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EthioMarket Terms of Use
Statement
Please
read the following terms and conditions carefully before using this site
("Site"). By using this Site, you agree to follow and be bound by the
following terms and conditions concerning your use of the Site ("Terms of
Use") and our Privacy Statement. We may revise the Terms of Use at any time
without notice to you. You may not access or use the Site should you not
want to be bound by these Terms of Use. The Terms of Use may be modified at
any time, and any such modification shall be effective immediately upon
posting of the modification. By your access and use of the Site you agree to
periodically review the Terms of Use and shall be conclusively bound by any
such future modifications.
Areas of
the Site may have different Terms of Use posted. If there is a conflict
between these Terms of Use and terms of use posted for a specific area of
the Site, the latter shall have precedence with respect to your use of that
area of the Site.
PRIVACY
Please review our Privacy Statement
Privacy Statement,
which also governs your visit to the Site.
COPYRIGHT
Copyright
2002 EthioMarket. All rights reserved.
LICENSES AND IDEA SUBMISSIONS
EthioMarket hereby grants you a limited, non-exclusive, non-transferable
license to download, view, copy and print documents and graphics
incorporated in these documents (the "Documents") from the Site subject to
the following conditions: (1) the Documents may be used solely for personal,
informational, and non-commercial purposes; and (2) the Documents may not be
modified or altered in any way. Except to the extent permitted under
copyright law, you may not otherwise use, download, upload, copy, print,
display, perform, post, reproduce, publish, license, transmit or distribute
any information from this Site in whole or in part without the prior written
consent of EthioMarket or any third party that provides information to the
Site.
Visitors
to the Site may post or transmit reviews, comments, communications,
suggestions, questions, ideas, or other information or content
(collectively, "Communications") subject to the "Prohibited Acts" described
further below.
If you do
post or transmit Communications, and unless EthioMarket indicates otherwise,
you grant EthioMarket and its affiliates a nonexclusive, royalty-free,
worldwide, irrevocable, perpetual, and fully sublicensable right to use,
reproduce, adapt, adopt, modify, translate, publish, distribute, and display
such Communications throughout the world in any media. You also grant
EthioMarket and its affiliates and sublicensees the right to use the name
that you submit in connection with such Communications as well as in
connection with any and all advertising, marketing and promotional material
related thereto. You further represent and warrant that you own or otherwise
control all of the rights to the Communications that you post; that the
content of the Communications is accurate; that the content of the
Communications is not scandalous or libelous; that use of the Communications
you supply does not violate these Terms of Use and will not cause injury to
any person or entity. You further agree to indemnify EthioMarket and its
affiliates and sublicensees for all claims resulting from the Communications
you supply. You further agree and acknowledge that you shall have no
recourse against EthioMarket for any alleged or actual infringement of any
proprietary right in your Communications to us.
EthioMarket has the right (but not the obligation) to monitor and edit or
remove any activity or content on the Site. EthioMarket takes no
responsibility and assumes no liability for any Communications posted by you
or any third party.
COPYRIGHT COMPLAINTS
EthioMarket may, in appropriate circumstances and at its sole discretion,
terminate use of the Site by any visitors who infringe on the intellectual
property rights of others.
If you
believe that your work has been copied in a way that constitutes copyright
infringement, please provide EthioMarket's Copyright Agent the following
information:
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(1) |
an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; |
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(2) |
a
description of the copyrighted work that you claim has been infringed; |
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(3) |
a
description of where the material that you claim is infringing is
located on the Site; |
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(4) |
your
address, telephone number, and email address; |
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(5) |
a
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; and |
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(6) |
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. |
EthioMarket's Copyright Agent for Notice of claims of copyright infringement
can be reached by emailing us at
TRADEMARKS
"EthioMarket," the EthioMarket logo and other marks indicated on the Site
are registered trademarks or trademarks of EthioMarket in the United States
and worldwide. Other EthioMarket graphics, logos, page headers and service
names are trademarks or trade dress of EthioMarket. EthioMarket's trademarks
and trade dress may not be used in connection with any product or service
that is not EthioMarket's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits EthioMarket.
Unless otherwise noted on the Site, all other trademarks, service marks and
logos used in this Site are the trademarks, service marks or logos of their
respective owners.
