1. INTRODUCTION

1.1 Please note that your use of the services offered by The Shebeen is governed by the Terms set out herein. Upon acceptance of the Terms, it constitutes a legal agreement between you and The shebeen ("The Shebeen" or "we" or "us" or "our"). Before using the service in any way whatsoever, you must read and ensure your understanding and unconditional agreement to all of the Terms. Use of the service implies your acceptance without modification of all of the terms, conditions, rules and regulations contemplated in the Terms, including (without being limited to) the privacy policy. You are therefore bound to the Terms as soon as you use the service. If you do not agree to all of the Terms set out herein, you may not use the service.

1.2 The Shebeen reserves the right to update or revise the Terms from time to time without notice to you. The updated or revised version of the Terms will be displayed on this website together with the date on which it will become effective, which will never be less than 30 days after the date on which it was first displayed. Please check the Terms periodically for changes. Your continued use of the service following the posting of any changes to the Terms constitutes your acceptance of those changes.

1.3 PLEASE BE WARNED THAT INFORMATION MADE AVAILABLE BY YOU IN OR THROUGH THE SERVICE ARE ACCESSIBLE BY THIRD PARTIES. ACCORDINGLY, PLEASE GUARD AGAINST MAKING PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE IN OR THROUGH THE SERVICE BECAUSE THIRD PARTIES CAN USE SUCH INFORMATION TO YOUR DETRIMENT.

1.4 ALSO NOTE THAT ANY CONTENT AVAILABLE IN OR THROUGH THE SERVICE DOES NOT REFLECT THE OPINION OF THE SHEBEEN. IT SHOULD NOT BE RELIED ON AS PROFESSIONAL ADVICE. PLEASE CONSULT AN APPROPRIATE PROFESSIONAL AND HAVE THE CONTENT VERIFIED INDEPENDENTLY PRIOR TO MAKING ANY DECISIONS OR INVESTMENTS BASED ON THE CONTENT.


2. DEFINITIONS

2.1 For convenience, The Shebeen has defined certain words and phrases used throughout the Terms:

2.1.1 "the content" means the information, data, text, communications, graphics, software, images, sounds, messages and any other material whatsoever, available in or through the service, regardless of whether or not such content has been made available in or through the service by The Shebeen, yourself or any other third party whatsoever;

2.1.2 "use of the service(s)" or "using the service(s)" means (i) participating in the service by making content available in or through the service in any way whatsoever, including (without being limited to) posting, uploading, or transmitting content in or through the service and (ii) using the content available in or through the service in any way whatsoever; and

2.1.3 "the service(s)" means your access to the Forum and all of the services provided in or through The Shebeen including (without being limited to) your participation in the Forum and your use of the content available in or through the Forum in any way whatsoever.


3. THE RULES

The service must be used in accordance with the rules set out below:

3.1. You may not impersonate any person or entity (whether actual or fictitious), falsely state or otherwise misrepresent your affiliation with a person or entity or use any inappropriate name whatsoever.

3.2. You may only use the service for your own personal use and not to obtain any direct financial gain or for any other commercial purpose whatsoever, including (without being limited to) mass marketing.

3.3 You may not use the service for pyramid schemes, any form of unauthorised advertising, chain letters, junk mail, "spamming" solicitations or bulk communications of any kind whatsoever.

3.4 You may not make content available in or through the service that -

(a) is unlawful, threatening, abusive, harassing, defamatory, tortuous, libelous, fraudulent, vulgar, obscene or in any other way invasive of another user's legal rights including (without being limited to) the right to privacy;

(b) is hateful, discriminatory, racist, ethnically or otherwise objectionable;

(c) infringes any copyright, patent, trademark, trade secret or any other third party right whatsoever;

(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

(e) interferes with or disrupt the service or the servers or networks connected to the service in any way whatsoever.

3.5 You may not harvest, collect and/ or store the personal information of third parties including (without being limited to) e-mail addresses.

