TERMS AND CONDITIONS
TERMS AND CONDITIONS OF USE
Use of this Website is subject to the following terms and conditions (“Terms”). Form Products Group Limited (“FORM”) may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free.
All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of FORM, our affiliates, partners or licensors, and is protected by US, Canada and International copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of FORM, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the Limited Licenses Section below, or as required under
applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
USE OF MATERIAL ON THE WEBSITE
FORM has created this Website to provide information about its company and products for Users’ personal use. Users may download computer copy or print copy of the material on this Website for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright, trademark are preserved intact and are neither modified, deleted nor changed. Unless otherwise stated, Users should assume that everything they see or read on the Website (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) (“FORM’s Material”) is protected by legislation such as copyright, designs and trademark legislation in accordance with international treaty provisions and national laws worldwide. Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, or report any part of FORM’s Materials or prepare derivative or second hand works based on FORM Materials in any way for any public or commercial purpose. Furthermore, FORM’s Material either in whole or in part may not be displayed or communicated on any other Website, in blogs, on mobile phones or more generally in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use FORM’s Material will automatically terminate and any copies made of FORM’s Material must be immediately destroyed. Any unauthorized use of FORM’s Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any unsolicited communication or material Users transmit to FORM via the Website or by electronic mail or otherwise, excluding personally identifiable data about themselves, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by FORM.
By sending communications to FORM, Users automatically grant FORM a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. FORM and its affiliated companies may use anything Users transmit for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information. Submission in any form – media, or technology, whether now known or hereafter developed, alone or as part of other works is also acknowledged that they may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A Web site that links to the Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use
any Trademark; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
USER’S OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or
services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any
You may choose to register at our Site. In the event that you register and/or purchase product through this Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or FORM suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, FORM, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Site by you. You will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in FORM ‘s best interests to do so.
THIRD PARTY LINKS
We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site, including, without limitation, www.FORMINSOLES.com.
Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Web site pages and other Web sites that you visit
LIMITATION OF LIABILITY
Under no circumstances whatsoever shall FORM be liable for any loss arising out of or in connection with the use of information available from this Website whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if FORM has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.