The following terms govern all use of this website, https://thetalkingowl.com and all content, services, and products available at or through the website, including but not limited to, associated blogs, forums, and websites, taken together, "the Website".
The Website is owned and operated by Sizawi Limited. The Website is offered subject to your acceptance without modifications of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Sizawi Limited’s privacy policy) and procedures that may be published from time to time on this Site by Sizawi Limited (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of the agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access this Website or use any services. If these terms and conditions are considered an offer by Sizawi Limited, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of a Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making content available, you represent and warrant that:
Without limiting any of those representations or warranties, Sizawi Limited has the right (but not the obligation) to, in Sizawi Limited’s sole discretion, i) refuse or remove any content that, in Sizawi Limited’s opinion, violates any Sizawi Limited Policy or is in any way harmful or objectionable, or ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Sizawi Limited’s sole discretion.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sizawi Limited disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which thetalkingowl.com links and that link to thetalkingowl.com. Sizawi Limited does not have any control over those non-thetalkingowl.com websites and webpages, and is not responsible for their content or their use. By linking to a non-thetalkingowl.com website or webpage, Sizawi Limited does not imply or represent that it endorses such webpage or website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sizawi Limited disclaims any responsibility for any harm resulting from your use of non-thetalkingowl.com websites or webpages.
As Sizawi Limited asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by thetalkingowl.com violates your copyright, you are encouraged to notify Sizawi Limited in accordance with standard Digital Millennium Copyright Act (“DMCA”) policy. Sizawi Limited will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Sizawi Limited or others, Sizawi Limited may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Sizawi Limited will have no obligation to provide a refund of any amounts previously paid to Sizawi Limited.
We welcome comments and suggestions, as well as complaints about errors, on the Website that warrant correction. Comments and suggestions, as well as complaints about errors, can be submitted to us via email at sizawicompany@gmail.com . Readers dissatisfied with a response may reach us via email at sizawicompany@gmail.com.
This Agreement does not transfer from Sizawi Limited to you any Sizawi Limited or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sizawi Limited. Sizawi Limited, thetalkingowl.com, the logo, and all other trademarks, service marks, graphics, and logos used in connection with thetalkingowl.com, or the Website are trademarks or registered trademarks of Sizawi Limited; or licensors of the aforementioned companies. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sizawi Limited or third-party trademarks. You hereby grant Sizawi Limited an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense) to a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or Sizawi Limited services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with Sizawi Limited or the promotion thereof.
Sizawi Limited reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sizawi Limited may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Sizawi Limited may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Sizawi Limited and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sizawi Limited nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Sizawi Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sizawi Limited under this agreement during the twelve (12) month period prior to the cause of action. Sizawi Limited shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Sizawi Limited, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
This Agreement constitutes the entire agreement between Sizawi Limited and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sizawi Limited or by the posting by Sizawi Limited of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Republic of Kenya. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Arbitration Act. The Arbitration shall take place in Nairobi, Kenya in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If you prevail over Sizawi Limited, no fees paid to you, including attorney’s fees, may exceed what you have paid to Sizawi Limited in the prior 12 months. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sizawi Limited may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This privacy policy was last updated on 28th Nov, 2022