PROHIBITED ACTS, MONITORING OF CONTENT AND TERMINATION
The Site may contain e-mail services, bulletin board services, chat areas,
news groups, forums, alerts, communities, calendars, file cabinets and/or
other message or communication facilities designed to enable you to
communicate with others (collectively, "Communication Services"). You agree
to use the Site and Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to the
Site or particular Communication Service. By way of example, and not as a
limitation, you agree that when using the Site or Communication Services you
will not:
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(1) |
upload, post, email, transmit or otherwise make available any content
that is unlawful, abusive, vulgar, harmful, threatening, harassing,
tortious, defamatory, obscene, libelous, invasive of another's privacy,
or otherwise objectionable; |
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(2) |
harm
minors in any way; |
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(3) |
impersonate any person or entity, including but not limited to a
EthioMarket official or EthioMarket managing editor, or otherwise
misrepresent your affiliation with a person or entity; |
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(4) |
forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through the Site or Communication
Services; |
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(5) |
upload, post, email, transmit or otherwise make available any content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements); |
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(6) |
upload, post, email, transmit or otherwise make available any content
that infringes any patent, trademark, trade secret, image or program,
copyright or other proprietary rights of any party; |
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(7) |
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, charity requests, petitions for
signatures, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas that are designated for such purpose; |
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(8) |
upload, post, email, transmit or otherwise make available any material
that 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; |
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(9) |
interfere with or disrupt the Site or Communication Services or servers
or networks connected to the Site or Communication Services, or disobey
any requirements, procedures, policies or regulations of networks
connected to the Site or Communication Services; |
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(10) |
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law; |
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(11) |
interfere in any way with other users of the Site or Communication
Services; |
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(12) |
post
or transmit any message which discloses private or personal matters
concerning any person; and |
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(13) |
post,
list or transmit articles which are off topic according to the
description of the group affected (collectively, the "Prohibited Acts"). |
You
understand that all Communications and all information, data, text, images,
software, icons, music, sound, photographs, graphics, video, messages or
other materials (collectively, "Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which
such Content or Communications originated. This means that you, and not
EthioMarket, are entirely responsible for all Content or Communications that
you upload, forward, post, email, transmit or otherwise make available via
the Site or Communication Services.
EthioMarket does not control the Content or Communications posted via the
Site or Communication Services and, as such, does not guarantee the
accuracy, integrity or quality of such Content or Communications. You
understand that by using the Site or Communication Services, you may be
exposed to Content or Communications that are offensive, indecent or
objectionable. EthioMarket will not be liable in any way for any Content or
Communications, including, but not limited to, any errors or omissions in
any Content or Communications, or for any loss or damage of any kind
incurred as a result of the use of any Content or Communications posted,
emailed, transmitted or otherwise made available via the Site or
Communication Services.
Use of,
access to, or participation in any of the Communication Services are also
subject to these Terms of Use. Your participation in on-line communications
occurs in real time and is not edited, censored, or otherwise controlled by
EthioMarket. EthioMarket cannot and does not screen all Content or
Communications provided by users of the Site or Communication Services.
Nevertheless, EthioMarket reserves the right to monitor Content and
Communications on the Site and on the Communication Services, and reserves
the right to edit or remove Content or Communications which EthioMarket in
its sole discretion determines to be harmful, offensive, or otherwise in
violation of these Terms of Use or any other EthioMarket policies not
expressly set forth here.
EthioMarket further reserves the right to terminate your access to the Site,
the Communication Services and any accounts you may have in connection with
the Site or Communication Services at any time and, without notice, for any
reason whatsoever. You agree that EthioMarket shall not be liable to you or
any third party for any termination of your access to the Site, the
Communication Services or any accounts you may have in connection with the
Site or Communication Services.
EthioMarket reserves the right at all times to disclose any information as
EthioMarket deems necessary to enforce the foregoing Terms of Use or any
other EthioMarket policies, to satisfy any applicable law, regulation, legal
process or governmental request, and to respond to claims that the Site or
Communication Services violate the rights of third parties.
You
understand that the technical processing and transmission of the Content may
involve (1) transmission over various networks; and (2) changes to conform
and adapt to technical requirements of connecting networks or devices.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE OR COMMUNICATION SERVICES IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. ETHIOMARKET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
ETHIOMARKET MAKES NO WARRANTY THAT (1) THE SITE OR THE COMMUNICATION
SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SITE OR THE COMMUNICATION
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS
OR OTHER HARMFUL COMPONENTS, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR COMMUNICATION SERVICES WILL BE ACCURATE OR RELIABLE, (4)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR COMMUNICATION SERVICES WILL
MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS ON THE SITE OR COMMUNICATION
SERVICES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR
THE COMMUNICATION SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU
FROM ETHIOMARKET, FROM A ETHIOMARKET EMPLOYEE OR AGENT, OR THROUGH OR FROM
THE SITE OR COMMUNICATION SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS TERMS OF USE.
