Terms of Use Agreement
These Terms of Use (the “Agreement”) are an agreement between ShiaCafe and you (“Customer”, “client”, “user”, “you” or “your”). ShiaCafe’s Terms of Use governs our relationship with users and relationships between users who interact with ShiaCafe. By using or accessing ShiaCafe, located at our website (the “Site”), you become a user, and agree to, and our bound by, these Terms of Use or “TOU” for as long as you continue to use the Site. ShiaCafe reserves the right to change or amend the TOU in its sole discretion at any time. Any such changes will be posted on the Site. Your continued use of the site after the changes are made to the TOU constitutes your acceptance of any changes. ShiaCafe is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the ShiaCafe website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.
The ShiaCafe site may now or in the future include the following pages, without limitation: a classified advertisements page, interactive content and profile pages, a chatting and messaging service page, and matchmaking page.
Terms of Use (TOU) for the Matchmaking Service
Eligibility:
Marital Status: By requesting to use, registering to use, or using the Matchmaking Service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Matchmaking Service.
Minimum Age: You must be at least 18 years of age to use or register for the Matchmaking Service. By using the Matchmaking Service, you represent and warrant that you are at least 18 years of age.
Criminal History: By requesting to use, registering to use, or using the Matchmaking Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. ShiaCafe currently does not perform criminal background checks on its Matchmaking Service members. However, ShiaCafe reserves the right to perform a criminal background check at any time to verify compliance with this provision. By agreeing to these terms, you hereby authorize any such check.
Payment and Billing. ShiaCafe currently charges for introductions in some countries. If that is the case for you in the country where you reside, this will be indicated to you in your dashboard. We retain the right to change all prices at any time, and to start charging for introductions in any country at any time.
Termination of Use:
You may terminate use of the Matchmaking Services by contacting us via email or through the Contact Us form on httpss://ShiaCafeshiacafe.com/contact/ if it is live.
Once notified, we will cease looking for matches for you.
ShiaCafe may terminate this Agreement at any time without notice.
Use of the Matchmaking Service:
Any and all use of the ShiaCafe is subject to the Terms of Use for the ShiaCafe site, in addition to the TOU for the Matchmaking Service.
No Guarantees: ShiaCafe is not responsible for any inaccurate or incorrect Content that is provided or transmitted by our users, or associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any user of the Services. We are not responsible for any errors or delays in communications between users. We are not responsible for the Content of messages, or in-person communications, between users. We are also not responsible for any unauthorized access to the accounts of our users. ShiaCafe is not responsible for any damage to users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone’s use of the Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Website or our Services. As confident as we are in our match-making abilities, ShiaCafe does not guarantee that using the Services will result in a potential match or a marriage, and we do not guarantee that using the Services will result in any type of relationship or relationship potential between you and another person or group of people. We cannot guarantee what happens after two of you are introduced. ShiaCafe does not guarantee your compatibility, offline or online, with any other users of the site, whether recommended, suggested, or not. ShiaCafe does not guarantee that contact will be made after the introduction. Any advice that may be posted on the Website is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, medical, financial, legal, or other advice.
No False Information. You will not provide inaccurate, misleading or false information to ShiaCafe or to any other user. If information provided to ShiaCafe or another user subsequently becomes inaccurate, misleading or false, you will promptly notify ShiaCafe of such change.
Unique and Bona Fide Profile. As a User of the Matchmaking Service, you will create only one unique profile. In addition, your use of the Matchmaking Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Matchmaking Service.
No refunds. ShiaCafe does not offer or grant refunds under any circumstance. If you buy a pre-paid package (ex. Prepay with Priority), the purpose of the payment is the priority that we give you in searching for your match and also the discount to the regular price that you receive. That priority is always provided, even if there is no match found, and there is no guarantee of a match. Therefore as the priority search and discount are delivered, the service is complete and there is no basis for a refund. If you do not pre-pay, and only pay once an introduction is made, our service is complete at the time of the introduction. Payment does not depend on the outcome of the introduction. Thus no refunds are offered.
WAIVERS OF WARRANTIES
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SHIACAFE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. SHIACAFE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SHIACAFE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. SHIACAFE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL SHIACAFE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE MATCHMAKING SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SITE OR PERSONS YOU MEET THROUGH THIS SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT SHIACAFE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SITE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
1. Use of the Site
You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account. In addition:
Prohibited Content: Users may not post or create prohibited content on the ShiaCafe site. Content prohibited by the TOU includes but is not limited to:
Illegal content;
Content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;
Offensive content (including, without limitation, defamatory, threatening, hateful or pornographic content);
Content that discloses another’s personal, confidential or proprietary information;
False or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via ShiaCafe);
Malicious content (including, without limitation, malware or spyware);
Content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to ShiaCafe would violate these TOU or ShiaCafe’s other legal rights; and
Content that offers, promotes, advertises or provides links to unsolicited products or services. Other content prohibitions are set forth in guidelines for particular categories or services on ShiaCafe and all such prohibitions are expressly incorporated into these TOU.
