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  1.  
  2. Update
  3. We have updated our Terms and Conditions and Privacy Policy. Please read the documents carefully. By selecting "I agree" below, you certify that you have read and agree to our updated Terms and Conditions and Privacy Policy.
  4. Ashley Madison – Terms and Conditions
  5. Last Updated: February 25, 2017
  6. THESE TERMS AND CONDITIONS (THESE "TERMS") ARE A LEGAL CONTRACT BETWEEN “YOU” AND RUBY LIFE INC., FOR USERS LOCATED IN CANADA AND THE US, AND PRAECELLENS LIMITED FOR USERS LOCATED IN ANY OTHER JURISDICTION ("WE," "US" OR "ASHLEY MADISON"). We own and 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"). AFFAIRS CANNOT AND DO NOT TAKE PLACE ON THE PLATFORM. 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 MAY APPLY TO YOU.
  7. THESE TERMS FORM AN AGREEMENT THAT GOVERNS YOUR USE OF THE SERVICE. BY USING OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY (1) THESE TERMS AND (2) ASHLEY MADISON'S PRIVACY POLICY, AVAILABLE AT https://www.ashleymadison.com/app/public/privacy.p (“PRIVACY POLICY”) AND ALL CONDITIONS AND NOTICES CONTAINED OR REFERENCED HEREIN WHETHER OR NOT YOU BECOME A PAID SUBSCRIBER.
  8. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. IF YOU DO NOT AGREE WITH THESE TERMS OR PRIVACY POLICY, DO NOT USE OR ACCESS OR OTHERWISE USE THE PLATFORM OR THE SERVICE OR ANY INFORMATION CONTAINED HEREIN.
  9. 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.
  10. THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. PLEASE NOTE THAT, DEPENDING ON YOUR COUNTRY OF RESIDENCE, UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE COUNTRY IN WHICH YOU RESIDE.
  11. MODIFICATIONS
  12. WE MAY MODIFY ANY PORTION OF THESE TERMS AT ANY TIME PROVIDED:
  13. WE GIVE YOU A MINIMUM OF THIRTY (30) DAYS WRITTEN NOTICE OF SUCH MODIFICATION BEFORE IT BECOMES EFFECTIVE; AND/OR
  14. TO THE EXTENT THE APPLICABLE LAWS OF YOUR JURISDICTION REQUIRE EXPRESS AGREEMENT TO THE APPLICABLE MODIFICATION, WE HAVE OBTAINED YOUR EXPRESS CONSENT.
  15. THE NOTICE CONTEMPLATED IN (i) ABOVE WILL SET OUT HOW YOU CAN ACCEPT OR REJECT THE APPLICABLE CHANGE AS REQUIRED BY THE APPLICABLE LAWS IN YOUR JURISDICTION.
  16. LANGUAGE
  17. Information and services that are provided on the Platform and the Service in a language other than English are only provided as a convenience to you when available. All services to be provided, all obligations of Ashley Madison and all communication between the parties with respect to these Terms will be in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
  18. 1 - MOBILE APPLICATIONS
  19. Ashley Madison makes available mobile apps (collectively, the “Mobile Application”) to access the Platform via mobile devices. To use the Mobile Application you must have a mobile device that is compatible with Ashley Madison mobile service. Ashley Madison does not warrant that the Mobile Application will be compatible with your mobile device. Ashley Madison hereby grants 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. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) 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; (iii) make any copies of the Mobile Application; (iv) 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 (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Ashley Madison 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 then currently using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. 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). Standard carrier data charges may apply to your use of the Mobile Application. You should contact your mobile phone carrier if you want to find out what standard carrier charges may apply. Please note that you may be required to pay an additional fee for use of the Ashley Madison mobile service. However, we will not charge you any such fees without your agreement to incur such fees in accordance with the applicable laws of your jurisdiction.
  20. 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.
  21. The following additional terms and conditions apply with respect to any Mobile Application that Ashley Madison provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
  22. You acknowledge that these Terms are between you and Ashley Madison only, and not with Apple, Inc. (“Apple”).
  23. Your use of Ashley Madison’s iOS App must comply with Apple’s then-current App Store Terms of Service which can be found at http://www.apple.com/legal/internet-services/itunes/us/terms.html
  24. Ashley Madison, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
  25. You agree that Ashley Madison, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
  26. You agree that Ashley Madison, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
  27. You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. Government or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government or Canadian Government list of prohibited or restricted parties.
  28. You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
  29. The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Ashley Madison’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
  30. The following additional terms and conditions apply with respect to any Mobile Application that Ashley Madison provides to you designed for use on an Android-powered mobile device (an “Android App”):
  31. You acknowledge that these Terms are between you and Ashley Madison only, and not with Google, Inc. (“Google”).
  32. Your use of Ashley Madison’s Android App must comply with Google’s then-current Android Market Terms of Service which can be found at https://www.google.com/mobile/android/market-tos.html
  33. Google is only a provider of the Android Market where you obtained the Android App. Ashley Madison, and not Google, is solely responsible for Ashley Madison’s Android App and the services and content available thereon. Google has no obligation or liability to you with respect to Ashley Madison’s Android App or these Terms.
  34. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Ashley Madison’s Android App.
  35. Geo-Location Terms
  36. The Service includes and makes use of certain functionality and services provided by third-parties that allow Ashley Madison to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Service (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.
