Beyond Chai’s Terms of Service governs our relationship with users and relationships between users who interact with Beyond Chai. By using or accessing Beyond Chai, located at “website,” (the “Site”), you become a user, and agree to, and our bound by, these Terms of Service or “TOS,” for as long as you continue to use the Site. Beyond Chai reserves the right to change or amend the TOS 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 TOS constitutes your acceptance of any changes. Beyond Chai is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.
The Beyond Chai site includes the following pages, without limitation: a classified advertisements page, interactive content and profile pages, a chatting and messaging service page, and matchmaking page.
Use of the Matchmaking Service:
You own all of the content and information you post on Beyond Chai, and you can control how it is shared through your website and privacy settings. 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 Beyond Chai site. Content prohibited by the TOS includes but is not limited to:
User's ad text may not assert or imply, directly or indirectly, within the ad content or by targeting, a user's personal characteristics within the following categories:
Users agree to only use the Site in a manner consistent with this TOS 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.
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 post on or in connection with Beyond Chai (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.
You assume all risk when using Beyond Chai, including but not limited to all the risks associated with any online or outside interactions with other users.
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).
1. 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 Beyond Chai 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 Beyond Chai 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. Disclosure By Law. You acknowledge and agree that Beyond Chai 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 Beyond Chai’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.
The Site may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Beyond Chai, and Beyond Chai 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. Beyond Chai provides these links to you only as a convenience, and the inclusion of any link does not imply that Beyond Chai 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 Beyond Chai 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 Beyond Chai with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Site.
Beyond Chai 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 Beyond Chai, and, if you create an account on Beyond Chai, you are responsible for all conduct or activities on, through or by use of your account. You agree to indemnify and hold Beyond Chai and Beyond Chai 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 Beyond Chai or Beyond Chai, and related to or arising out of any conduct or activities on, through or by use of your Beyond Chai account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Beyond Chai or Beyond Chai Representatives.
Beyond Chai and Beyond Chai 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 Beyond Chai and Beyond Chai 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 TOS. This indemnification obligation includes payment of any attorneys' fees and costs incurred by Beyond Chai or Beyond Chai Representatives.
In order to keep Beyond Chai safe, we need you to agree to the following in regard to registering and maintaining the security of your account:
The same or substantially similar content may not be posted in more than one Beyond Chai category. A user may post content only in the single Beyond Chai category to which it is most relevant, and must not post content to inappropriate categories.
2. A user may post the same or substantially similar content no more than once every 48 hours.
3. Users may not circumvent any technological measure implemented by Beyond Chai to restrict the manner in which content may be posted on Beyond Chai 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 Beyond Chai 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."
4. It is expressly prohibited to post content to Beyond Chai 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 Beyond Chai for each instance of access to Beyond Chai (by any user or other third party) using that automated means.
5. Affiliate marketing is expressly prohibited on Beyond Chai. Users may not post content or communicate with any Beyond Chai user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.
BEYOND CHAI AND THE BEYOND CHAI REPRESENTATIVES SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI 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 BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI, 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 BEYOND CHAI OR ANY BEYOND CHAI 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 BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI; ANY INABILITY TO ACCESS OR USE BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI.
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 BEYOND CHAI OR CONTENT ACCESSED THROUGH BEYOND CHAI (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON BEYOND CHAI AND LINKS IN CONTENT ACCESSED THROUGH BEYOND CHAI).
You hereby release Beyond Chai and each of the Beyond Chai 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 Beyond Chai or content accessed through Beyond Chai, or any interactions with others arising out of or related to Beyond Chai or content accessed through Beyond Chai.
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 Beyond Chai directly.
You acknowledge and agree that any violation or breach of the TOS may cause Beyond Chai immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the TOS or other applicable legal requirements, Beyond Chai 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 TOS. In addition to any and all other remedies available to Beyond Chai in law or in equity, Beyond Chai may seek specific performance of any term in the TOS, including but not limited to by preliminary or permanent injunction.
In addition to any injunctive relief, you agree to pay to Beyond Chai the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of the TOS for which you bear responsibility; EXCEPT you acknowledge that, for certain TOS violations, actual damages would be extremely difficult or impossible to quantify.