Content advertising Adult Products: ads may not promote the sale or use of adult products or services, including but not limited to toys, videos, publications, live shows, or sexual enhancement products.
Content advertising Alcohol: Ads that promote or reference alcohol are prohibited on ShiaCafe.
Content including ads for adult friend finders or dating sites with a sexual emphasis are not permitted.
Content promoting or facilitating the sale or consumption of illegal or recreational drugs, tobacco products, or drug or tobacco paraphernalia.
Content promoting or facilitating online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker is not permitted.
2. Non-Discrimination Policy
ShiaCafe does not discriminate against any user based on any of the following
race or ethnic origin
religion or philosophical belief
age;
sexual orientation or sexual life;
gender identity;
disability or medical condition (including physical or mental health)
financial status or information;
membership in a trade union
In addition, if in the future we enable users to create public profiles, you may not post, upload, display or otherwise make available Content (either on or off the Website) that constitutes or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, including but not limited to based on race, national origin, gender, sexual orientation, or physical handicap.
3. Compliance with laws and statutes
Users agree to only use the Site in a manner consistent with this TOU and any and all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export control laws. By using the Site, you represent and warrant that you have not been designated by the U.S. Government as a “Specially Designated National” or other person to whom the provisions of the Site are prohibited. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) 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 (ii) 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 the Software, 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.
4. IP Content
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide to ShiaCafe or post on or in connection with ShiaCafe (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
5. Risk Assumption and Precautions
You assume all risk when using ShiaCafe, including but not limited to all the risks associated with any online or outside interactions with other users.
6. Deleting Content
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
7. Monitoring Content
ShiaCafe reserves the right, but has no obligation, to monitor the information or material you submit to the Site or post in the public or private areas of the Site. ShiaCafe has the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this TOU or upon the request of any third party.
Although ShiaCafe Representatives may moderate content on ShiaCafe at ShiaCafe’s discretion, ShiaCafe officials have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of ShiaCafe will resolve any alleged problem or complaint, or that they or anyone else on behalf of ShiaCafe will otherwise stop, cure or prevent any problem, content, or conduct from occurring or recurring. Accordingly, you further agree that any representation by any ShiaCafe official (or by anyone else acting on behalf of ShiaCafe or by anyone purportedly acting on behalf of ShiaCafe) that ShiaCafe would or would not prevent, restrict, redress or regulate any content or conduct or to implement other enforcement measures against any content or conduct is superseded by this provision and is non-binding and unenforceable. Specifically, you agree that ShiaCafe, ShiaCafe Representatives and anyone else authorized to act on behalf of ShiaCafe shall in no circumstance be liable as a result of any representation that ShiaCafe, a ShiaCafe Representative or anyone else on behalf of ShiaCafe would or would not restrict or redress any content or conduct. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by ShiaCafe’s Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
ShiaCafe also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of ShiaCafe at any time without notice. ShiaCafe and ShiaCafe Representatives shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Flagging: A user shall not flag (or otherwise seek removal of) content on ShiaCafe without a personal, good-faith belief that the content violates the TOU. A user may flag content only on his/her own behalf and may only flag a specific item of content once. A user must not permit, enable, induce or encourage others to flag content for them. A user flagging content must do so manually and may not employ any automated means, products or services to flag content. A user must not circumvent any technological restrictions (security measures) in the flagging process. Without limitation, this prohibition includes a ban on the use of multiple IP addresses for flagging.
8. Use of Social Media Sites
On certain pages, ShiaCafe may allow you to connect your ShiaCafe profile account to your account on some social networking sites (such as via Facebook Connect) for the purpose of logging in, uploading information or enabling certain features. If ShiaCafe uses this feature in a specific area of the Site, we will disclose to you the information we collect from the connected social networking site, and will use such information in compliance with our Privacy Policy. Once connected, some of your profile friends or matches may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your ShiaCafe account to your account on any social networking site, you hereby consent to the continuous release of information about you to ShiaCafe. We will not send any of your ShiaCafe account information to the connected social networking site without first disclosing that to you. If such connection to social networking sites is allowed and enabled, you can always disconnect the accounts via an Account Settings page. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
9. Proprietary Rights
a) License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Site, or making it accessible to us by linking your ShiaCafe account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to ShiaCafe and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
b) Disclosure by Law. You acknowledge and agree that ShiaCafe may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend ShiaCafe’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
10. Links to Third-Party Web Sites /Advertisers and Sponsors
The Site may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of ShiaCafe, and ShiaCafe is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. ShiaCafe provides these links to you only as a convenience, and the inclusion of any link does not imply that ShiaCafe endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Site (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that ShiaCafe will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to ShiaCafe with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Site.