ETHIOMARKET WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF ETHIOMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE OR
COMMUNICATION SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SITE OR COMMUNICATION SERVICES, (3) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE OR COMMUNICATION SERVICES, OR (5) ANY OTHER MATTER
RELATING TO THE SITE OR COMMUNICATION SERVICES.
LINKS,
THIRD PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES
The Site and Communication Services provide links to Web sites and access to
content, services, and products from third parties, including users,
advertisers, affiliates and sponsors of the Site. You agree that EthioMarket
is not responsible for the availability of, and content provided on, third
party Web sites. You should refer to the policies posted by other Web sites
regarding privacy and other topics before you use them. You agree that
EthioMarket is not responsible for third party content accessible through
the Site or Communication Services, including opinions, advice, statements
and advertisements, and you understand that you bear all risks associated
with the use of such content. If you choose to purchase any products or
services from a third party, or if you purchase any products or services
where EthioMarket acts as the reseller of a third party's products or
services, your relationship is directly with the third party. You agree that
EthioMarket is not responsible for: (1) the quality of third party products
or services, and (2) fulfilling any of the terms of your agreement with the
seller, including delivery of products or services and warranty obligations
related to purchased products or services. You agree that EthioMarket is not
responsible for any loss or damage of any sort you may incur from dealing
with any third party.
INTERNATIONAL USE
Because of the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content, including all
laws, rules, codes and regulations of the country in which you reside. In
addition, you agree to comply with all laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
APPLICABLE LAW
By visiting the Site or using one of the Communication Services, you agree
that the laws of the
Commonwealth of
Michigan,
without regard to principles of conflict of laws, will govern these Terms of
Use and any dispute of any sort that might arise between you and EthioMarket
or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to the Site, to products or
services you purchase through the Site, or that relate in any way to use of
one of the Communication Services, shall be submitted to confidential
arbitration in Detroit, Michigan, except that, to the extent you have in any
manner violated or threatened to violate EthioMarket's intellectual property
rights, EthioMarket may seek injunctive relief or other appropriate relief
in any state or federal court in the Commonwealth of Michigan, and you
consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration pursuant to these Terms of Use shall be joined to an arbitration
involving any other party subject to the Terms of Use, whether through class
arbitration proceedings or otherwise.
INDEMNITY
You agree to defend, indemnify and hold harmless EthioMarket, its officers,
directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including attorney's fees and
costs, arising out of or in any way connected with your access to or use of
the Site or Communication Services.
NOTE
ABOUT CHILDREN
Minors are not eligible to use the Site or Communication Services, and we
ask that they do not submit any personal information to us.
CHANGE, DISCONTINUANCE OF THE SITE AND SEVERABILITY
EthioMarket reserves the right to make changes to the Site and Communication
Services (including permanent or temporary discontinuance of the Site or
Communication Services), its policies, and these Terms of Use at any time.
You agree that EthioMarket shall not be liable to you or any third party for
any such change, amendment, modification, suspension or discontinuance. Any
and all portions of the Terms of Use shall automatically apply to all
improvements, modifications, changes and/or amendments as they appear on the
Site or Communication Services. If any of these Terms of Use shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability of any
remaining condition. The failure of EthioMarket to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver of such
right or provision.
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EthioMarket Privacy Statement
Your
privacy on the Internet is important to us. Because we gather certain types
of information about the users of EthioMarket's network of sites and
services, we believe you should fully understand the terms and conditions
surrounding the capture and use of that information. This privacy statement
discloses what information we gather and how we use it.
Information Collection and Use
EthioMarket is the sole owner of the personal information collected on this
site. We will not sell, share, or rent this information to others in ways
different from what is disclosed in this statement. EthioMarket collects
information from our users at several different points on our web sites.
Wherever we collect personal information, we include a link to this Privacy
Policy on that page. EthioMarket may ask for your contact information (such
as your email address) and your demographic information (such as your
address, industry, and job function). We use demographic information to
tailor your experience at our web site, showing you content and
advertisements that we think might interest you. EthioMarket may also ask
for such information at other times, such as when you request information or
when you decide to purchase products or services from EthioMarket and/or our
customers and suppliers. EthioMarket will not disclose any of your personal
information, except as described in this Privacy Statement, or when we
believe in good faith that the law requires it, or to protect the rights or
property of EthioMarket. The information collected by EthioMarket may be
used in a number of ways. For example, EthioMarket will share broad
aggregated demographic information with our partners and advertisers. An
example would be where EthioMarket provides partners and advertisers with
information about the percentage of men or women who visit our sites, or
about the types of industries that users come from. EthioMarket's goal in
collecting personal information is to provide you, the user, with the most
personalized web experience possible and our advertisers with an efficient
means to reach the right audience. By knowing a little about you,
EthioMarket is able to deliver more relevant content and advertisements, and
hence a better service, to you.
