Shisha.com terms of service (US VERSION)

Welcome to Shisha.com. This website and mobile application ("Platform") is operated by AIR Distribution USA Inc., a California corporation with its principal place of business at 3525 Whitehall Park Drive, Suite 300, Charlotte, North Carolina 28273 ("AIR", "we", "us", "our").

For questions or complaints, contact us at: support@shisha.com or Legal Department, AIR Distribution USA Inc., 3525 Whitehall Park Drive, Suite 300, Charlotte, NC 28273.

Governing Law: These Terms are governed by the laws of the State of North Carolina and applicable federal law, without regard to conflict of law principles. This choice of law does not limit any consumer protection rights that cannot be waived under the law of your state of residence.

Jurisdiction: You agree to submit to the personal jurisdiction of the courts located in Mecklenburg County, North Carolina, USA, for any disputes arising out of or related to these Terms.

Tobacco Industry Notice: This Platform relates to tobacco and hookah products. By using this Platform, you acknowledge that tobacco use involves health risks.

Enhanced Age Requirements: You must be at least 21 years old to use this Platform, or the minimum legal age for tobacco use in your state of residence, whichever is higher.

Verification Process: We may require government-issued photo identification to verify your age. Failure to provide adequate verification may result in account suspension or termination.

Prohibited Access: Minors are strictly prohibited from accessing this Platform. We employ age verification technology and reserve the right to request additional verification at any time.

Ongoing Compliance: We reserve the right to limit your access where we have reasonable suspicion that a user is underage or has provided false age verification information.

Registration: To access certain features of this Platform, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and are solely liable for all activities that occur under your account.

Age Verification Data: During registration, you must provide date of birth and may be required to upload government-issued identification for age verification purposes.

User Credentials: Upon registration, you will choose a user ID and password. Your user ID must not be misleading and must comply with our content standards. You must not use your account to impersonate any person.

Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. You must notify us immediately in writing if you become aware of any unauthorized use of your account or disclosure of your password.

Account Restrictions: You must not allow any other person to use your account, and you must not use any other person's account to access the Platform.

Our Rights: We may suspend, cancel, or edit your account at any time in our sole discretion without notice or explanation where we have reasonable belief that the account has been misused, or by emailing you if we are suspending, cancelling, or editing your account for any other reason.

Your Rights: You may cancel your account at any time through your account control panel or by contacting us at support@shisha.com.

Health Warning: The Surgeon General has determined that tobacco use is harmful to your health and may cause cancer, heart disease, lung disease, and other serious health conditions.

No Health Claims: We make no health claims about tobacco or hookah products. All content on this Platform is for informational and entertainment purposes only.

Compliance Notice: You agree to comply with all applicable federal, state, and local tobacco laws and regulations in your jurisdiction.

Application: These content standards apply to any material you contribute to the Platform ("Contribution"), including posts, comments, reviews, photos, videos, and any interactive services.

Content Warranty: You warrant that any Contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty.

Enforcement Actions: When we consider that a breach has occurred, we may:

• Immediately, temporarily, or permanently withdraw your right to use the Platform
• Immediately, temporarily, or permanently remove any Contribution
• Issue a warning to you
• Initiate legal proceedings against you
• Disclose information to law enforcement authorities as necessary or required by law

Content Moderation: We reserve the right to moderate content but are under no obligation to oversee, monitor, or moderate all interactive services. We expressly exclude our liability for any loss or damage arising from user content that violates our content standards.

Content License: Any Contribution you upload will be considered non-confidential and non-proprietary. You retain all ownership rights in your content, but you grant us and other users a perpetual, royalty-free, non-exclusive, transferable license to use, store, copy, reproduce, prepare and display derivative works containing such content, and to distribute and make it available to third parties anywhere in the world.

Identity Disclosure: We have the right to disclose your identity to any third party claiming that content you posted violates their intellectual property rights or right to privacy.

Content Removal: We have the right to remove any posting that does not comply with our content standards.

Backup Responsibility: You are solely responsible for securing and backing up your content.

Directory Functionality: Our Platform includes a directory of shisha lounges and related businesses. Business information is aggregated from publicly available sources, third-party data providers, and business owner submissions.

Data Sources: We collect business information from Apify web scraping, business owner submissions, and user-generated content. We validate and enrich this data to provide accurate listings.

Business Owner Rights: Business owners may claim their listings and update information. We reserve the right to verify ownership before granting management access through our verification process.

Data Accuracy: While we strive for accuracy, we do not guarantee the completeness or accuracy of business information. Users should verify information directly with businesses before relying on it.

Third-Party Attribution: Where we display information from third-party sources, we provide appropriate attribution and link-backs to original sources.

Privacy Policy: Your use of the Platform is subject to our Privacy Policy, which is incorporated by reference into these Terms.

California Privacy Rights: California residents have specific rights under the California Consumer Privacy Act (CCPA), as detailed in our Privacy Policy.

State Privacy Rights: Residents of other states may have additional privacy rights under applicable state laws.

Data Security: We implement reasonable security measures to protect your personal information, but cannot guarantee absolute security.