  37. 2 - USER CONDUCT
  38. In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
  39. violate any applicable law or regulation,
  40. infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
  41. use the information available through our Service for any unauthorized or unlawful purpose,
  42. interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
  43. use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,
  44. use our Service to obtain the personal contact information of another user without his/her prior consent;
  45. use our Service in connection with the distribution of unsolicited commercial email ("Spam") or advertisements,
  46. "stalk" or harass any other user of our Service,
  47. use the Service if you have ever been convicted of a sexual offense or currently have such charges pending against you;
  48. use the Service for any illegal purposes, including, without limitation, prostitution and/or solicitation;
  49. collect or store any information about any other user other than in the course of the permitted use of our Service,
  50. use our Service for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products,
  51. impersonate any person or entity,
  52. remove any copyright, trademark or other proprietary right notices contained in the Service,
  53. infringe on the intellectual property rights of the Service or any third parties in any manner,
  54. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Platform or any software used on or for the Service,
  55. post, upload or transmit false, misleading or illegal information or content to the Service,
  56. make false statements, attempt or use personal, financial or other information that you are not authorized to use,
  57. upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
  58. disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Service are able to read to type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Service,
  59. collect or store personal data about other users or members without their consent, or upload, post, email or transmit any other user’s or member’s private information or data,
  60. provide hyperlinks, URL links, graphic links or other direct connection to our Platform or the Service for profit or gain, or
  61. assist any third party in doing any of the foregoing.
  62. 3 - YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE
  63. Your Responsibilities
  64. 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.
  65. Our Limitations
  66. We are not responsible for any damage or harm resulting from your interactions with other users of our Service. You understand and acknowledge that we do not pre-approve any of our users or members nor do we in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. 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 investigate the background, financial status, criminal background, character and all other aspects that might affect 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 and chat 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 to the extent required by applicable law. IN NO EVENT SHALL WE BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. 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. We cannot and do not assume any responsibility for the content of messages sent by other users of the Service. We are not responsible for the accuracy of information communicated to you on the Service or for the content of any communications you may receive from other users. We reserve the right to investigate and take appropriate lawful action against anyone who violates these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's access to the Platform and contacting and disclosing information to the relevant authorities and pursuant to legal process. We will act reasonably in deciding what action, if any, to take, however, we are under no obligation to take any such action.
  67. User Disputes
  68. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF OUR PLATFORM AND OUR SERVICE. We reserve the right, but have no obligation, to monitor disputes between you and other users.
  69. 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. If you are a California resident, Section 15(F) below applies to you.
  70. 4 - MINORS
  71. 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 using 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.
  72. Whilst we require all our users to be at least 18 years old, we are not responsible or liable for any misrepresentations regarding a user’s or member’s age or for the unauthorized use of the Platform or our Service by a minor.
  73. WE DO NOT TOLERATE ANY UPLOADING OF PICTURES OR OTHER DEPICTIONS OF ANYONE UNDER THE AGE OF 18.
  74. 5 - THE ASHLEY MADISON SERVICE – REGISTRATION AND TERMINATION
  75. Categories of Services
  76. 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. Credits are allotments that can be bought with a Full Membership and which are stored in your account for immediate or future use. Credits are good toward the purchase of features within the Service. Full Members are not charged by us for the features that are free to Guests; however, some features available to Guests may not be accessible when a Full Member has run out of credits. For example, if a Full Member runs out of credits, the Full Member will no longer be able to access their messages including messages the Full Member was able to access as a Guest.
  77. Please be advised that we add and change features on the Service from time to time and that the value (in credits) of such features may change at any time.
  78. Registering to Use our Service, Fees and Payments
  79. Guests of the Service are required to set up a "Profile" in order to access the Service. To activate certain additional features of the Service, Guests may choose one of our membership packages and upgrade to Full Membership status. A member may pay via credit card, cash, check or any other method we may accept as payment of account, in accordance with our pricing policy for Full Memberships as posted on our Platform under the "Buy Credits" section. In addition to paying the published price, you are responsible for paying all applicable taxes or client transaction fees in connection with your purchase, which will be disclosed to you prior to completing your transaction. We reserve the right to change our pricing policy or the method or manner in which we charge for our Service but will comply with the notice requirements in the section titled “Modifications” at the beginning of these Terms to the extent such changes affect future fees you have already agreed to pay. Once we have confirmed receipt of your payment, you will become a Full Member and we will credit your account with the number of credits purchased. If we receive cash or check 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 with a pro-rated number of credits based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing. Accounts may not be transferred from one client of the Service to another client.
  80. You understand and agree that it is a condition of your use of the Platform and the Service and of your membership that all of the information you provide to us when you are signing up and providing your Profile is correct, current, accurate and complete. If you provide any misleading or false information to us, your right to use the Platform is invalid and your membership is terminated and void.
  81. Cancellation of Your Account for Non-Usage.
  82. If you have not logged into your account within the prior twelve (12) month period we reserve the right to cancel your account. We will endeavor to provide you a minimum of 30 days’ notice before cancelling your account. If your account is canceled for non-activity, your account will be cancelled and all credits in your account will expire. 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.
  83. Please be aware that CREDITS DO NOT HAVE CASH VALUE, ARE NON TRANSFERABLE AND NOT REDEEMABLE FOR CASH.
  84. Automatic Renewals and Cancellation
  85. If you select the automatic credit renewal option when purchasing your credits, we will use an automatic credit “top up” feature to help you keep your account active. In the event that any action you take or features you use on the Platform result in you having a "zero balance" or a negative balance of credits, WE WILL AUTOMATICALLY PURCHASE (WITHOUT FURTHER AUTHORIZATION FROM YOU ONCE YOU OPT IN) FOR YOU THE SAME MEMBERSHIP PACKAGE THAT YOU HAD PURCHASED PREVIOUSLY USING THE SAME PAYMENT METHOD YOU PREVIOUSLY USED. TO OPT OUT OF THIS FEATURE GO TO THE “PROFILE OPTIONS” page www.ashleymadison.com/app/private/member/settings/profile.p when logged into your account. In the event the fees for the membership package have changed since your last purchase, we will notify you of such changes as contemplated in the section titled “Modifications” at the beginning of these Terms prior to topping up your account and you will have the option of continuing to receive the automatic “top up” feature if you agree with the price change in accordance with the terms provided in such notice. If you do not agree with the price change, we will no longer automatically top up your account.
