THE ETHIOPIAN AMERICAN LLC
Website Use Terms and Conditions:

The following Website Use Terms and Conditions Agreement (the "Agreement") governs your use of www.theethiopianamerican.com (the "Website"). Your use of the Website constitutes your acceptance of the Agreement. If you do not agree or unwilling to abide by the terms of this Agreement, please do not use this site. The Ethiopian American (the “EA”) reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.

Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Website, which license and permission are freely revocable at any time, with or without cause, and with or without notice, by the EA, as described below.

1. COPYRIGHT RIGHTS

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are owned by the EA to the full extent provided under the United States Copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of the EA, or any third party.

The Website and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Website is strictly prohibited, without the prior written consent of the EA. Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the EA is prohibited.

2. TRADE AND SERVICE MARK RIGHTS

All rights in the product names, company names, trade names, logos, product packaging and designs of all EA or third-party products or Websites, whether or not appearing in large print or with the trademark symbol, belong exclusively to the EA, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of the EA or any third party.

3. LINKS TO OTHER SERVICES

This Website may contain links to other Websites ("Linked Websites"). The Linked Websites are not under the control of the EA, and are not responsible for the contents of the Linked Websites, including, without limitation, links contained on Linked Websites, or any changes or updates to Linked Websites. The EA provides Linked Websites to you only as a convenience, and the inclusion of any such Linked Website is not an endorsement by the EA in favor of any company offering Internet services, products or services on the Linked Websites. Other sites may link without prior permission to the home page of the Website only through a plain-text link. Permission must otherwise be granted by us for any other type of link to the Website. To seek our permission, you may write to The Ethiopian American, 111 East Avenue, Rochester, NY 14604. Additional Agreement by Linked Websites: any third party Web site that links to the Website: (a) shall not create a frame, browser or border environment around any of the content of the Website; (b) may link to, but not replicate, Website content; (c) shall not imply that the EA is endorsing or sponsoring it or its products or Websites; (d) shall not present false information about the EA or its products or Websites; (e) shall not use the trademarks of the EA without the prior written permission the EA; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Website from any Website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.

4. PROHIBITED USES

Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that: (a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant the EA the rights and licenses set forth in this Agreement; (b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant the EA the rights and licenses set forth in this Agreement; (c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined by The EA in their sole discretion;
(e) is sexually-explicit; (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this site; (i) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Website to harvest or otherwise collect information from the Website to be used for any commercial purpose; (j) allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or (k) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

5. CONDUCT

You are responsible for, and assume all liability associated with, any material you make available or transmit through the Website, whether through chat rooms, messages boards or other forums, including liability for claims of infringement, libel and slander. You may not post, transmit through or otherwise make available on or through the Website (i) any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of the EA any advertising or any solicitation with respect to products or Websites (unless posted in an area specifically designated for that purpose). Although the EA does not and cannot review every message posted on or transmitted through the Website, the EA shall be under no obligation to permit any material posted or transmitted to remain on the Website, and may remove from, or refuse to display on the Website any material that the EA, in the exercise of their sole discretion, believe violates this Agreement.

The EA reserves the right to remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

6. LICENSE GRANTED

By submitting or posting your content, to or through the Website, you grant the EA a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of your content. The EA is free to use any ideas, concepts, know-how, or techniques contained in your content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using your content. The EA is under no obligation to maintain any of your content and may remove any of your content at any time in its sole discretion. By posting or submitting your content to this Website, you also represent and warrant that you own or otherwise control all of the rights to your content, and that use of your content by the EA will not infringe or violate the rights of any third party or violation applicable law.

7. DISCLAIMER OF WARRANTIES

THE WEBSITE IS PROVIDED "AS IS." THE EA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR WEBSITE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

THE EA ALSO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE EA RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE EA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED $100.00.

9. INDEMNIFICATION

Upon a request by the EA, you agree to indemnify and hold the EA harmless and their respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this Website, your use of the Website, your violation of this Agreement or your violation of any rights of another.

10. CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Western District of New York or, for matters not susceptible of adjudication in the federal courts, the courts of the State of New York, in all disputes arising out of or relating to the use of this Website.

The Website is operated in the United States of America. We do not represent that content or materials presented on the Website are appropriate or available for use in other locations. If you access the Website from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Website.

11. INTEGRATION

This Agreement constitutes the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of this Agreement will, at the election of the EA, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable.

11. NO WAIVER

The failure of the EA to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

12. TERMINATION

The EA reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of this Website, with or without notice and with or without cause. Termination of your access to this Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website granted to you under this Agreement by the EA. The provisions of this Agreement will survive the termination of your access to the Website and of this Agreement.