ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. ALL MATERIALS, SERVICES AND ASSOCIATED CONTENT ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS “SITE”. USING THIS SITE OR ANY SMALL BUSINESS FORUM CONTENT ASSOCIATED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO FACEBOOK, TWITTER AND LINKEDIN, INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS OR PHOTOGRAPHS) THAT THE SMALL BUSINESS FORUM (“SBF”) MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT SBF MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”).

Terms of Use

By accessing or using this Site and/or any content or materials available on or via the Site or by posting any content or material on the Site, You signify that You have read, understand and agree to be bound by these Terms of Use (“Terms of Use”). In these Terms of Use “You” and “Your” refer to You, the person using the Site and “SBF”, “We”, “Us” and “Our” refers to The Small Business Forum, in independent community forum managed by Chocolate Shoebox cc.

We reserve the right to change the Terms of Use from time to time at Our sole discretion and Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use.

From time to time it may possible to become involved in or subscribe to future events, promotions, competitions, prize draws or other goods and services through the Site to which additional terms and conditions may be applicable.

User Conduct and User Content

You agree that when accessing, using and/or posting or uploading any content or materials of any kind to the Site, You will (a) not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to You; (b) not harass others or disclose personal information about others that could amount to harassment; (c) not submit, publish, post, upload, store, distribute or disseminate any defamatory, infringing, offensive, obscene, indecent, harmful, confidential, hateful, threatening or otherwise illegal or objectionable material or information; (d) not submit, post or upload files that contain software or other material the intellectual property rights in which are owned by any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; (e) not upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer; (f) not impersonate any person or entity, or falsely state or otherwise misrepresent yourself in any way; (g) not promote any activity that is illegal; (h) not use software to harvest information from the Site; (i) not submit any material which is prohibited by any applicable data protection or privacy legislation; (j) only upload or submit material to the Site which either You own or which You have the permission of the owner of that material to submit; or (k) not otherwise submit, post or upload any content or materials or otherwise do anything in breach of the Facebook Terms of Use. Without limiting any of the foregoing, You also agree to abide to the Facebook Code of Conduct.

You agree that You shall be solely responsible for all content, information or materials of whatever nature or medium that You submit, post, upload, publish or display on or through the Site or transmit to or share with other users (“User Content”) and You warrant and undertake that You own the intellectual property rights in and to all User Content or that You are otherwise entitled to submit the same to the Site.

You acknowledge and agree that We may, but are not obligated to, monitor the content (including the User Content) on the Site and may delete or remove from the Site immediately without notice any User Content or any other content of whatever nature, for any or no reason, including without limitation, if such content in Our absolute discretion: (i) infringes the intellectual property or other proprietary rights of any third person; (ii) violates these Terms of Use, Facebook’s Terms of Use and/or Facebooks Code of Conduct and such removal will be without any admission as to liability and without prejudice to Our other rights and remedies.

Other Websites

The Site may contain links to other websites and microsites operated by third parties (“Third Party Websites”) as well as content, information and other materials belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not under Our control and We make no warranties or representations whatsoever in respect of such Third Party Content and Third Party Websites. Without limiting the foregoing, the Third Party Content and Third Party Websites are in no way approved, vetted, checked or endorsed by Us and You agree that We shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on or included in such Third Party Content and Third Party Websites. If You choose to access Third Party Content and Third Party Websites, You do so at Your own risk. In addition, use of any such Third Party Content and Third Party Websites may be subject to Your acceptance of additional terms and conditions.

Intellectual Property

Save in respect of the User Content, all intellectual property rights in and to the Site and all content and materials contained therein are owned by and shall remain owned by Us or Our licensors. You may view, download and print any materials and information made available to You through the Site subject to the following conditions: (a) the material and information may only be used for Your personal and non-commercial purposes; (b) the material and information shall not be reproduced or included in any other work or publication in any medium; (c) the material and information may not be modified or altered in any way; (d) the material and information may not be distributed or sold to any third party; (e) You may not remove any copyright or other proprietary notices contained in the material or the information.

Disclaimers

We are not responsible or liable in any manner for any User Content, Third Party Content or Third Party Websites and we do not control and are not responsible for what users post, transmit or share on the Site nor for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that any user may encounter on or in connection with the User Content, Third Party Content or Third Party Websites. The Site and all materials and information provided through it are provided on an “as is” basis without guarantee of any kind and any conditions, guarantees, representations, statements and warranties (including, but not limited to, any warranty of fitness for a particular purpose or non-infringement) are excluded to the fullest extent permissible by law. Without limiting the foregoing, we cannot guarantee and do not promise that the Site or any materials and information provided through it will meet your requirements or be fit for a particular purpose. Therefore we advise you to check any materials or information provided to you through the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.

Limitation Of Liability

Nothing in these terms of use limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or (c) any other liability which may not by law be limited or excluded.

Subject to the above paragraph, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or (c) any loss of profit (whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or its contents (including without limitation, User Content, Third Party Content and Third Party Websites (ii) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site irrespective of duration of any period of unavailability; or (iii) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

We cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.

You agree to indemnify and hold the SBF, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, service providers, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including legal fees incurred, arising out of or in connection with your use of the Site or the services or any of the materials provided through the Site (including without limitation the User Content, Third Party Content and Third Party Websites), your conduct in connection with the Site or services provided or with other users of the Site, or any violation of these Terms Of Use, Facebook’s Terms Of Use, Twitter’s Terms of Use, LinkedIn’s Terms of Use, or of any law or the rights of any third party.

Social Media Code of Conduct

This code of conduct collectively applies to all of the social media platforms on which the Small Business forum is involved, including but not limited to Facebook, Twitter, LinkedIn and Google Plus. “Page” applies to the Small Business Forum area of any of the abovementioned social platforms.

When posting on our Page, please respect the views of other members and users of our Page. Everyone is entitled to their own opinion, so please bear in mind nature of our work and the views and opinions of those that use our services. The Small Business Forum will not tolerate racist, homophobic, sexist or abusive comments and will remove any post or content from our Page which, in The Small Business Forum’s opinion, is likely to cause distress or upset to other users of the Page.

The Small Business Forum reserves the right permanently to remove unsuitable content from the Page and shall have no liability for any loss or damage caused by or in connection with such removal. Repeat offenders will be blocked from contributing to the Page and the Small Business Forum accepts no liability for any loss arising out of or in connection with such removal. The Small Business Forum may report to the social platform, all users posting inappropriate or offensive material and shall not be obliged to reinstate any individual it blocks.

As a user of the SBF’s Page, You shall be solely responsible for all content, information or materials of whatever nature or medium that You submit, post, upload, publish or display on or through the Page or transmit to or share with other users (“User Content”) and You warrant and undertake that You own the intellectual property rights in and to all User Content or that You are otherwise entitled to submit the same to the Page.

Governing Law and Jurisdiction

This website is owned and operated within the Republic of South Africa. Therefore, these Terms of Use are governed by the laws of South Africa and You agree to submit to the non-exclusive jurisdiction of the South African Courts.

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