  86. Member Initiated Contact (MIC) and Cancellation
  87. MIC provides you unlimited access to read and respond to unsolicited member initiated communications and/or communications you have initiated through your purchase(s) of credits.
  88. MIC is provided on a subscription basis. If you have subscribed to MIC, your credit card will be charged for the initial thirty (30) days of MIC at the time of purchase. AT THE END OF THIS THIRTY (30) DAY PERIOD, AND EVERY THIRTY (30) DAYS THEREAFTER, WE WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD THE MONTHLY SUBSCRIPTION FEE IDENTIFIED AT THE TIME YOU PURCHASED YOUR MIC SUBSCRIPTION. In the event the monthly MIC subscription fee changes, we will notify you of such change prior to such change taking effect as contemplated in the section titled “Modifications” at the beginning of these Terms and you will have the option of continuing to subscribe to MIC if you agree with the price change in accordance with the terms provided in such notice. If you do not agree with the price change then your subscription will expire at the end of the then current thirty (30) day subscription period.
  89. YOU MAY OPT OUT OF YOUR MIC SUBSCRIPTION AT ANY TIME THROUGH YOUR MEMBER PROFILE'S “CREDIT HISTORY” PAGE.
  90. Priority Man and Cancellation
  91. If you have subscribed to Priority Man or a subscription to Priority Man is included in the credit package you have purchased, your profile will on a recurrent basis receive Priority Man (relative to users who do not subscribe to the Priority Man service) status in the search results of women searching for men in your geographic area. This includes high ranking in the search results, highlight, colouring and other features that indicate its priority status as may be determined by us. The frequency by which your profile will be shown in the Priority Man will depend on the number of subscribers to the Priority Man service in your geographic area.
  92. The Priority Man service is provided on a subscription basis. If you have subscribed to Priority Man, your credit card will be charged for the initial thirty (30) days of Priority Man at the time of purchase. AT THE END OF THIS THIRTY (30) DAY PERIOD OR THE THIRTY (30) DAY PERIOD INCLUDED WITH THE PURCHASE OF YOUR CREDITS, AS APPLICABLE, AND EVERY THIRTY (30) DAYS THEREAFTER, WE WILL AUTOMATICALLY CHARGE YOUR CREDIT CARD THE MONTHLY SUBSCRIPTION FEE IDENTIFIED AT THE TIME YOU PURCHASED YOUR PRIORITY MAN SUBSCRIPTION. In the event the monthly Priority Man subscription fee changes, we will notify you of such change prior to such change taking effect as contemplated in the section titled “Modifications” at the beginning of these Terms and you will have the option of continuing to subscribe to Priority Man if you agree with the price change in accordance with the terms provided in such notice. If you do not agree with the price change then your subscription will expire at the end of the then current thirty (30) day subscription period.
  93. YOU MAY OPT OUT OF YOUR PRIORITY MAN SUBSCRIPTION AT ANY TIME THROUGH YOUR MEMBER PROFILE'S “CREDIT HISTORY” PAGE.
  94. Refund Policy
  95. Unless otherwise required by applicable law, you agree that your purchases, including your purchase of credits, are non-refundable except where we have materially breached these Terms in which case you may be entitled to a refund of unused credits.
  96. Termination
  97. You acknowledge and agree that 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. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to our Service. You acknowledge and agree that termination of your access to our Service in these circumstances may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you acknowledge and agree that unless required by applicable law we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. Unless otherwise required by applicable law, you will not be entitled to a refund of unused credit or subscription fees paid upon termination of your access to our Service by us in the circumstances described in this clause. You may terminate your access to the Service at any time via our Platform or by sending us written or email notice of termination. Unless otherwise required by applicable law, you will not be entitled to any refund of unused credits or subscription fees upon termination of your access to our Service other than for our material breach of these Terms.
  98. How to Delete/Deactivate Your Account
  99. In the event you would like to cease using the Service and delete or deactivate your account, you have the following two options:
  100. Deactivate My Account:
  101. If you select this option, your profile will be removed from all search results and will not otherwise be viewable by other users. However, your message history will be left intact and any users which you have previously interacted with will still be able to access and view the messages you have exchanged. If you select this option, your account, including any personal information related thereto, will not be immediately deleted from our systems; but rather, will be stored and managed in accordance with our Privacy Policy (https://www.ashleymadison.com/app/public/privacy.p) You may restore your account by contacting a customer service representative at https://www.ashleymadison.com/app/public/contactform.p provided your account has not been deleted in accordance with our Privacy Policy (https://www.ashleymadison.com/app/public/privacy.p).
  102. Full Delete:
  103. If you select this option, your profile will be completely deleted, including, subject to the qualification below, all personal information related thereto. Specifically, (i) your profile will no longer be viewable by other users or come up in search results, and (ii) all personal information associated with your account, including your message history, will be completely deleted in accordance with ruby’s data retention schedule, meaning that some of your usage history may be kept for up to six months. If you select this option, your account cannot be restored and any unused credits associated with your account will immediately expire without refund. Please note it may take up to forty eight (48) hours for your information to no longer be visible on the Service.
