Forward Creative General Terms and Conditions

About These Terms

These Terms, together with any documents and/or additional terms, conditions, or policies that are incorporated by reference (collectively, the “Terms“) apply to and govern your use of and access to all websites, products, and services owned, operated, sold, or otherwise provided by Forward Creative. (“Forward Creative“, also referred to as “we“, “us“, and “our“), including our website (https://Forwardcreative.ca) and all associated subdomains (collectively, the “Websites“), the Forward Creative platform (the “Platform“, as defined herein), the Forward Creative app (the “App“), the Content (as defined herein), and any other websites, documents, applications, instruments, products, or services that contain a link or direction to these Terms (together, the “Services“).

These Terms constitute a legal agreement and are entered into by and between Forward Creative and any person accessing, using, purchasing, engaging, or otherwise interacting with (“Using” or “Use“) any of the Services, including current or potential clients, account holders, and any other individuals browsing or viewing the Services (“you“, “your“, or “User“).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES TO ENSURE YOU UNDERSTAND YOUR RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS. By Using the Services, you accept and agree to be bound by and comply with these Terms. If you do not agree with these Terms, you may choose not to Use the Services.

>In addition to these Terms, we may ask you to agree to other policies, such as our Privacy Policy, before Using some of the Services. Special terms may also apply to some products, services, or features offered by, under, or in conjunction with certain Services. These special terms are posted in connection with the applicable product, service, or feature. Any such terms are in addition to these Terms, and in the event of a conflict, shall prevail over these Terms.

The Services are not intended for Use by minors. You must be of majority age to Use the Services and cannot Use the Services if you are a minor.

Forward Creative may update or modify these Terms at any time at our sole discretion. Any and all such updates or modifications are effective immediately upon posting. We will also provide you with notice of any material changes to these Terms by email. Your continued Use of the Services after we make any updates or modifications means that you accept those changes and agree to comply with them, so please check these Terms regularly for updates. If you have any questions, comments, or concerns about these Terms, or wish to terminate your agreement with us pursuant to these Terms, please contact us at Info@forwardcreative.ca.

Use of the Services

As a condition of your Use of the Services, you agree that you may Use the Services only for lawful purposes and in accordance with these Terms. The content contained in, on, or in conjunction with Services, such as text, graphics, images, audio, video, documentation, guidance, and other material, as well as the trademarks (whether registered or unregistered), trade names, service marks, patents, designs, domain names, taglines, organization of the Websites, and user look-and-feel (collectively, the “Content“), is protected by copyright, trademark, patent, industrial design, and other such laws in Canada and other foreign countries, as applicable, and is owned and controlled by Forward Creative or by third parties that have licensed their Content to Forward Creative. Unauthorized Use of the Content may violate copyright, trademark, patent, industrial design, and other laws. The trademarks, trade names, business names, logos, and service marks (the “Marks“) displayed on the Services or with the Content are owned by Forward Creative or third parties that have licensed their Marks to Forward Creative. You are prohibited from using those Marks without the express, written permission of Forward Creative or such third party. Unless otherwise provided, where a Service is configured to enable the download of particular Content, you may download one copy of such Content to a single computer provided that:
  1. you retain all copyright and other proprietary notices contained in the original Content;
  2. you may not sell or modify the Content or copy, reproduce, display, publicly perform, distribute, or otherwise Use the Content in any way for any public or commercial purpose without the prior written permission of Forward Creative; and
  3. you may not Use the Content in a manner that suggests an association with any of our products, services, or brands.
You are prohibited from:
  1. Using the Services, the Content, or any portion thereof for any illegal, criminal, fraudulent, or unauthorized purpose;
  2. Using the Services, the Content, or any portion thereof to violate any laws, including but not limited to laws related to privacy and intellectual property rights;
  3. Using the Services, the Content, or any portion thereof to transmit any encrypted files, malware, viruses, bots, or other similar spyware, worm, robotic process automation, or other such malicious or harmful technology;
  4. mirroring, displaying, Using, or otherwise replicating any of the Services, the Content, or any portion thereof, on any server, website, network (including intranet), or any other such location, whether digital, physical, or otherwise, for any purpose without the express written permission of Forward Creative; and
  5. attempting to circumvent or otherwise violating or attempting to violate the security of any Service, including, without limitation:
    1. accessing content and data that is not intended for you;
    2. attempting to breach or breaching the security and/or authentication measures, including any technological protection measures, digital locks, verification tools, or other authentication measures;
    3. restricting, disrupting, or disabling service to Users, hosts, servers, or networks;
    4. illicitly reproducing TCP/IP packet header;
    5. manipulating or interfering with the transmission control protocol / internet protocol associated with any of the Services;
    6. disrupting network services, hosting services, or otherwise disrupting Forward Creative’s ability to provide or monitor the Services;
    7. using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on or in the Services;
    8. introducing any viruses, trojan horses, worms, spyware, malware, logic bombs, or any other material that is malicious or technologically harmful;
    9. attacking the Services via a phishing attack, electronic spam, business email compromise, denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing, phishing, spamming, or any other technologically harmful activity;
    10. duplicating, distributing, decompiling, reverse engineering, disassembling, or parsing any Forward Creative software or technology; and
    11. otherwise interfering, attempting to interfere with, or damaging the proper working of any of the Services.
If you do any of the prohibited ites described in this Section or otherwise identified in these Terms, you will be deemed to violate these Terms and we will immediately terminate your ability to Use the Services. You are solely and entirely responsible for your Use of the Services via your devices, equipment, internet connection, and data and security environment. If your Use of the Services results in the need for servicing or replacing of devices or equipment or loss of profits or data, Forward Creative will not be responsible for those costs. If you would like information about obtaining Forward Creative’s permission to Use the Content or Marks, please contact us at Info@ForwardCreative.ca

