Terms and Conditions of Membership

These Terms and Conditions of Membership (the “Agreement”) are an agreement between Shia Alchemy and you (“Customer”, “client”, “user”, “you” or “your”). Shia Alchemy’s Terms and Conditions of Membership govern our relationship with users and relationships between users who interact with Shia Alchemy. By using or accessing Shia Alchemy, located at our website (the “Site”), you become a user, and agree to, and our bound by, these Terms and Conditions of Membership or “TOM” for as long as you continue to use the Site. Shia Alchemy reserves the right to change or amend the TOM 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 TOM constitutes your acceptance of any changes. Shia Alchemy is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorised.

We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the Shia Alchemy 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 authorised to use or access the Services.

Terms and Conditions of Membership (TOM) 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 by law of the land, 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. Shia Alchemy currently does not perform criminal background checks on its Matchmaking Service members. However, Shia Alchemy 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 authorise any such check.

Payment and Billing.

Shia Alchemy charges for introductions by wayof membership packages. 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 through the contact form.

Once notified, we will cease looking for matches for you.

Shia Alchemy may terminate this Agreement at any time without notice.

Use of the Matchmaking Service:

Any and all use of Shia Alchemy is subject to the Terms and Conditions of Membership for the Shia Alchemy site, in addition to the Terms of Use for the Matchmaking Service.

No Guarantees: Shia Alchemy 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 unauthorised access to the accounts of our users. Shia Alchemy 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, Shia Alchemy 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 you are introduced to a potential match. Shia Alchemy does not guarantee your compatibility, offline or online, with any other users of the site, whether recommended, suggested, or not. Shia Alchemy 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 Shia Alchemy or to any other user. If information provided to Shia Alchemy or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Shia Alchemy 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. Shia Alchemy does not offer or grant refunds under any circumstance. If you purchase a membership package, the purpose of the payment is to cover the administration and running costs of the service. That service is always provided, even if there is no match found, and there is no guarantee of a match.

WAIVERS OF WARRANTIES

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SHIA ALCHEMY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. SHIA ALCHEMY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SHIA ALCHEMY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. SHIA ALCHEMY 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 SHIA ALCHEMY 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 SHIA ALCHEMY 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.

Use of the Site

You are 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.

Non-Discrimination Policy

Shia Alchemy does not discriminate against any user based on any of the following

race or ethnic origin

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.

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 Shia Alchemy or post on or in connection with Shia Alchemy (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.

Risk Assumption and Precautions

You assume all risk when using Shia Alchemy, including but not limited to all the risks associated with any online or outside interactions with other users.

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).

Monitoring Content

Shia Alchemy 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. Shia Alchemy 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 TOM or upon the request of any third party.

Although Shia Alchemy Representatives may moderate content on Shia Alchemy at Shia Alchemy’s discretion, Shia Alchemy officials have no authority to make binding commitments, promises or representations to anyone that they or anyone else on behalf of Shia Alchemy will resolve any alleged problem or complaint, or that they or anyone else on behalf of Shia Alchemy will otherwise stop, cure or prevent any problem, content, or conduct from occurring or recurring. Accordingly, you further agree that any representation by any Shia Alchemy official (or by anyone else acting on behalf of Shia Alchemy or by anyone purportedly acting on behalf of Shia Alchemy) that Shia Alchemy 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 Shia Alchemy, Shia Alchemy Representatives and anyone else authorised to act on behalf of Shia Alchemy shall in no circumstance be liable as a result of any representation that Shia Alchemy, a Shia Alchemy Representative or anyone else on behalf of Shia Alchemy 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 Shia Alchemy’s Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Shia Alchemy also has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of Shia Alchemy at any time without notice. Shia Alchemy and Shia Alchemy 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 Shia Alchemy without a personal, good-faith belief that the content violates the TOM. 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.

Use of Social Media Sites

On certain pages, Shia Alchemy may allow you to connect your Shia Alchemy 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 Shia Alchemy 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 Shia Alchemy account to your account on any social networking site, you hereby consent to the continuous release of information about you to Shia Alchemy. We will not send any of your Shia Alchemy 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.

Proprietary Rights

1. 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 Shia Alchemy 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 Shia Alchemy 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.
2. b) Disclosure by Law. You acknowledge and agree that Shia Alchemy 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 Shia Alchemy’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.

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 Shia Alchemy, and Shia Alchemy 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. Shia Alchemy provides these links to you only as a convenience, and the inclusion of any link does not imply that Shia Alchemy endorses or accepts any responsibility for the content on such third-party website. 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 Shia Alchemy 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 Shia Alchemy with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Site.

Liability for users or user conduct

Shia Alchemy 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 Shia Alchemy, and, if you provide information to Shia Alchemy or create an account on Shia Alchemy, you are responsible for all conduct or activities on, through or by use of your account.

You agree to indemnify and hold Shia Alchemy and Shia Alchemy 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 Shia Alchemy or Shia Alchemy, and related to or arising out of any conduct or activities on, through or by use of your Shia Alchemy account, if any. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Shia Alchemy or Shia Alchemy Representatives.

User Communications, Transactions, Interactions, Disputes and Relations

Shia Alchemy and Shia Alchemy 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 Shia Alchemy and Shia Alchemy 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 TOM. This indemnification obligation includes payment of any attorneys’ fees and costs incurred by Shia Alchemy or Shia Alchemy Representatives.

Providing information, Registration and Account Security

In order to keep Shia Alchemy safe, we need you to agree to the following in regard to providing information to Shia Alchemy, and/or registering and maintaining the security of your account:

You will not provide any false personal information to or on Shia Alchemy, 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 TOM.

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 Shia Alchemy if you are under 18.

You will not use Shia Alchemy if you are currently legally married.

You will not use Shia Alchemy 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).

Content Postings

If posting content is allowed by Shia Alchemy, then users may not circumvent any technological measure implemented by Shia Alchemy to restrict the manner in which content may be posted on Shia Alchemy 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 Shia Alchemy 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 Shia Alchemy 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 Shia Alchemy for each instance of access to Shia Alchemy (by any user or other third party) using that automated means.

Affiliate marketing is expressly prohibited on Shia Alchemy. Users may not post content or communicate with any Shia Alchemy user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

LIMITATIONS OF LIABILITY

SHIA ALCHEMY AND SHIA ALCHEMY REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON SHIS ALCHEMY OR CONTENT ACCESSED THROUGH SHIA ALCHEMY 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 SHIA ALCHEMY OR CONTENT ACCESSED THROUGH SHIA ALCHEMY, 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 SHIA ALCHEMY OR ANY SHIA ALCHEMY 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 AUTHORISED OR UNAUTHORISED ACCESS TO OR USE OF SHIA ALCHEMY OR CONTENT ACCESSED THROUGH SHIA ALCHEMY; ANY INABILITY TO ACCESS OR USE SHIA ALCHEMY OR CONTENT ACCESSED THROUGH SHIA ALCHEMY; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF SHIA ALCHEMY OR CONTENT ACCESSED THROUGH SHIA ALCHEMY.

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 SHIA ALCHEMY OR CONTENT ACCESSED THROUGH SHIA ALCHEMY (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON SHIA ALCHEMY AND LINKS IN CONTENT ACCESSED THROUGH SHIA ALCHEMY).

You hereby release Shia Alchemy and each of the Shia Alchemy 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 Shia Alchemy or content accessed through Shia Alchemy, or any interactions with others arising out of or related to Shia Alchemy or content accessed through Shia Alchemy.

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 Shia Alchemy directly.