  104. To select either of the foregoing options, please go to our deactivation page https://www.ashleymadison.com/app/private/member/manage/remove.p while logged into your account on the desktop version of the site.
  105. Credit Card Chargeback Policy
  106. We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.
  107. Privacy & Use of Information
  108. Use of the Service is also governed by our Privacy Policy. You agree that by registering a profile on our Platform or using our Service you have agreed to our Privacy Policy (https://www.ashleymadison.com/app/public/privacy.p). Our Privacy Policy is incorporated into these Terms by this reference and you should read it carefully.
  109. Customer Service
  110. 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. If we determine, in our reasonable discretion, that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Platform and your membership to our Service and you will not be entitled to any refund of unused credits or subscription fees unless required by applicable law.
  111. Email Communications
  112. 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.
  113. 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.
  114. Other Aspects of the Ashley Madison Service – For Your Entertainment
  115. Our Platform and our Service give users the opportunity to explore their fantasies and to interact with others in the Platform. However, there is no guarantee you will find a date or partner on our Platform or by using our Service. Our Platform and our Service are also intended to provide users with amusement and entertainment. You agree that some of the features of our Platform and our Service may be used for such amusement and entertainment purposes.
  116. Others Using the Platform for Entertainment
  117. You also understand and agree that there are users and members on the Platform that use and subscribe to our Service solely for entertainment purposes. Those users and subscribers are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement.
  118. You acknowledge and agree that any profiles of users and members, as well as, communications from such persons may not be true, accurate or authentic and may be exaggerated or fantasy. You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications.
  119. 6 - USER CONTENT
  120. By submitting any content (including, without limitation, your photograph and profile and other information) (your “Content”) to our Platform, you represent and warrant to us that the Content is posted by you and that you are the exclusive author of the Content and use of your Content by us will not infringe or violate the intellectual property or other rights of any third party. To the extent permitted by applicable law, you waive any and all moral rights to be identified as the author of the Content and any similar rights in any jurisdiction in the world. By submitting any Content to our Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, parent, subsidiaries, affiliates and successors, an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferable right and license to use, reproduce, display, broadcast, publish, quote, create derivative works of, translate, sub-license, export, share, assign and modify such Content or incorporate into other works such Content, and to grant and to authorize sub-licenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify or alter your photographs or otherwise create derivative works based upon your photographs. We are under no obligation to remove your profile, picture and other information from our Service even after you have terminated your membership unless you utilize the option or we are otherwise required by applicable law. You represent and warrant to us that you have the absolute right to grant the license and other rights set forth above.
  121. You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any content that:
  122. is libelous, defamatory or slanderous,
  123. contains pornographic, sexually explicit or vulgar content,
  124. may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group,
  125. exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way,
  126. encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes) or any illegal acts,
  127. makes use of offensive language or images or is otherwise patently offensive to the online community,
  128. harasses or advocates harassment of another person,
  129. involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or Spam,
  130. promotes an illegal or unauthorized copy of another person's copyrighted work,
  131. characterizes violence as acceptable, glamorous or desirable,
  132. contains any illegal material or any material that infringes or violates another party's rights (including, without limitation, intellectual property rights and rights of privacy and publicity),
  133. constitutes an illegal act (including, without limitation, prostitution and/or solicitation) or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses,
  134. solicits passwords or personal identifying information for commercial or unlawful purposes from other users,
  135. provides or promotes inaccurate, misleading or false information, or
  136. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  137. If any information that you provide to us subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
  138. The foregoing is a partial list of the kind of content that is illegal or prohibited on our Platform. We reserve the right to investigate and take appropriate legal action in our reasonable discretion against anyone who violates this Section 6 or any other provision of these Terms, including, without limitation, removing the offending communication from the Service, terminating the violator's access to the Platform and contacting and disclosing information to the relevant authorities.
  139. 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, 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. You 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. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.
  140. 7 - NON-COMMERCIAL USE
  141. Our Platform and the Service is for personal use only and you may not use it 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 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. You understand and agree that use of our Platform is with our permission, which may be revoked at any time in our reasonable discretion.
  142. 8 - THIRD PARTY CONTENT, LINKS AND PAGES
  143. 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 web sites. We do not control Third Party Content and make no representations or warranties about it. We do not endorse or accept any responsibility for any Third Party Content. You acknowledge and agree that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, inaccurate, incomplete or otherwise objectionable. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from our privacy policies. You acknowledge and agree that Third Party Content is the sole responsibility of the authors or sites displaying such Third Party Content and under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You must evaluate, and (as between us) bear all risks associated with Third Party Content, including, without limitation, profiles of other users of our Service.
  144. 9 - PROPRIETARY RIGHTS
  145. Content is Protected by Law
  146. 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. Notwithstanding the above, you may use the content and materials on our Platform in the course of your normal, personal, non-commercial use of our Service in accordance with these Terms. If you download or print a copy of any content for your personal use, you must retain all copyright and other proprietary notices contained on such content. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of content and materials or enforce limitations on use of the Platform or the content and materials therein. All rights not expressly granted herein are reserved.
  147. Use of Content
  148. You agree not to systematically retrieve data or other content or any materials from our Platform to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks or logos as metatags on other web sites. You agree not to display any of our Platform in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at copyright@ashleymadison.com. You may, however, establish ordinary links to the homepage of our Platform without our written permission.
