Terms of Use

Last revised on: 27 April, 2023

The website located at Level Up Habesha (the “Site”) is a copyrighted work belonging to Level Up Habesha (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE.  BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Access to the Site

By accessing the Site, you agree to these Terms of Use. Company grants you a limited license to access and use the Site for your personal, non-commercial use, subject to certain restrictions. You are not allowed to commercially exploit the Site or its content, or modify, distribute, or create derivative works of the Site or its content. You may not access the Site in order to create a similar or competitive website, product, or service. You may not copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Site or its content without express permission. Any future updates or additions to the Site will also be subject to these Terms. Company reserves the right to modify, suspend, or discontinue the Site at any time without notice. You acknowledge that Company is not obligated to provide any support or maintenance for the Site. The intellectual property rights in the Site and its content are owned by Company or its suppliers, and these Terms do not transfer any rights, title, or interest to you. Company and its suppliers reserve all rights not expressly granted in these Terms.

2. User Content

The User Content refers to any information and content that a user submits to the Site, including content in the user’s profile or postings. You are solely responsible for the User Content you provide, and you assume all associated risks, including any reliance on its accuracy, completeness, or usefulness by others. You represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not imply that your User Content is provided, sponsored, or endorsed by Company. As you are responsible for your User Content, you may be liable if it violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your backup copies of your User Content.

You grant Company an irrevocable, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights solely for the purpose of including your User Content in the Site. You also waive any claims and assertions of moral rights or attribution with respect to your User Content. You represent and warrant that you have the right to grant such a license to Company.

3. This is the “Acceptable Use Policy” for the Site:

You are not allowed to use the Site to collect, upload, transmit, display, or distribute any User Content that:

(i) violates any third-party rights, including any intellectual property or proprietary rights; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, defamatory, false, intentionally misleading, pornographic, obscene, patently offensive, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) is harmful to minors in any way; or (iv) violates any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you are not allowed to:

(i) upload, transmit, or distribute any computer viruses or other software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site or other computer systems or networks connected to or used together with the Site; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site or to generate automated searches, requests, or queries to the Site.

However, operators of public search engines are conditionally granted permission to use spiders to copy materials from the Site for creating publicly available searchable indices of the materials, subject to the parameters set forth in the Site’s robots.txt file.

We may review any User Content and investigate and take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or create liability for us or any other person. This may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

If you provide feedback or suggestions regarding the Site to us, we have the right to use and exploit such feedback and related information in any manner we deem appropriate. Your feedback is considered non-confidential and non-proprietary. Do not submit any information or ideas that you consider to be confidential or proprietary to us.

4. Third-Party Links, Ads, and Other Users

The Site may contain Third-Party Links & Ads, which are links to third-party websites and services and/or advertisements for third parties. These Third-Party Links & Ads are provided as a convenience to you, and Company is not responsible for them. You use them at your own risk and discretion. The applicable third party’s terms and policies apply when you click on any of the Third-Party Links & Ads, including their privacy and data gathering practices. You should investigate these links and transactions before proceeding with any of them.

Each user of the Site is responsible for their own User Content. The Company does not control User Content and is not responsible for any User Content, whether provided by you or others. The Company makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users are solely between you and such users. The Company is not responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, the Company is under no obligation to become involved.

By using the Site, you hereby release and forever discharge the Company and its officers, employees, agents, successors, and assigns from any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of every kind and nature, including personal injuries, death, and property damage, that have arisen or may arise directly or indirectly out of or relate to the Site or any interactions with other Site users or Third-Party Links & Ads. If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”

5. Disclaimers

The Site is provided on an “as-is” and “as available” basis, and Company, along with our suppliers, explicitly disclaim any and all warranties and conditions, whether express, implied, or statutory. This includes all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no warranty that the Site will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Additionally, some jurisdictions may not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

6. Limitation of Liability