Terms and conditions

FForward, LLC trading as Digital Chief (Digital Chief) maintains this website (“www.digitalchief.co” and other related websites) (Site) for your information and convenience and to make various products available for purchase online. The terms and conditions set out in this document (Terms) apply to all users of this Site. By using this Site, you accept and agree to these Terms. Please ensure that you read these Terms carefully, especially the disclaimers and limitations of liability.

Digital Chief may change these Terms at any time. Please check these Terms at regular intervals for any changes. Your continued use of the Site following any change to these Terms will be deemed acceptance of those changes.

1. Use of website

   1.1. The information on this Site and these Terms has been prepared in accordance with United States law, but may not satisfy the laws of other countries. If you are residing outside United States, then clause 13.2 will apply.

   1.2. You are responsible for all of your activity in connection with accessing and using this Site, including the purchase or licensing of any goods or products available on the Site (Products). By using this Site, you are also agreeing to the Digital Chief Privacy and Security Policy, as set out at digitalchief.co/privacy-policy.

   1.3. You must not use this Site for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority. You must not distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.

   1.4. You must not bypass any security mechanisms imposed by the Site.

   1.5. By emailing materials to Digital Chief, you grant Digital Chief a non-exclusive, royalty free, perpetual licence to use, modify, reproduce, distribute or otherwise deal with those materials in any manner which Digital Chief deems appropriate. In addition, you agree to waive all "moral rights" in those materials.

2. Products

   2.1. The Site may allow you to order different categories of Products: (1) Products that you may purchase such as T-Shirts, mugs and other merchandise (Purchased Products), and (2) Products that you may license from Digital Chief, such as audio content and ebook (Licensed Products).

   2.2. Any information provided on the Site in respect of any Products (including the price of the Products) does not constitute an offer to sell or to license but an invitation to treat only, and is subject to the availability of the Products, which may change from time to time.

3. Your account

   3.1. You may register and create an account (Account) by following the registration process set out in this Site.  If you wish to purchase or license any Products from us, you must have an Account.

   3.2. You warrant that all information (including any personal information) that you provide at registration of your Account is true, complete and accurate.  You must ensure your registration details are up-to-date.

   3.3. You must not assign, transfer or otherwise deal with your Account without our consent.

   3.4. Use or access to your Account may be subject to a logon system.  You must keep safe and secure all identification information (including username and password) (ID) used to access your Account, and you must not disclose them to anyone else or allow anyone else to use your Account.  You are entirely responsible for any access to your Account, and acknowledge that any access to or use of your Account by means of an ID assigned to you is deemed to be access or use by you (other than any unauthorised use by Digital Chief’s own staff). This includes any purchase made through your Account or download of Licensed Products using your Account.

   3.5. You hereby indemnify Digital Chief from and against any liability, damage or expense that Digital Chief incurs or suffers as a result of any action, inaction or omission on your part in connection with this Site, or from any use or misuse of your Account by using your ID, or the misuse of the Site by you.

   3.6. If you are under 18 years of age, you must obtain your parent or guardian’s consent before you create an Account and must ensure that your parent or guardian agrees to these Terms.

4. Trial or free Products on this Site

   4.1. From time to time, the Site may offer you the ability to play or download Licensed Products for free or for a trial period (Free Product). The ability to play download the Free Products may be conditional on you providing certain personal information to Digital Chief (which will be specified on the web page from which you may download the Free Product).

   4.2. The Free Products are not sold, but licensed. Except to the extent Digital Chief expressly specifies otherwise, by downloading, reproducing or using the Free Product, you agree to be bound by the following terms and conditions.  If you do not agree with these terms and conditions then you must not play, download, reproduce or use the Free Product, and must immediately delete any copies of the Free Product that you may have:

   4.2.1. Digital Chief grants to you a limited licence to play, download and use one copy of each Free Product solely for your personal non commercial use.  The licence is non-exclusive and must not be transferred, assigned or dealt with in any way.

   4.2.2. All rights in relation to the Free Product that are not expressly granted are excluded or limited to the extent permitted by law.

   4.2.3. Except as expressly permitted by Digital Chief, you must not, and must not allow any other person to:

   4.2.3 (a). make any copies of the Free Product;

   4.2.3 (b). modify, vary, improve, translate or adapt the Free Product (including removing any disclaimers, acknowledgement or copyright statements relating to the Free Product);

   4.2.3 (c). sub-license, sell, distribute, publish, transmit or otherwise make available on a commercial basis to any third party any part of the Free Product; 

   4.2.3 (d). permit or allow any other person access (directly or indirectly) to the Free Product (although you may refer another person to the Site to obtain the Free Product); or

   4.2.3 (e). make the Free Product available over the Internet or similar networking technology.