  149. Content – AS-IS
  150. All of the content on our Platform is provided “AS IS”. All content is the responsibility of the person that originated such content. You understand and agree that under no circumstances will we be liable for any losses, liabilities or damages incurred as a result of your use of any content on our Platform.
  151. 10 - USERNAME AND PASSWORD
  152. You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. We may refuse to grant you a username 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. Your username and password are not transferable and may not be assigned. 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. 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 10.
  153. 11 - DISCONTINUANCE OF SERVICE
  154. We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service including where such use may breach any applicable laws. We will endeavor to provide you with 30 days’ prior written notice before such changes become effective. You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.
  155. 12 - BLOCKING OF IP ADDRESSES
  156. In order to protect the integrity of the Service, we reserve the right at any time, in our reasonable discretion, to block users from certain IP addresses from accessing our Platform where required by law or to avoid a breach of these Terms.
  157. 13 - REPRESENTATIONS AND WARRANTIES
  158. 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. To the fullest extent permitted by applicable law, we are not responsible to you for any damages you may suffer because of your breach of this clause 13.
  159. 14 - DISCLAIMER OF WARRANTIES
  160. The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies.
  161. YOU AGREE THAT:
  162. OUR SERVICE AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY.
  163. WHILST WE TAKE REASONABLE COMMERCIAL EFFORTS TO PROVIDE THE SERVICE TO YOU, WE CANNOT PROMISE OR WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR IN CONNECTION WITH OUR SERVICE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE TO OTHER USERS WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY PROFILE ON OUR PLATFORM IS ACCURATE, UP TO DATE OR AUTHENTIC; (G) ANY MATERIAL OR FILES THAT YOU CAN DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY HAVE DAMAGING; (H) THIRD PARTIES WILL NOT USE YOUR CONFIDENTIAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (I) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH OUR PLATFORM AND/OR IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE NOR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM ANYONE'S USE OF OUR PLATFORM OR THE SERVICE, ANY CONTENT POSTED ON OUR PLATFORM OR TRANSMITTED TO USERS, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES OR ANY CONDUCT OR INTERACTIONS BETWEEN USERS OF OUR PLATFORM, WHETHER ONLINE OR OFFLINE.
  164. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR PLATFORM OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF OUR PLATFORM OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM OR THE SERVICE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS.
  165. 15 - LIMITS ON LIABILITY
  166. The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies.
  167. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (C) UNAUTHORIZED ACCESS TO OR PERMITTED DISCLOSURE OR ALTERATION OF YOUR CONTENT; (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE; OR (E) ACTIONS OR INACTIONS OF OTHER USERS OF OUR PLATFORM OR OUR SERVICE OR ANY OTHER THIRD PARTIES THAT WE DO NOT CONTROL FOR ANY REASON.
  168. WE WILL NOT BE LIABLE FOR 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, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
  169. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF NOTWITHSTANDING THE FOREGOING WE ARE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS WILL NOT EXCEED THE SUM OF FIVE THOUSAND ($5,000) DOLLARS.
  170. NOTHING IN THIS SECTION 14 OR 15 SHALL EXCLUDE OR LIMIT ANY OF OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, INCLUDING LIABILITY IN RELATION TO DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR WILFUL OR RECKLESS MISCONDUCT OR FRAUD OR FRAUDULENT MISREPRESENTATION, IN WHICH CASE, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
  171. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN GUARANTEES, CONDITIONS, REPRESENTATIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW, AND DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM MAY LAST. SOME JURISDICTIONS ALSO DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN FORMS OF DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET OUT HEREIN MAY NOT APPLY TO YOU. HOWEVER, NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS. IF ANY GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM IS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW AND CANNOT BE EXCLUDED (A "NON-EXCLUDABLE PROVISION"), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED EXCLUSIVELY (SO FAR AS APPLICABLE LAWS DO NOT PROHIBIT) TO, AT OUR OPTION, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
  172. 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.”
  173. 16 - INDEMNITY
  174. The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies.
  175. To the fullest extent permitted by applicable law, you agree to indemnify us and our affiliates, directors, officers, employees, agents, customers and third parties against any claim, demand, cause of action, debt, loss, costs, liabilities and expenses (including reasonable legal fees) relating to, or arising in connection with, directly or indirectly, (a) your use of or inability to use our Platform or Services; (b) any posts made by you; (c) your infringement of the intellectual property rights, or any other rights, of any party; (d) your violation of any of these Terms and (e) your violation of any applicable laws, rules or regulations.
  176. 17 - DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).
  177. We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our reasonable discretion, 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 provide our designated agent the following information:
  178. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  179. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  180. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit us to locate the material.
  181. Information reasonably sufficient to permit us to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  182. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  183. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  184. Our agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows:
  185. ruby Life Inc.
  186. Attention: General Counsel
  187. PO Box 67027
  188. Toronto, ON Canada M4P 1E4.
  189. Email: legal@ashleymadison.com
  190.  
  191. 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.
  192. Submitting a DMCA Counter-Notification
  193. 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 DMCA take-down notice 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:
  194. Your physical or electronic signature;
  195. 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;
  196. 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
  197. 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.
  198. Termination of Repeat Infringers
  199. We reserve the right, in our sole discretion, to terminate the account or access of any user of our Platform and/or Service who is the subject or repeated DMCA or other infringement notifications.
  200. 18 - LINKS
  201. The Service may provide, or third parties may provide, links, including, without limitation, banner ads and hyperlinks, to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that we are not responsible for any use of your personal information by such third parties. Such third parties have their own privacy policies and procedures. You should check those privacy policies and procedures before you provide any information to them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
  202. 19 - ARBITRATION AND CLASS ACTION WAIVER
  203. Please read this carefully. It affects your rights. Depending on your place of residence, this Section 19 may not apply to you. For example, this Section 19 may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies.