3.6 You may not modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create any other derivative work from the content available in or through the service.


4. LICENCE TO USE CONTENT

4.1 By using the service, you

4.1.1 are granting The Shebeen a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence to use, reproduce, sublicense, adapt, modify, transmit, distribute, have distribute and display the content made available by you in or through the service in any form, anywhere and for any purpose that The Shebeen, in its sole discretion, may deem fit; and

4.1.2 are permitting other users to access, display, view, store and reproduce the content made available by you in or through the service, for personal use.

4.2 By using the service, you hereby expressly agree that the The Shebeen may identify you as the contributor of any content made available by you in or through the service, in any form, media or technology whatsoever, unless you have notified The Shebeen in writing prior to making the content so available that you do not wish to be identified.


5. DISCLAIMER AND LIMITATION OF LIABILITY

5.1 The Shebeen shall not be liable to you or any other third party whatsoever for any incidental, special or consequential damages including (without limitation) loss of profits arising from this agreement, even if notice was given of the possibility of such damages.

5.2 You hereby acknowledge and agree that your ability to use the service is subject to the availability of third party servers, systems and networks outside the control of The Shebeen and that The Shebeen will not be liable for any losses, damages and/or expenses that you or any other third party may incur as a result of, or relating to, the unavailability or any other problem whatsoever with the third party servers, system or networks.

5.3 You also acknowledge and agree that the content available in or through the service is made available by you and the other users of the service and The Shebeen does not contribute in any way whatsoever to the content available in or through the service. The Shebeen does not monitor, review or edit the content available in or through the service and accordingly has no control over the content made available in or through the service.

5.4 You are therefore using the service "as is", without any guarantees, warranties and/or representations of any kind, either express or implied and at your own risk. Without limiting the generality of the aforegoing, The shebeen specifically does not warrant that the content available in or through the service is accurate, correct, complete, reliable, appropriate, integrate or lawful.

5.5 You agree that the The Shebeen will not be liable to you or any other third party for any loss, costs or damages suffered by you or any other third party arising from, or in any way relating to, your use of the service in any way whatsoever. Your sole and exclusive remedy under such circumstances will be to discontinue using the service.


6. WARRANTIES AND IDEMNITIES

6.1 You warrant and represents to and in favour of The Shebeen that neither the content made available by you in or through the service, nor your use of the service will result in the breach of the Terms, any applicable law including (without limitation) any regulation, any third party rights and/or in any other manner whatsoever causes harm to the name, goodwill and reputation of the The Shebeen.

6.2 You hereby unconditionally and irrevocably indemnify The Shebeen and agree to hold The Shebeen harmless from and against any costs, losses, liabilities and expenses, including legal fees, suffered or incurred by The Shebeen or any claims instituted against The Shebeen, arising out of or relating to:

6.2.1 a breach of the warranty contemplated in clause 6.1;

6.2.2 any dispute between yourself and/or any other third party whatsoever;

6.2.3 your in inability to use the service; and

6.2.4 any and all claims, actions and/or proceedings alleging fraud, breach of security, non compliance with laws, breach of contract or negligence by you.


7. GENERAL

7.1 The Shebeen reserves the right to take any of the following actions should The Shebeen, in its sole discretion, be of the opinion that any content available in or through the service, or any part thereof, is offensive, unlawful, harmful, in breach of codes of conduct binding on The Shebeen, violation of legislation (including regulations), violation of the common law generally, violation of the requirements or rules of any regulatory authority, violation of any provision contemplated in the Terms or harmful to the name, goodwill and reputation of The Shebeen:

7.1.1 remove the offensive, unlawful or harmful content, as the case may be, from the service; or

7.1.2 request you forthwith to amend or modify the content; or

7.1.3 terminate your access to the service.

7.2 The Shebeen shall use its best endeavours to notify you of any action taken in terms of clause 6.1, but does not warrant that notice shall be given to you prior to such action being taken.