Accounts

Some Services permit or require you to create an account to Use the Services or certain features contained therein (a “User Account“). You agree to provide true, accurate, current, and complete information about yourself or your entity as prompted by our registration processes (the “Registration Data“) and agree to maintain and update that data for the duration of your Account. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other Account information, or another person’s name, likeness, voice, image, photograph, contact information, or other identifying information. You agree to treat all usernames, passwords, or other Account information as confidential and will not disclose it to any other person or entity. 

You also agree to exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal or Account information. You understand and agree that any Account provided to you is personal to you and you agree not to provide any other person with access to any Services or portions thereof using your username, password, or other Account information. You agree to notify us immediately of any unauthorized access to or use of your username, password, other Account information, or any other breach of security by emailing us at Info@ForwardCreative.ca. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We may disable, suspend, or terminate your Account and your ability to Use any Service or portion thereof for failure to comply with these Terms, any related terms or policies (including our Privacy Policy), or any special terms related to a particular service or feature.

Please refer to our Privacy Policy for full details on how Forward Creative manages your personal information and Account.

Platform and App License

Upon your Use of the Platform and/or the App, Forward Creative grants you a non-exclusive, non-sublicensable, non-transferrable, limited right of use to Use the Platform, the App, and any accompanying content and documentation, (collectively, the “Software“) on a SaaS basis (the “Right of Use“).

Your Right of Use shall be valid for so long as you maintain an Account with Forward Creative, pay all fees, and comply with these Terms. Where your Account is subscription-based, your Right of Use shall be renewed in accordance with your selected subscription plan. In addition to any other termination rights granted under these Terms, Forward Creative shall have the right to terminate the Right of Use with immediate effect if you commit a material breach of these Terms or fail to pay any fees owing despite written reminder. Upon termination, the Right of Use shall expire and you shall no longer have access to or otherwise be able to Use the Software.

All ownership rights, including copyright, trademark, design, patent, and other intellectual and industrial property rights to the Software, shall at all times remain the property of Forward Creative.

Communications and Conduct

Services are available to you through our Websites as well as other online platforms and electronic communications such as email or telephone. By Using our Websites and providing your email and other contact information, you may also receive promotional offers and materials. You may disable such notifications by clicking on the “unsubscribe” link in our emails. You agree to provide current and accurate information in connection with your Use of to the Services. You agree to promptly update any account information, including your contact and payment information, where applicable, so that the Services can be provided and we may contact you as needed. We reserve the right to refuse any request for Services. We also have the discretion to limit or cancel access to Services if we believe it is appropriate to do so. For example, we may cancel or refuse access to Services where there is any action by you that:
  1. appears to be illegal, fraudulent, abusive, harassing, harmful, disruptive, or in any way offensive or inappropriate;
  2. shows multiple, repeated requests being placed by the same person, credit card or other payment information, or correspond to the same billing and/or shipping address;
  3. appears to be related to “bots” or other mass-related online requests;
  4. includes any inaccurate, misleading, or incomplete information; and
  5. breaches any of these Terms.
If we terminate or cancel your Use of any Services for any of these reasons, we will attempt to notify you but you will not be entitled to a refund for past Use. When you Use the Services, or contact us from any computer or device, including through social media, you are communicating with us electronically. We may also communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Websites or through our Software. By Using the Services, you consent to receive these communications. You agree that all communications that we provide to you electronically, such as by email or text message, satisfy any legal requirement that such communications be in writing. Please refer to our Privacy Policy for full details on how we request and manage your consent to our communications.

