms, you will not be entitled to a refund of unused credit or subscription fees paid after termination of this contract or your access to our Service where (i) we terminate because you have breached these Terms or (ii) you terminate at your own initiative.
M. How to Delete/Deactivate Your Account
In the event you would like to cease using the Service and delete or deactivate your account, you have the following two options which you can exercise by visiting https://www.ashleymadison .com/app/private/member/manage/remove.p while logged into your account on the desktop version of the site:
a. Deactivate My Account:
b. Full Delete:
If you select a full delete option or raise a data erasure request with us, your account cannot be restored and any unused credits associated with your account will immediately expire without refund except in the situations described in section 2.D. Please note it may take up to forty eight (48) hours for your information to no longer be visible on the Service.
N. Account Credentials
You must keep your username and password confidential, and you are solely and fully responsible for all activities that occur under your username and password unless any such activities are caused by us. You agree to: (a) immediately notify us of any unauthorized use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.
A. Governing Law
Except as set out below, or otherwise requested under applicable law, (i) these Terms shall be governed by and construed in accordance with English law and (ii) you may bring legal proceedings in respect of these Terms, our Platform or Services, in the relevant courts of the United Kingdom or, if you are an EU resident outside the UK, in the courts of your Member States of residence in accordance with the applicable law.
If you are a US resident, except as otherwise provided in this section or as otherwise required by law, these Terms involve transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19 of the United States of America. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of New York (excluding its conflicts of law provisions) shall apply to all disputes and these Terms. If there is a difference between the Federal Arbitration Act and New York law, the Federal Arbitration Act controls. In any circumstances where the foregoing Terms permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York, New York for such purpose.
For Canadian residents (except Quebec), these Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably attorn and submit to the exclusive jurisdiction of the Ontario courts situated in the City of Toronto and waive any objection to the venue of any proceeding in such court or that such court provides an inappropriate forum.
For Quebec residents, these Terms will be governed by, interpreted and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.
For Australian residents, these Terms will be governed by, interpreted and enforced in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
The following provision is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.
a.We are not responsible for anything that (i) was not foreseeable to you and us when these Terms were entered into or (ii) is not caused by any breach of our obligation or otherwise caused by us. For example, we are not responsible for:
- THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM OR THE SERVICE;
- ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE INCLUDING ANY LOSS OR DAMAGE RESULTING FROM ANY CONTENT POSTED ON OUR PLATFORM OR TRANSMITTED TO USERS VIA OUR PLATFORM, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES, ANY CONDUCT BY USERS OR INTERACTIONS BETWEEN USERS OF OUR PLATFORM, WHETHER ONLINE OR OFFLINE;
- THE CONTENT OF MESSAGES SENT BY OTHER USERS OF THE SERVICE AND THE ACCURACY OF THE INFORMATION COMMUNICATED TO YOU BY OTHER USERS OR ANY COMMUNICATIONS YOU MAY RECEIVE FROM OTHER USERS INCLUDING CONTENT POSTED ON OUR PLATFORM OR IN CONNECTION WITH THE SERVICE, WHERE SUCH CONTENT IS GENERATED BY USERS OF OUR PLATFORM;
- THE USE BY OTHER USERS OF ANY INFORMATION WHICH YOU PROVIDE TO THEM;
- ACTIONS OR INACTIONS ANY THIRD PARTIES THAT WE DO NOT CONTROL (INCLUDING USERS OF OUR PLATFORM OR OUR SERVICE);
- ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, WHERE SUCH ISSUE HAS NOT BEEN CAUSED BY US OR ANY THIRD PARTIES THAT WE DO NOT CONTROL; AND
- ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, COMMUNICATION SYSTEM BREAKDOWNS, TRANSPORTATION STOPPAGES OR SLOWDOWNS.
We are also not responsible for business losses and/or losses to non-consumers (see section 2G for your obligation to use our Platform and the Service for personal use only).
b.You are responsible for the losses, costs and damages incurred by us or any person engaged in the provision of the Services or the Platform to the extent they result directly from (a) any posts made by you, (b) your infringement of the intellectual property rights of a person other than yourself, (c) your breach of these Terms or (d) your breach of applicable laws.
c.NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD OR FRAUDULENT MISREPRESENTATION.
d.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
C. Availability of Service
The following provision is not applicable to residents of Quebec to whom the Quebec Consumer Protection Act applies.
We are unable to warrant that our Services will at all times be free from any interruptions or technical malfunctions of the Platform, errors, virus, worms, Trojan horses or other code that may affect to your use of the Services. However, we will make commercially reasonable efforts to prevent occurrence of any such incident.
D. Infringement of third party's intellectual property rights
We respect the intellectual property rights of others, and we ask you to do the same. We may terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please contact us using the following contact information:
ruby Life Inc.
Attention: General Counsel
PO Box 67027
Toronto, ON Canada M4P 1E4.
Email: [email protected]
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
E. Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid take-down notice issued under the Digital Millennium Copyright Act (“DMCA”) that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated agent that includes all of the following information:
- Your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person
F. No waiver
No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
H. California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Platform and Service are provided by ruby Life Inc. d/b/a Ashley Madison. If you have a question or complaint regarding the Platform or Service, please contact Customer Service at [email protected]. You may also contact us by writing us at ruby Life Inc., PO Box 67027, Toronto, Ontario Canada M4P 1E4, Attention: Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
I. Communication in English
The parties to these Terms hereby confirm their express wish that this Agreement, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with this Agreement be in the English language only and declare themselves satisfied with this; les parties aux présentes conditions confirment l eur volonté expresse de voir la présente convention, de même que tous les documents qui s’y rattachent, incluant, mais non de façon limitative, tous les confirmations, avis, renonciations, consentements et autres communications entre les parties, rédigés en langue anglaise seulement et s’en déclarent satisfaites.
J. Export Controls
Software and content provided through our Platform and our Service is subject to export controls of the United States of America and other applicable jurisdictions. The United States Department of Commerce prohibits export or diversion of software and certain content to specified countries and persons. No software or content from the Services may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and that you will not license or otherwise permit anyone in any such country or on any such list to receive software or content that is subject to export control.
K. Queries, complaints and notices.
4. ARBITRATION AND CLASS ACTION WAIVER
IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. FOR MORE INFORMATION ON DISPUTE RESOLUTION, CLICK HERE
MODEL CANCELLATION FORM
To: Praecellens Limited Praecellens Limited, 9 Karpenesiou Street, 2021 Nicosia, Cyprus
I hereby give notice that I cancel my contract for the supply of the following service,
Ordered on [*]/received on [*],
User Name: …………………..,
Signature:…………………………………… (only if this form is notified on paper)
[*] Delete as appropriate