Newsletter Subscription
We may send new registrants and subscribers a welcoming email. We ask our
new subscribers in the welcoming email to then confirm their new
subscription to the newsletter as a way of protecting them from unwanted
emails. New members receive newsletters and product updates from EthioMarket
only if they follow the confirmation instructions in the welcoming email. If
new members do not wish to receive such newsletters and updates, they do not
need to take any action.
Promotion and Direct Mail
Our web sites provide you with the choice to receive promotional emails from
EthioMarket and/or its partners. If you choose to receive promotional emails
from EthioMarket and/or its partners, you will be giving EthioMarket
permission to access your information on behalf of pre-screened third
parties for marketing or promotional purposes. We will not share your
information with our partners unless you have opted in to receive
promotional emails from such partners. If you have chosen to receive such
emails and later change your mind, you can remove yourself from this
distribution list via a link in the communication or by unsubscribing at
this site. EthioMarket and/or its partners may also send direct mailings to
your postal address from time to time. If you do not want to receive direct
mailings from EthioMarket and/or its partners, you can remove yourself from
this distribution list by notifying us through the link set forth below. In
addition to EthioMarket, agents working on behalf of EthioMarket under
confidentiality agreements, and certain suppliers who are in contract with
EthioMarket, may send you carefully selected e-mails or direct mailings
about products and services that may be of interest to you. EthioMarket does
not control or monitor the newsletter and/or direct mailings or product
updates sent by these suppliers. If you do not wish to receive the
promotional e-mails or direct mailings set forth above, please send us an
email at
to be opt-out.
Third
Party Advertising
We use DoubleClick and other third-party advertising companies to serve ads
when you visit our Web site. These companies may use information (not
including your name, address, email address or telephone number) about your
visits to this and other Web sites in order to provide advertisements on
this site and other sites about goods and services that may be of interest
to you.
Cookies
A cookie is a piece of data stored on the user's hard drive containing
information associated with the user. We use cookies to be reminded of who
you are and to access your account information (stored on our computers) in
order to deliver to you a better and more personalized service. This cookie
is set when you register. Cookies are used by EthioMarket on our sites to
help EthioMarket track visits to and business at its stores and process the
items in your shopping basket. Cookies are also used to estimate our
audience size. Each browser accessing EthioMarket is given a unique cookie
which is then used to determine repeat usage versus initial usage, and to
help in targeting ads based on user interests.
Third
Party Cookies
In the course of serving advertisements to this site, our third-party
advertiser may place or recognize a unique "cookie" on your browser that
does not contain any information about the user.
IP
Addresses
We use IP addresses for purposes of system administration, and to analyze
trends, administer the site, track user's movement, and gather broad
demographic information for aggregate use. IP addresses are not linked to
personally identifiable information.
Links
This web site may contain links to other sites. Please be aware that
EthioMarket is not responsible for the privacy practices of such other
sites. We encourage our users to be aware when they leave our site and to
read the privacy statements of each and every web site that collects
personally identifiable information. This privacy statement applies solely
to information collected by this Web site.
Site
and Service Updates
We also send the user site and service announcement updates. Members are not
able to un-subscribe from service announcements, which contain important
information about the service. We communicate with the user to provide
requested services and in regards to issues relating to their account via
email or phone.
Notification of Changes;
Conflicts
If we decide to change our privacy policy, we will post those changes
here so our users are always aware of what information we collect, how we
use it, and under what circumstances, if any, we disclose it. If at any
point we decide to use personally identifiable information in a manner
different from that stated at the time it was collected, we will notify
users by way of an email. Users will have a choice as to whether or not we
use their information in this different manner. We will use information in
accordance with the privacy policy under which the information was
collected. This page reflects the most up-to-date version of our privacy
policy, and thus takes precedence over information provided in P3P documents
and other documents.
Contact
If you feel that this company is not abiding by its posted privacy policy,
email us and state your concern at
EthioMarket Privacy Policy, March 2002
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