Public Forums

Public Forums are any area, site, or feature offered, owned, or run by Forward Creative that offers the opportunity for Users to submit content (“User Submissions“) for viewing by one or more other Users, including without limitation product reviews, message boards, forum, and social community environment (including social media accounts and pages). You acknowledge that Public Forums are for public and not private communications, and you have no expectation of privacy with regard to any User Submission you make on or to a Public Forum. We cannot guarantee the security of any information you disclose through any Public Forum, and as such, you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks, or other content regarding other Users, service providers, Forward Creative, or any other third party. You may be held legally responsible for damages suffered by other Users, Forward Creative, or third parties as a result of legally actionable or defamatory comments, remarks, or other information or content which you post to a Public Forum. By submitting material to any Public Forum, you automatically grant, or warrant that the owner of such material has expressly granted, Forward Creative and our affiliates, service providers, and each of their respective licensees, successors, and assigns, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, copy, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material and otherwise to disclose to third-parties or make it available on any Public Forum any such material for any purpose and without compensation to you. You also permit any other User to access, view, store, or reproduce the material for that User’s personal use. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission. By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and to our licensees, successors, and assigns. Your further declare and warrant that the User Submissions comply with these Terms and with applicable laws and regulations. Forward Creative is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable. You are and will remain solely responsible for the User Submissions you distribute on or through any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. Forward Creative is not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by Users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of Users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any Public Forum or information obtained therefrom. You agree that you will not submit any User Submission on any Public Forum that, in Forward Creative’s sole discretion:
  1. violates or may violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
  2. violates or may violate violate the terms of use of any third-party website that is linked to the Services, including but not limited to, any third-party social media website;
  3. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  4. is bigoted, hateful, defamatory, inflammatory, or racially, sexually, religiously, ethnically, or otherwise offensive on a legally prohibited ground or is otherwise objectionable;
  5. is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
  6. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, exploitation, violence, child pornography, stalking, sexual assault, murder, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  7. infringes or violates any right of a third party including:
    1. copyright, patent, trademark, industrial design, trade secret, or other proprietary or contractual rights;
    2. right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or
    3. any confidentiality obligation;
  8. impersonates or attempts to impersonate Forward Creative, an Forward Creative Employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  9. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;
  10. is commercial, business-related, or advertises or offers to sell any products, services, or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  11. contains a virus or other harmful component, or otherwise tampers with, impairs, or damages the Services or any connected network, or interferes with any person or entity’s Use or enjoyment of the Services;
  12. does not generally pertain to the designated topic or theme of the relevant Public Forum;
  13. violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures;
  14. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;<
  15. is false, inaccurate, or misleading; or
  16. encourages any of the above conduct or otherwise restricts or inhibits anyone’s Use or enjoyment of the Services or which may harm Forward Creative or any of our Users or expose them to liability (together, the “Rules of Conduct“).
We cannot and do not assure that other Users are or will comply with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any Public Forum that violates these Terms (including the above-listed Rules of Conduct). Forward Creative may, in its sole discretion, take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized Use of the Services. WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANYONE POSTING ANY MATERIALS ON OR THROUGH THE SERVICES. IN SUCH AN EVENT, YOU WAIVE AND HOLD HARMLESS Forward Creative FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY Forward Creative RELATING TO ANY INVESTIGATIONS BY EITHER Forward Creative OR BY A LAW ENFORCEMENT OR OTHER LEGAL OR REGULATORY AUTHORITY. If you are aware of any User Submission that violates these Terms of Service, we ask you to report it to Forward Creative at Info@ForwardCreative.ca.

Forward Creative Intellectual Property Rights

All intellectual property rights, including copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks (whether registrable or not), service marks, trade dress, trade names, logos, business names, domain names, social media handles, industrial designs, trade secrets, know-how, show how, software code, data sets, Website layout and selection, and confidential information, together with all of the goodwill, derivative works, and other forms or representations thereof (collectively, “Forward Creative IP Rights“) in and to the Services and all Websites, Software, and Content therein, are owned by Forward Creative, its licensors, or other providers of such material. All Forward Creative IP Rights are protected by the applicable copyright, trademark, patent, industrial design, trade secret, and other intellectual property or proprietary laws and rights in Canada and internationally, as the case may be.

