Goingout.co.za is a website that does all the hard work of finding the best things to do and puts them online. It allows users to view content, comment and suggest things they think might be good to include on the website. The services offered by Goingout.co.za (“Goingout.co.za” or “we”) include the Goingout.co.za website (the “Going Out Website”) and any other features, content, or applications offered from time to time by Goingout.co.za in connection with the Going Out Website (collectively, the “Going Out”). Going Out is hosted in the U.S on servers which 130% of the power used is replaced with green energy.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Going Out website. You are only authorized to use the Going Out Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Going Out Website

Goingout.co.za may modify this Agreement from time to time and such modification shall be effective upon posting by goingout.co.za on the Going Out Website. You agree to be bound to any changes to this Agreement when you use the Going Out Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Goingout.co.za and that you provide to other Users.

Goingout.co.za reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Going Out Website at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the Going Out Website is void where prohibited. By using the Going Out Website, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Going Out Website does not violate any applicable law or regulation.

2. Term. This Agreement shall remain in full force and effect while you use the Going Out Website

3. Content Posted.

1. Goingout.co.za may delete any Content that in the sole judgment of goingout.co.za violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Goingout.co.za assumes no responsibility for monitoring the Going Out Website for inappropriate Content or conduct. If at any time Goingout.co.za chooses, in its sole discretion, to monitor the Going Out Website, goingout.co.za nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of the Going Out Website, and any material or information that you transmit to other users and for your interactions with other Users. Goingout.co.za does not endorse and has no control over the user generated Content. User generated content is not necessarily reviewed by Goingout.co.za prior to posting and does not necessarily reflect the opinions or policies of Goingout.co.za. Goingout.co.za makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users.

4. Content/Activity Prohibited.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Going out Website. Goingout.co.za reserves the right to investigate and take appropriate legal action against anyone who, in Goingout.co.za’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Going Out Website and terminating the content of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Goingout.co.za:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person’s consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Going Out Website and through your use of the Going Out Website. Goingout.co.za reserves the right to investigate and take appropriate legal action against anyone who, in Goingout.co.za’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Going Out Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Going Out Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our user from such advertising or solicitation, Goingout.co.za reserves the right to restrict the number of emails which a user may send to other user in any 24-hour period to a number which Goingout.co.za deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Goingout Website, you acknowledge that you will have caused substantial harm to Goingout.co.za, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Goingout.co.za R50 for each such unsolicited email or other unsolicited communication you send through the Going Out Website;
3. any automated use of the system, such as using scripts to add friends or send comments or messages;
4. interfering with, disrupting, or creating an undue burden on the Going Out Website or the networks or services connected to the Going Out Website;
5. attempting to impersonate another users or person;
6. using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
7. using any information obtained from the Going Out Website in order to harass, abuse, or harm another person;
8. using the Going Out Website Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Goingout.co.za to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Goingout.co.za by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Going Out Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Going Out Website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

5. User Disputes. You are solely responsible for your interactions with other Goingout.co.za Users. Goingout.co.za reserves the right, but has no obligation, to monitor disputes between you and other Users.

6. Privacy. Use of the Going Out Website Services is also governed by our Privacy Policy, which is posted here

7. Disclaimers. Goingout.co.za is not responsible for any incorrect or inaccurate Content posted on the Goingout Website or in connection with the any services, whether caused by Users of the Going Out Website or by any of the equipment or programming associated with or utilized in the Going Out Website. Goingout.co.za is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Goingout.co.za. Inclusion of any linked website on the Going Out Website does not imply approval or endorsement of the linked website by Goingout.co.za. When you access these third-party sites, you do so at your own risk. Goingout.co.za takes no responsibility for third party advertisements which are posted on this Going Out Website or through the Going Out Website, nor does it take any responsibility for the goods or services provided by its advertisers. Goingout.co.za is not responsible for the conduct, whether online or offline, of any User of the Going Out Website. Goingout.co.za assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Goingout.co.za is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Goingout Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Going Out Website. Under no circumstances shall Goingout.co.za be responsible for any loss or damage, including personal injury or death, resulting from use of the Going Out Website, attendance at a Goingout.co.za event, from any Content posted on or through the Goingout Website, or from the conduct of any Users of the Going Out Website, whether online or offline. The Going Out Website Services are provided “AS-IS” and as available and goingout.co.za expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Goingout.co.za cannot guarantee and does not promise any specific results from use of the Going Out Website.

8. Limitation on Liability. IN NO EVENT SHALL GOINGOUT.CO.ZA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GOINGOUT.CO.ZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOINGOUT.CO.ZA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GOINGOUT.CO.ZA FOR THE GOINGOUT SERVICES DURING THE TERM OF MEMBERSHIP.

9. Disputes. If there is any dispute about or involving the Going Out Website, you agree that the dispute shall be governed by the laws of South Africa, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue. Either Goingout.co.za or you may demand that any dispute between Goingout.co.za and you about or involving the Going Out Website must be settled by arbitration utilizing the dispute resolution procedures of the South African Arbitration Association, provided that the foregoing shall not prevent Goingout.co.za from seeking injunctive relief in a court of competent jurisdiction.

10. Indemnity. You agree to indemnify and hold Goingout.co.za, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Going Out Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Going Out Website or through the Going Out causes Goingout.co.za to be liable to another.

11. Other. This Agreement is accepted upon your use of the Going Out Website or any of the Going Out Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Goingout.co.za regarding the use of the Going Out Website. The failure of Goingout.co.za to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Goingout.co.za is a trademark of Nicksoper Digital Agency CC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact Going Out if you have any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.