  204. Scope
  205. For US residents, all disputes, controversies, causes of action (in tort, contract, by statute or otherwise), including, without limitation, Disputes arising from or relating to this Arbitration Provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from these Terms (collectively, “Disputes”) shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”).
  206. For residents in all other jurisdictions, all Disputes shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the International Chamber of Commerce (“ICC”).
  207. Arbitration replaces the right to go to court, and therefore the parties waive any right that you or Ashley Madison might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, Ashley Madison reserves the right to pursue the protection of its intellectual property rights and confidential information and to stop other illegal activities through immediate injunctive relief or other equitable relief at any time and without first resorting to informal procedures or arbitration, through any courts of competent jurisdiction.
  208. Venue
  209. The exclusive venue for the arbitration shall be New York, New York if claimant is a resident of the United States of America. The parties will agree on a reasonable location, in the event that New York is an inappropriate forum. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English.
  210. Small Claims
  211. Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicated small claims.
  212. Class and Consolidated Claims Waiver
  213. To the extent permitted under applicable law, it is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under these Terms or any Dispute between the parties. To the extent permitted under applicable law, the parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under these Terms or any Dispute between the parties.
  214. Limit of Liability
  215. Liability for both parties is limited $5,000 in damages. Parties waive and the Arbitrator shall not be empowered to grant indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by these Terms unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.
  216. Notice of Claims, Timing of Disputes and Nature of Award
  217. Any Dispute shall be filed within one (1) year of the date the Dispute arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any Dispute. Arbitration shall be commenced by filing a claim pursuant to the applicable AAA Rules, in the case of US residents, or the applicable ICC Rules, in the case of residents in all other jurisdictions. The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the claim. The parties may grant reasonable continuance upon good cause shown. The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.
  218. Discovery and Hearing Procedures
  219. All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue. Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator. For a Dispute involving a United States resident, the parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.
  220. Emergency and Provisional Remedies
  221. Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm. The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.
  222. Confidentiality
  223. The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential.
  224. Payment of Arbitration Fees and Costs
  225. Ashley Madison will advance all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including, without limitation, costs association with attorneys or experts witnesses. The handling of fee arrangements and the payment of fees should be conducted by the Independent ADR Institution. If the arbitration is decided in your favor, you will not be required to reimburse Ashley Madison for any of the fees and costs it advanced. If the arbitration is decided in Ashley Madison’s favor, you shall reimburse Ashley Madison for its arbitration fees and costs, but only to the extent awardable in a judicial proceeding and permitted under the AAA or ICC, as applicable.
  226. Waiver of Jury Trial
  227. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 19. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Ashley Madison in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ASHLEY MADISON WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  228. Survival and Severability
  229. This Section 19 shall survive the termination of your service with Ashley Madison. If any portion of this Arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
  230. 20 - GOVERNING LAW
  231. Except as otherwise provided in this Section 20 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.
  232. 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.
  233. 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.
  234. 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.
  235. 21 - ASSIGNMENT
  236. You do not have the right to assign these Terms or any of your rights hereunder or to our Service to anyone. We have the right to assign any or all of its rights and obligations under these Terms. Provided such rights and obligations are assumed by such third party, we shall be relieved of any and all liability under these Terms and in such event you hereby agree to release us of all liability, claims, charges, damages and causes of action.
  237. 22 - EXPORT CONTROLS
  238. 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) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other 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.
  239. 23 - NOTICES
  240. Unless provided otherwise in these Terms, all notices to us shall be delivered to ruby Life Inc., PO Box 67027, Toronto, Ontario Canada M4P 1E4, Attention: General Counsel, and all notices to you shall be sent by email to you at the email address you provided to us at the time you registered or through a later notice of a change of address. We may also send you notice by overnight courier or certified mail, postage prepaid. Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified the email address is invalid or has been returned for some other reason. All other notices shall be deemed received when delivered.
  241. 24 - MISCELLANEOUS
  242. These Terms, together with our Privacy Policy (https://www.ashleymadison.com/app/public/privacy.p)contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. These Terms shall be binding on the parties, their successors and permitted assigns. 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. 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. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
  243. 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 customerservice@ashleymadison.com. 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.
  244. For Quebec residents, 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 leur 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.
  245. * * * * * * * *
  246. If you have any questions or concerns about these Terms, our Privacy Policy, the practices of the Ashley Madison, or your dealings with us, you may contact a representative of our company by using the Contact Form or by regular mail: PO Box 67027 Toronto, ON M4P 1E4.
  247.  
  248. Privacy Policy (US)
  249. Effective Date: February 25, 2017
  250. ruby Corp. ("we" or "us") is firmly committed to your privacy. This Privacy Policy sets out our practices related to the collection, use and disclosure of information you provide us when you visit our websites, mobile websites and mobile applications (collectively, the "Platform") and use the services thereon (the "Services"). To help us meet our commitment to you, we have appointed a Privacy Officer to oversee our privacy practices and our compliance with this Privacy Policy. If you have any questions or concerns regarding our policies and practices related to your information, please see the “Contact Us / Complaints” section below.
  251. By accessing the Platform or using any of our Services you accept this Privacy Policy and agree to the terms, conditions and notices contained or referenced herein. Your use of our Platform or Services, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Service (https://www.ashleymadison.com/app/public/tandc.p) .
  252. Please note that, to the extent required by applicable law, we will obtain your express consent for the collection, use and disclosure of your personally identifiable information.