You are not allowed to use any Forward Creative IP Rights without the prior written permission of Forward Creative. Any misuse of the Forward Creative IP Rights will be a breach of these Terms and will prevent you from Using the Services in the future.

You are not allowed to:

  • use Forward Creative IP Rights in association with any product, service, platform, or device that is not offered or approved by us;
  • use Forward Creative IP Rights in any way that is likely to cause confusion in the marketplace, or in any manner that disparages, discredits, or degrades our brand, reputation, and goodwill;
  • copy, reproduce, compile for a database, distribute, modify, create derivative works, publicly display, publicly perform, republish, translate, download, store, or transmit any of the Content, in any form or medium whatsoever except that your computer browser may temporarily store or cache copies of the Content only while being accessed and viewed;
  • download, edit, or modify copies of any Content from the Services;  
  • modify or delete any copyright, trademark, patent, or other legal notices appearing in the Software or Content. 

If you copy or download any Content from the Services in breach of these Terms, your right to Use the Services will cease immediately and you must, at our option, return or destroy all unauthorized copies you made.

Other intellectual property rights, including trademarks, trade names, or trade dress that are not owned by us may appear on or in conjunction Services (“Third-Party IP“). All Third-Party IP is the property of its respective owners, who may or may not be affiliated with or sponsored by us. Use of any such Third-Party IP, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You have no right, title, or interest in or to the Services or to any Content thereon, and all rights not expressly granted are reserved by Forward Creative. Any Use of the Services not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

If you are aware of any misuse of the Forward Creative IP Rights or Third-Party IP, we ask you to report it to Forward Creative at Info@ForwardCreative.ca.

Third Party Tools, Links, and Sites

The Services may contain links to third-party websites that are maintained, or give you the opportunity to download items created or developed, by others. Any such links or downloads are provided solely as a convenience to you and not as an endorsement by Forward Creative of the contents on such third-party websites or downloads. You agree that our suggestion to use or access the third-part sites or downloads is completely optional and at your choice and that any such use or access is subject to the policies, terms, and conditions of those third parties. 

Forward Creative is not responsible for the content of linked third-party sites or downloads and does not make any representations or warranties regarding the content, accuracy of materials, or functionality of such third-party websites or downloads or the privacy practices of such third parties. If you decide to access linked third-party websites or download such third-party items, you do so at your own risk. You agree that we are not liable for any harm, injury, damage, or loss caused by your access and use of such third-party sites or downloads. It is your responsibility to carefully review the policies, terms and conditions of third-party sites prior to any interaction with them. Any issues, questions or concerns arising out of your use of third-party sites should be directed to the relevant third-party.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS COMPLETELY VOLUNTARY AND AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICES OR THE ACCURACY, RELIABILITY, SUITABILITY, EFFECTIVENESS, COMPLETENESS, SECURITY, AVAILABILITY, OR TIMELINESS OF THE SERVICES. FORWARD CREATIVE DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, FREE OF TECHNOLOGIALLY HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. FORWARD CREATIVE DOES NOT WARRANT THE FITNESS OF THE SERVICES FOR ANY PARTICULAR PURPOSE. FORWARD CREATIVE DOES NOT WARRANT THE INTELLECTUAL PROPERTY RIGHTS OF THIRD-PARTIES.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL FORWARD CREATIVE NOR ITS AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY: (A) INACCURACY, ERROR IN, OR FAILURE OF ANY SERVICE; (B) DAMAGES OR LOSSES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM THE USE OF THE SERVICES, INCLUDING, FOR EXAMPLE, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, AGGRAVATED, OR EXEMPLARY DAMAGES; (C) LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, BUSINESS INTERRUPTION, PRIVACY BREACH, OR SECURITY INCIDENT; AND (D) ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, OVERLOADING, FLOODING, MAILBOMBING, CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, BUSINESS EMAIL COMPROMISE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, INSTRUMENTS, OR COMPUTERS DUE TO YOUR USE OF THE CONTENT OR SERVICES IN COMPLIANCE WITH THESE TERMS; IN EACH CASE WHETHER OR NOT FORWARD CREATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR HAD REASON TO KNOW.

