Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of forwardwithdesign.com (the "FWD Website") is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using the FWD Website, you signify your acceptance of these Terms and Conditions.
INA International Ltd. (the "Corporation") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the FWD Website. Your continued use of the FWD Website signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
The FWD Website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of the Corporation, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties") and are protected under the copyright laws of Canada and other countries. None of the content found on the FWD Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Corporation and/or the applicable Third Parties.
FWD, Forward With Design, the FWD Website, and all other Corporation related trademarks and design marks displayed on the FWD Website (collectively, the "Trademarks") are registered and common law trademarks of the Corporation. Other trademarks and design marks appearing on the FWD Website are trademarks of their respective owners. Nothing contained on the FWD Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Corporation or such other party that may own the applicable trademarks.
Use of Site
Neither the FWD Website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Corporation, except that you may download, display and print the content presented on the FWD Website for your personal, non-commercial use only. Unauthorized use of the FWD Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the FWD Website. The use of such content on any other website or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to the FWD Website any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The FWD Website is not intended for use by children under the age of 13. Use of the FWD Website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to the Corporation and without any liability whatsoever, the Corporation at any time and without notice may terminate or restrict your access to any component of the FWD Website.
User Generated Content
The Corporation, may, from time to time, select content created and publicly posted by you (the "Contributor") on a third-party social media platform ("User Generated Content") that is relevant to and in conformity with the Corporation's FWD/Forward With Design brand vision and brand principles for use on the FWD Website or on the Corporation's FWD/Forward With Design brand social media platforms. The Corporation has chosen this User Generated Content for the purpose of promoting FWD/Forward With Design brand in accordance with these Terms and Conditions. The Contributor should review the Terms and Conditions each time the Contributor grants permission or authorization to the Corporation to use the Contributor's User Generated Content.
When User Generated Content is selected by the Corporation, the Contributor will be contacted via the social media platform on which the User Generated Content appears. The Corporation, through its FWD/Forward With Design brand handle, will ask the Contributor for his/her consent to use the specified User Generated Content in accordance with these Terms and Conditions. The Contributor will be asked to reply with "I CONSENT" to grant his/her consent. A direct response by Contributor within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received from the Contributor, the specified User Generated Content will not be used by the Corporation.
BY REPLYING "I CONSENT", THE CONTRIBUTOR IS ENTERING INTO AN AGREEMENT WITH THE CORPORATION, AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, WITHOUT LIMITATION OR QUALIFICATION. THE CONSENT GIVEN BY CONTRIBUTOR SHALL ONLY BE VALID FOR THE USER GENERATED CONTENT SPECIFIED BY THE CORPORATION.
By providing consent, the Contributor hereby grants to the Corporation, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Generated Content and the Contributor's name, voice, picture, portrait and likeness as it appears in or in connection with the User Generated Content and to incorporate such User Generated Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of the Corporation, FWD/Forward With Design brand and its products and services.
Notwithstanding the above, the Corporation will have no obligation to make any use of any of the rights granted by the Contributor. The Corporation's use of the User Generated Content or the Contributor's name and/or likeness does not imply any endorsement of or any affiliation with the Contributor. The Contributor acknowledges he/she is not entitled to any compensation for use of the User Generated Content by the Corporation.
By granting the license, the Contributor represents and warrants that: (a) he/she is 18 years of age or older; (b) he/she has the full right, power and authority to grant the rights described in these Terms and Conditions; (c) the User Generated Content was created by the Contributor or the Contributor owns or controls all rights in such User Generated Content, such that the Contributor has all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights described herein, including permission from all person(s) appearing in the Contributor's User Generated Content; (d) the exercise by the Corporation of its rights under these Terms and Conditions will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws; (e) the User Generated Content does not contain any worms, viruses or other code deemed harmful to the Corporation or its users; and (f) the User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
The Contributor irrevocably and unconditionally waives (and agrees not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which the Contributor may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, the Contributor will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights the Contributor has granted to the Corporation under these Terms and Conditions.
Except as explicitly provided in these Terms and Conditions as amended from time to time, the Corporation and the Third Parties make no representations or warranties of any kind, express or implied, regarding the FWD Website and/or any content provided on the FWD Website, all of which are provided on an "as is" and "as available" basis. The Corporation and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the FWD Website, or any of the content or data found on the FWD Website, and expressly disclaim all warranties and conditions in respect of the FWD Website, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
The Corporation and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
The Corporation and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the FWD Website or your downloading of any materials, data, text, images, video or audio from the FWD Website.
In no event shall the Corporation or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the FWD Website or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of the FWD Website for purchases) even if advised of the possibility of damages.
If, notwithstanding the foregoing, the Corporation or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the FWD Website or its content, the liability of the Corporation and the Third Parties shall in no event exceed in the aggregate $250 CAD.
You shall indemnify and save harmless the Corporation and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the FWD Website, or the use by the Corporation of any User Generated Content.
The FWD Website may contain links to websites owned or operated by other entities which are not associated or affiliated with the Corporation or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Corporation or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. The Corporation and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk. Framing of the FWD Website or any of its content in any form and by any method is strictly prohibited.
The relationship between the Corporation and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the FWD Website.
This Agreement and its performance shall be governed by the laws of the Province of Alberta, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the FWD Website and these Terms and Conditions.
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific website functions available on the FWD Website.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by the Corporation as set forth above.