These are the terms of service (the “Agreement”) applicable to www.felloutafrikana.com (the “Site”). The Agreement is a legally binding contract between The Thought & Expression Company Inc (“we” “our” or “us) and anyone who accesses or uses the Site (“you” or “your”).
Conditions for Use of the Site
The Site is intended for persons who are 18 or older. If you are under 18, do not access or use the Site. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained in this Agreement. By accessing or using any part of the Site, you agree to be bound by the terms and conditions of the Agreement as such terms and conditions may be modified by us from time to time in our sole discretion. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN DO NOT ACCESS OR USE THE SITE. Please check this Agreement periodically for changes. Your continued access or use of the Site following any changes to the Agreement constitutes your acceptance of those changes.
Copyright and Intellectual Property
The Site and all of the articles, product reviews, images, logos, sounds, and other materials on the Site, including the “look and feel” of the Site (collectively “Site Content”), are protected by copyright and other intellectual property laws. You may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Site Content without our express written permission. If you wish to request permission to use any Site Content, please email your request to us at permissions@felloutafrikana.com.
Copyright Infringement
Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that any Site Content infringes upon your copyright, please notify us by email at copyright@felloutafrikana.com. Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL where the allegedly infringing Site Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on our Site is not authorized; (e) your physical or electronic signature; and (f) a statement that you are the copyright owner or an authorized agent of the copyright owner.
Affiliate Links / Featured Products
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means to earn revenue by advertising and linking to amazon.com. We also participate in other affiliate marketing programs. Links originating on our Site that lead to product purchases at amazon.com and other affiliated sites generate revenue for us. All products featured on the Site are sold and fulfilled by third-party vendors. While we ask Site writers to select and write about products that they find appealing, the views expressed by Site writers are their own and do not constitute our views or our endorsement of products featured on the Site. We do not examine or evaluate products featured on the Site and assume no responsibility or liability for such products or the third-party vendors who sell such products. For additional information about a particular product, please contact the third-party vendor or product manufacturer.
Disclaimer of Warranties
The Site may contain material that is offensive or otherwise objectionable, as well as material containing technical inaccuracies, typographical mistakes, and other errors. We disclaim any responsibility for any harm resulting from the access or use of the Site. The Site and all Site Content are provided “AS IS” to the full extent permitted by law. This means that we do not warrant that the Site or the Site Content are (a) fit for any particular purpose; (b) uninterrupted or error-free; (c) free of inaccurate, defamatory, offensive, or illegal material; or (d) free of defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer, computer network, or mobile device. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.
Limitation of Liability
NEITHER WE NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR SITE CONTENT INCLUDING, BUT NOT LIMITED TO, (A) DAMAGES CAUSED BY DEFAMATORY, OFFENSIVE, OR ILLEGAL MATERIAL, (B) DAMAGES CAUSED BY VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS ACCESSED THROUGH THE SITE, AND (C) DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. Therefore, the exclusions set forth above may not apply to you.
Indemnification
You agree to indemnify, hold harmless, and release us and our respective officers, directors, members, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs, and expenses including, but not limited to, reasonable attorney’s fees arising from or related to your access, use, or misuse of the Site.
Links
The Site includes links to other websites that are not owned or operated by us. We do not have any control over these third-party websites and are not responsible for any information, functionality, or content accessed through such websites. By linking to third-party websites, we do not represent or imply that we endorse such websites. You are responsible for taking the necessary precautions to protect yourself and your computer from viruses, worms, and other harmful or destructive content that may be accessible through such websites. We disclaim any responsibility for any harm resulting from your use of third-party websites.
Changes
We reserve the right, in our sole discretion, to modify or replace any part of the Agreement. It is your responsibility to check the Agreement periodically for changes. We may also, at any time and for any reason in our sole discretion, modify or discontinue the Site or Site Content or terminate or restrict your access to the Site.
Miscellaneous
This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the Republic of Kenya without regard to conflict/choice of law principles. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in the Agreement are for convenience only.
Effective: December 1, 2022