ANY AND ALL CLAIMS, JUDGMENTS, OR AWARDS IN ANY LEGAL PROCEEDING SHALL BE LIMITED TO THE ACTUAL FEES OR INVOICES PAID BY YOU FOR THE SERVICES. YOU WAIVE THE RIGHT TO CLAIM ANY PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (AS LISTED ABOVE) FOR YOUR USE OF THE SERVICES.

Some jurisdictions may not allow for limitations or exclusions on certain types of damages or warranties. If the laws of those places apply to you, some of the above limitations or exclusions might not apply to you, and you might have additional rights. In any event, we will rely on the maximum limitation or exclusion available in those places.

If you are dissatisfied with the Services or with these Terms, your sole remedy is to discontinue Use of the Services.

Indemnity and Release

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Forward Creative, its affiliates, and their representatives from and against any claims, actions, liabilities, damages, demands, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) arising out of or relating to: 

  1. your Use of the Services in any unauthorized or unlawful manner;
  2. your breach of these Terms;
  3. your breach of any other Forward Creative policy, such as our Privacy Policy; and
  4. your violation of any third-party rights including any intellectual property, privacy, property, or security right of a third-party.

Your obligation of indemnification survives any termination of the Terms, closure of your Account, or your Use of the Services is discontinued.

Export Control

Canada, the United States, and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export any Services to countries or persons prohibited under export control laws. By downloading or Using any Software or Content, you are agreeing that you are not in a country where such export is prohibited and that you are not subject to any sanctions imposed by the Canadian or United States governments. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services.

Term and Termination

These Terms, as updated from time to time, shall remain in full force as long as they are posted on the Websites and linked to or otherwise contained in any of the Services. You may stop Using the Services at any time provided that you pay any outstanding fees or invoices that are owed to Forward Creative.

We reserve the right to terminate your Use of the Services immediately, with or without notice to you and without any liability to you, if we believe that you have breached these Terms, have interfered with someone else’s Use of the Services, or have breached our other policies such as the Privacy Policy.

Changes to Services

We reserve the right to change, add to, amend, or discontinue any of the Services at any time and at our own discretion. We also reserve the right to alter or increase the pricing of our Services, as well as making limited offers or promotions in relation to the Services.

You agree that it is your responsibility to monitor the Services for any changes. We shall not be liable to you or to any third party for any consequences arising out of the pricing or promotion of the Services or any changes, suspension, or discontinuance of the Services.

Disputes, Claims, and Applicable Law

The laws of the Province of Nova Scotia, Canada apply to these Terms. You agree that these Terms shall be construed under the laws of the Province of Nova Scotia and the Federal laws of Canada applicable therein, without regard for conflicts of laws principles. 

You agree to irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Nova Scotia. Any proceeding arising from your Use of the Websites may only be commenced in Halifax, Nova Scotia. You agree not to object to the location of this venue for any reason. You agree that any proceeding may only be commenced individually and not part of any group or class.

Any and all claims, judgments, or awards shall be limited to the actual fees paid by you for the Services. You hereby waive the right to claim any punitive, consequential, or indirect damages of any kind. Notice of any proceeding in the Province of Nova Scotia, Canada shall be sent to you by email or your last-used mailing address.

General

Entire Agreement. These Terms contain the entire agreement between you and us, with respect to the subject-matter hereof and supersede all prior agreements, whether written or oral, relating to the same subject matter.

Assignment. You may not assign or transfer any rights granted to you under these Terms. We may assign or transfer any of our rights and obligations under these Terms without restriction or limitation. 

Amendments. We reserve the right to make changes to these Terms from time to time and to publish a replacement version on the Websites or in the Services.

Waiver. Any failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates or may be construed as a waiver thereof and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Force Majeure. We will not be liable for any failure to operate or offer the Services if such failure is due to circumstances beyond our reasonable control, including without limitation strikes, labour disputes, fire, explosion, flood, power outage, industrial disturbance, acts of God, war, terrorism, pandemic, health outbreak, state of emergency, government orders, acts of an authority, or other any other similar cause.

Independent Parties. Your Use of the Services is not intended and shall not be deemed to create any agency, representation, joint venture, partnership, or similar legal relationship between us.

Contact Should you become aware of misuse of the Services, including libelous or defamatory conduct, you must report it to Forward Creative at Info@ForwardCreative.ca. Any other feedback, comments, requests for technical support, and other communications relating to any Services should also be directed to Info@ForwardCreative.ca.

Last Updated: March 2024

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