Internet Transmissions: You acknowledge that transmissions via internet are never completely secure or private. Any message or information you send to the Platform may be accessed or read by third parties, even if there is a specific notice that a particular transmission is encrypted.

Platform Content: All content on the Platform, except user-generated content, is owned by AIR or its licensors and protected by copyright, trademark, and other intellectual property laws.

Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes only.

Restrictions: You must not copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works from Platform materials and content, and must not assist or facilitate any third party to do so.

Trademark Notice: "Shisha.com," "Al Fakher," and related marks are trademarks of AIR and its affiliates.

You must not:

• Use the Platform for any unlawful purpose or in violation of applicable law
• Attempt to circumvent any age verification measures
• Promote tobacco products to minors
• Violate any applicable tobacco advertising restrictions
• Introduce viruses, Trojans, malware, ransomware, or other malicious material
• Attempt to gain unauthorized access to the Platform, servers, or databases
• Attack the Platform using denial of service attacks
• Create false or misleading business listings
• Interfere with Platform security or functionality

Changes to Platform: We may update and modify the Platform periodically to reflect changes in our products, user needs, business priorities, or to comply with legal or regulatory requirements.

Changes to Terms: We may update these Terms by posting the revised version on the Platform. Changes will be effective from the date they are made publicly available. Your continued use of the Platform constitutes acceptance of modifications. We will try to give you reasonable notice of changes.

Platform Availability: We do not guarantee that the Platform will always be available or uninterrupted. We may suspend, withdraw, or limit availability for operational and business reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Services Offered: We may provide interactive services including video-sharing facilities, chat rooms, and bulletin boards.

Moderation: Where we provide interactive services, we will provide clear information about the type of service, whether it is moderated, and what form of moderation is used (human or technical).

No Obligation: We are under no obligation to oversee, monitor, or moderate any interactive service, and we expressly exclude our liability for any loss or damage arising from user violations of our content standards.

Prohibited Content: We do not store terrorist content and will remove any such content immediately.

External Links: When our Platform contains links to other sites and resources offered by third parties, these links are provided for informational purposes only.

No Endorsement: Such links should not be construed as recommendations or endorsement by us of such linked websites or information obtained from them.

No Responsibility: We have no control over and do not take responsibility for the content of external sites or third-party resources.

Foreseeable Loss: We will be responsible for foreseeable loss and damage caused by us. If we do not comply with these Terms, we will be liable for any loss or damage you suffer that is the foreseeable result of our breach or failure to use reasonable care and skill.

No Limitation Where Prohibited: We do not exclude or limit our liability in any way where it is not legal to do so, including liability for death or personal injury resulting from our negligence or that of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.

Platform Disclaimers: We do not guarantee that the Platform will be free from programming errors or viruses. You are responsible for configuring your technology and using virus protection software.

Content Disclaimers: User-generated content represents the views of individual users, not AIR. We disclaim responsibility for user content.

Tobacco-Related Disclaimers: We disclaim all warranties regarding health effects of tobacco products discussed on the Platform.

Right to Cancel: You may cancel your account at any time through your account settings or by contacting us.

Consumer Rights: These Terms do not limit any consumer rights that cannot be waived under applicable federal or state law. Your statutory rights are not affected by these Terms.

State Consumer Protection: Where state consumer protection laws provide greater protections than these Terms, those state laws will apply.

Federal Compliance: This Platform is designed to support compliance with applicable FDA tobacco regulations and FTC advertising guidelines.

State Compliance: Users must comply with tobacco laws in their state of residence. Some states prohibit certain tobacco advertising or have enhanced age requirements.

Regulatory Changes: We may modify the Platform to support compliance with changing tobacco regulations.

Supplemental Terms: Additional terms and conditions may apply to specific parts or features of the Platform, including purchases, contests, promotions, or similar features. You agree to abide by such additional terms.

Age Requirements: Where applicable, you must be of the appropriate legal age to use a service or feature.

Conflicts: In the event of any conflict between these Terms and terms applicable to a particular portion of the Platform, the latter shall govern your use of that portion.

Assignment: We may transfer the contract formed between you and us under these Terms to another third-party organization. If this happens, we will inform you in writing or by posting updated Terms. We will ensure that the transfer does not affect your rights under the contract.

Severability: If a court determines that any provision of these Terms is not legal, the relevant provision shall be restricted to legally permissible content or replaced by a valid term that reflects the intent of the parties. If amendment or replacement is not possible, the rest of the contract shall remain in effect.

No Third-Party Rights: This contract is only between you and us. No other party has any rights under this contract.

No Waiver: The fact that we do not insist on immediate enforcement of your rights under these Terms, or if we delay in taking action against you, does not mean we waive such rights or prevent us from taking action at a later time.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and AIR regarding use of the Platform.

No Reliance: You confirm that you have not relied on any representation other than the content of these Terms.

These Terms are available in English and other languages. The English version will be binding to the extent of any conflict and as permitted by law.

For legal notices and service of process: Legal Department AIR Distribution USA Inc. 3525 Whitehall Park Drive, Suite 300 Charlotte, NC 28273 Email: legal@air.global