11. Liability for users or user conduct
ShiaCafe does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to ShiaCafe, and, if you provide information to ShiaCafe or create an account on ShiaCafe, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold ShiaCafe and ShiaCafe Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to ShiaCafe or ShiaCafe, and related to or arising out of any conduct or activities on, through or by use of your ShiaCafe account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by ShiaCafe or ShiaCafe Representatives.
12. User Communications, Transactions, Interactions, Disputes and Relations
ShiaCafe and ShiaCafe Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization (“your interactions with others”). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold ShiaCafe and ShiaCafe Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted); (c) your use of or reliance on any user content; and (d) your violation of the TOU. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by ShiaCafe or ShiaCafe Representatives.
13. Providing information, Registration and Account Security
In order to keep ShiaCafe safe, we need you to agree to the following in regard to providing information to ShiaCafe, and/or registering and maintaining the security of your account:
You will not provide any false personal information to or on ShiaCafe, or provide information and/or create an account for anyone other than yourself without permission.
You will not create more than one profile or account, including a telephone or phone-verified account (“PVA”), to post content. A user specifically may not create or use additional accounts for the purpose of circumventing technological restrictions (security measures) in the posting process or otherwise for posting content in violation of the TOU.
The purchase and sale of accounts is expressly prohibited.
If we disable your account, you will not create another one without our permission.
You will not use ShiaCafe if you are under 18.
You will not use ShiaCafe if you are currently legally married.
You will not use ShiaCafe if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
If you are asked to select a username and password, you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
If you select a username or similar identifier for your account or profile, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
14. Content Postings
If posting content is allowed by ShiaCafe, then users may not circumvent any technological measure implemented by ShiaCafe to restrict the manner in which content may be posted on ShiaCafe or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent ShiaCafe accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”
It is expressly prohibited to post content to ShiaCafe using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) shall be responsible and liable to ShiaCafe for each instance of access to ShiaCafe (by any user or other third party) using that automated means.
Affiliate marketing is expressly prohibited on ShiaCafe. Users may not post content or communicate with any ShiaCafe user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
15. Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this TOU or ShiaCafe exclusively in a state or federal court located in Mercer County, New Jersey. The laws of the State of New Jersey will govern this TOU, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Mercer County, New Jersey for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on ShiaCafe, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on ShiaCafe and are not responsible for the content or information users transmit or share on ShiaCafe. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ShiaCafe. We are not responsible for the conduct, whether online or offline, or any user of ShiaCafe.
16. LIMITATIONS OF LIABILITY
SHIACAFE AND THE SHIACAFE REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON SHIACAFE OR CONTENT ACCESSED THROUGH SHIACAFE BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO SHIACAFE OR CONTENT ACCESSED THROUGH SHIACAFE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SHIACAFE OR ANY SHIACAFE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF SHIACAFE OR CONTENT ACCESSED THROUGH SHIACAFE; ANY INABILITY TO ACCESS OR USE SHIACAFE OR CONTENT ACCESSED THROUGH SHIACAFE; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF SHIACAFE OR CONTENT ACCESSED THROUGH SHIACAFE.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF SHIACAFE OR CONTENT ACCESSED THROUGH SHIACAFE (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON SHIACAFE AND LINKS IN CONTENT ACCESSED THROUGH SHIACAFE).
You hereby release ShiaCafe and each of the ShiaCafe Representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to ShiaCafe or content accessed through ShiaCafe, or any interactions with others arising out of or related to ShiaCafe or content accessed through ShiaCafe.
17. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights (including trademark rights) have been otherwise violated, please contact ShiaCafe directly.
18. Injunctive Relief
You acknowledge and agree that any violation or breach of the TOU may cause ShiaCafe immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOU or other applicable legal requirements, ShiaCafe has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the TOU. In addition to any and all other remedies available to ShiaCafe in law or in equity, ShiaCafe may seek specific performance of any term in the TOU, including but not limited to by preliminary or permanent injunction.
20. Damages
In addition to any injunctive relief, you agree to pay to ShiaCafe the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOU for which you bear responsibility; EXCEPT you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify.
21. Other
This TOU makes up the entire agreement between the parties regarding ShiaCafe, and supersedes any prior agreements.
If any portion of this TOU is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this TOU, it will not be considered a waiver.
Any amendment to or waiver of this TOU must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this TOU to anyone else without our consent.
All of our rights and obligations under this TOU are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this TOU shall prevent us from complying with the law.
This TOU does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing ShiaCafe.