  253. What types of information do we collect?
  254.  
  255. We collect information including personally identifiable information, directly from you, from third parties and automatically through your use of our Services.
  256. What information will you ask me for?
  257.  
  258. When you create a profile on our Platform you will be asked to provide basic information about you which we need to enable us to provide you the Services including contact information (e.g. your email address), demographic information (e.g. your city of residence, zip/postal code, age, gender and ethnicity), and personal characteristics (height, weight and body type). We may supplement this with information about your IP address, or your location, when you use the Services.
  259. While creating your profile, you may choose how much personally identifiable information you share with us. You will be asked to create a username and offered the chance to upload a photograph and provide a personal description. You are encouraged to create a pseudonymous profile and are not required to include information in your profile that would allow you to be directly identified. Obviously do be careful if you want to remain anonymous, especially if you upload photographs or choose a username which could allow you to be easily identified.
  260. When you make a purchase off our Platform you will be asked for certain personally identifiable information for billing purposes including your name, address and details of your chosen payment method.
  261. With your permission, we will also collect your location information from your mobile device to help you identify other Platform members in your area. You may turn off this feature through the location settings on your mobile device. We also collect your general geographic location from your browser access to help you identify members in your area and to help us quickly and efficiently respond to inquiries and requests.
  262. How will you use the information you collect?
  263.  
  264. We use the information we collect, including personally identifiable information, for the following purposes:
  265. to provide you with the Services, including to provide you with access to a forum focused on open-minded and discreet relationships, where members can search for and connect with other like-minded individuals;
  266. to allow users to find other users’ profiles based on preferences or user location;
  267. to promote your profile to other users of the Services;
  268. to maintain and improve our Platform including improving the content and functionality of our Platform or customize the layout of our pages for each individual member;
  269. to tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Platform;
  270. to conduct surveys and market research in order to improve the Services;
  271. to communicate with you in connection with the Services including, subject to our obligations regarding email communications in your respective jurisdiction, for the purposes of informing you of changes or additions to the Service, or of any our products and services we believe may be of interest to you;
  272. to detect and combat fraud, and better understand how to protect your information;
  273. to process your payments and to help resolve payment disputes;
  274. to deliver targeted advertising and promotional offers to you from external companies that are of the highest relevance to your demographic profile;
  275. to manage your account and provide you with customer support;
  276. to protect our own rights and interests, such as to resolve any disputes, enforce our Terms of Use, or to respond to legal process;
  277. to save your user account, registration and profile data and other information (so you do not have to re-enter it each time you visit or use the Services); and
  278. to track your return visits to, and use of, the Services.
  279. If you’re a registered user of establishedmen.com, please note that your profile will also be available on, and visible to users of, arrangementfinders.com and datebrokecollegegirls.com.
  280. If you’re a registered user of cougarlife.com, please note that your profile will also be available on, and visible to users of, datemrsrobinson.com.
  281. We also use aggregate, de-identified and/or non-personally identifying information, which does not personally identify. For example, we may collect and analyze aggregated, de-identified, statistical information to help improve operation of the Services and manage user activity across the Platform.
  282. How will you disclose the information you collect?
  283. We may disclose personally identifiable information in the following circumstances for any or more of the purposes described above:
  284. Promotion of your Profile – We may disclose your nickname or username (not your actual name) and your photo to promote your profile to other users of the Services, who may be located in any country in the world where our Services are offered. By providing us your personally identifiable information and using the Services, you consent to the transfer of your personally identifiable information to countries outside of your jurisdiction of residence consistent with the terms of this Privacy Policy.
  285. Other Platform Members/Users – Your username, profile information and any information that you post to the Platform, including, without limitation, reviews, comments, and text will be available to, and searchable by, other users of the Platform and Services.
  286. Financial Information - In some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for use of our Service and products. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Platform, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies, data processing companies and banking institutions used to process and support your transaction or activity.
  287. Trusted Third-Parties - We may disclose your information to our service providers to perform certain functions on our behalf in connection with the provision of the Services.
  288. Legal Request - We may disclose your information to respond to law enforcement requests; or where required by applicable laws, court orders, or government regulations; or to protect against misuse or unauthorized use of our Platform; or to protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).
  289. Sale or Merger - We may disclose your information in connection with the sale, assignment, bankruptcy proceeding or other transfer of the business or a portion of the business of our Platform, including a corporate merger, consolidation, restructuring, sale of assets or other corporate change of our direct or indirect parent companies that affects us. In connection with the due diligence review involving such a potential transaction, we also may share information (including personally identifiable information) with potential acquirers, merger partners or investors, and their agents (including professionals) where such individuals agree to use personally identifiable information under the same conditions as identified in this Privacy Policy.
  290. Affiliate Entities - We may share our data, including your personally identifiable information, with our parent, subsidiary and other affiliated companies, including companies operating in different countries (each an "Affiliate") that are committed to serving your online needs and related services. Except where otherwise prohibited by applicable law, our Affiliates may use this data to communicate with you about their products and services. Our Affiliates will follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. It is possible that we or one or more of our Affiliates, or any combination of such, could merge with or be acquired by another business entity.
  291. We may disclose aggregate, de-identified and/or non-personally identifying information, which does not personally identify you or other users, in a number of circumstances including to third party advertisers.
  292. Cookies and Other Tracking
  293. We use cookies, clear GIFs, third-party analytics and other tracking mechanisms to track your use of our Platform and the Services. Such tracking mechanisms may automatically collect information such as: your IP address, domain name, browser type and operating system; web pages you view; links you click; how you move through the Platform and the length of time you visit our Platform and use the Services; and the referring URL, or the webpage that led you to our Platform. We may combine this information with other personally identifiable information we collect from you.
  294. Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies or opting out of ad networks).
  295. Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. We might use cookies to uniquely identify you, in order to help us to process your transactions and requests, to track aggregate and statistical information about user activity, and to display advertising both on our Platform and on third-party sites. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies some features of our Platform may not function. Further information may be found at www.allaboutcookies.org.
  296. Clear GIFs. Clear GIFs (a.k.a. web beacons, web bugs or pixel tags) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, though, clear GIFs are embedded invisibly on web pages, not stored on your hard drive. We might use clear GIFs to track the activities of our visitors and app users, help us manage content, and compile statistics about usage. We and our third party service providers also might use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded. These can be blocked either by using a third party application such as Ghostery (https://www.ghostery.com), or, in the case of emails, by changing your settings to prevent images from being downloaded (where your email client supports this functionality).
  297. Third-Party Analytics. We also use automated devices and applications, such as Google Analytics (https://support.google.com/analytics/answer/6004245) (to opt out, go here (https://tools.google.com/dlpage/gaoptout)), and AppsFlyer (to opt out, go here (https://www.appsflyer.com/privacy-policy/)) to evaluate usage of our Platform and the Services we provide. We use these tools to gather information about users to help us improve our services, performance and user experiences. These analytics providers may use cookies and other technologies to perform their services, and may combine the information that they collect about you on our Platform with other information that they have collected. This Privacy Policy does not cover such third parties’ use of the data: for further information please see the relevant party's privacy policy. For a list of additional Third Party analytics providers we may use, please go here (http://rubylife.com/analytics_providers).
  298. Third-Party Ad Networks
  299. We may use third parties such as network advertisers to serve advertisements on our Platform and on third-party websites or other media, and to evaluate the success of our advertising campaigns. This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about users (e.g., IP address and demographic information), but we do not disclose details such as your name or contact information. You may be able to avoid targeted ads by certain ad networks by blocking cookies (see your browser’s “Help” menu for information on how to do this); however, our Platform may not work if you block or disable cookies. For a list of networks advertisers we may use, please go here (http://rubylife.com/network_partners).
  300. Third-Party Links
  301. Our Platform and services may contain links to third-party websites. For example, when you leave our Platform, you may be directed to a third party website, which may collect your personally identifiable information. We do not supply any personally identifiable information to these third parties. Any access to and use of such linked websites, and any personally identifiable information collected in connection therewith, is not governed by this Privacy Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
  302. How long do you keep the information you collect?
  303.  
  304. We keep the personally identifiable information we collect for at least as long as your profile stays active or hidden. You may delete your account; however, we may retain a copy of your personally identifiable information in our records for a period of time, including as part of our backup procedures and as otherwise required by law.
  305. Access and Updates
  306. You have the opportunity to (i) opt-out of certain communications, (ii) modify/update personally identifiable information you have provided to us, and (iii) hide certain information visible to public users of the Platform at any time by going to the 'Manage Profile' or 'Account Settings’ sections on your profile.
  307. 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 ‘Account Settings’ 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.
  308. Do you monitor online behavior?
  309.  
  310. Our users communicate with each other through on-site mail messaging and instant messaging. While we do not, as a rule, moderate or monitor users' private exchanges, we reserve the right to do so if we suspect users of being under the age of 18 or of using our service for the purpose of solicitation or any other violation of our Terms & Conditions or Privacy Policy. Submissions that appear on the public area of the Platform are moderated and, if necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the Platform.
  311. Other Information Collectors
  312.  
  313. Except as otherwise expressly described in this Privacy Policy, this document only addresses the use and disclosure of the information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Platform (including links to third party sites) or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers or have third party e-commerce partners, they adhere to their own privacy policies. Since we do not control the privacy policies of any third parties, you should investigate their policies before you disclose your personally identifiable information to them.
  314. Security
  315. We take the protection of your personally identifiable information seriously. We protect personally identifiable information against loss and theft as well as unauthorized access, disclosure, copying, use, and modification using security safeguards, including physical, organization and technological measures, commensurate with the sensitivity of your personally identifiable information. Employees who have access to your information are made aware of the importance of keeping it confidential.
  316. Where we use service providers who might have access to your personally identifiable information, we require them to have privacy and security standards that are comparable to ours. We use contracts and other measures with our service providers to maintain the confidentiality and security of your personally identifiable information and to prevent it from being used for any other purpose.
  317. Please be aware that no data security measures can guarantee 100% security. You should also take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
  318. User Generated Content
  319. You may post content on the Platform, including your comments, pictures, and any other information that you would like to be available to other users of our Services. We cannot prevent the content you post or share on our Platform or Services from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy, or from being shared or disclosed by other users.
  320. Changes to this Privacy Policy
  321. This Privacy Policy is current as of the Effective Date set forth above. In the event we intend to materially change any of our practices set out in this Privacy Policy, including if we intend to use your Personal Information for any purpose not expressly contemplated herein, we will provide you a minimum of thirty (30) days prior written notice of such change and obtain your consent to the extent required under applicable law.
  322. Contact Us / Complaints
  323. If you have any questions related to the foregoing or any of the terms or conditions of this Privacy Policy, or if you wish complain to us in writing about how we have handled your personally identifiable information, please feel free to contact us at privacyofficer@rubylife.com. All other inquiries should be sent using our Contact Us (https://www.ashleymadison.com/app/public/contactform.p) section.
  324. We aim to resolve all complaints promptly.
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