   4.2.4. If the Free Product is provided on a trial or limited basis (as specified on the web page from which you played or downloaded the Free Product), then you must comply with the specified conditions. If you fail to do so, your licence to use the Free Product will terminate automatically, and you must immediately cease to use the Free Product and destroy all copies of the Free Product.

   4.2.5. To the extent permitted by law, the Free Products are provided on an “as is” basis, and you are responsible for assessing their accuracy and you rely on them entirely at your own risk. Digital Chief is not liable to you for any losses, damages, liabilities, claims and expenses whatsoever (other than liability which may not lawfully be excluded), whether direct, indirect or consequential, arising out of or referrable to the Free Products.

5. Purchasing or licensing Products on this Site

   5.1. By placing an order using the Site, you are offering to purchase or license the Products at the price specified in the electronic order form you completed (plus any delivery charges or other applicable charges payable by you).  Digital Chief will accept your offer only after confirmation of full payment for the Product.

   5.2. At any time, Digital Chief may, in its absolute discretion, reject or cancel any order it receives for any reason, including the unavailability of Products, an error in the price or the description of the Products on the Site, or an error in an order placed by you. In such case, Digital Chief may refund you for any amounts that you have paid for the cancelled order.

   5.3. The contract of sale (in relation to Purchased Products) and contract of licence (in relation to Licensed Products) between Digital Chief and you is subject to the Terms and Conditions of Sale (as presented to you when making a purchase). The contract is not subject to any terms or conditions proposed by you.

   5.4. All prices for the Products are detailed in the Site, and are payable in United States dollars, and include GST where applicable. Product prices shown on this Site exclude shipping and handling fees. You will be advised of any shipping and handling fees (if any) on the online order form when completing your online purchase.

   5.5. Digital Chief reserves the right to vary the prices without prior notice.

   5.6. Digital Chief may offer different payment methods, and you may select one of these methods on the online order form when completing your online purchase. You are solely responsible for any fees or charges that may be imposed on you by a third party in connection with your choice of payment method. If any fees or charges are imposed on Digital Chief in connection with your choice of payment method, Digital Chief may increase the price of the Products by the amount of the fees or charges.  They will be set out in the online order form.

   5.7. All purchases and payments must be paid for in full and cleared before Digital Chief will deliver the Product to you.  

6. Disclaimers

   6.1. Digital Chief does not warrant that access to this Site will be uninterrupted, or that the services offered on the Site will be error-free. Digital Chief reserves the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.

   6.2. Digital Chief goes to reasonable lengths to ensure that the information on the Site is complete and up to date, however, Digital Chief makes no representation as to the accuracy, currency or completeness of any information or services at the Site. The use of the Site is at your own risk and Digital Chief does not make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Site or the information available on the Site.

   6.3. Before relying on any information contained on the Site you should verify the accuracy of the information and its relevance to your particular circumstances. This may mean seeking independent advice.

   6.4. All information on the Site is subject to change without notice. Digital Chief does not warrant that this Site or any other websites referred to in the Site (External Sites), or its server, will be free from viruses or defects.

   6.5. To the fullest extent permitted by the applicable law, Digital Chief excludes all terms, conditions and representations, express or implied in relation to the use of the Site.

7. Liability

   7.1. To the extent permitted by law, Digital Chief excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, arising in relation to the use of the Site (including the inability to use the Site), whether or not it is caused by Digital Chief’s negligence, and whether or not the possibility of loss was known to Digital Chief.

   7.2. Other than any liability that cannot be excluded by law, Digital Chief and its directors and employees are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referrable to any information on this Site, any material on External Sites, or access or use of the Site or any services available on the Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

8. Intellectual Property

   8.1. Unless otherwise indicated, Digital Chief owns or has licence to all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on the Site. Digital Chief authorises you on a non-exclusive basis to reproduce and download the materials (other than the Products) solely for non-commercial personal use in the intended manner.  Otherwise, to the extent allowed by law, no part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission or separate agreement from Digital Chief.

   8.2. All names, logos and trade marks on this Site are the property of their respective owners. Nothing on the Site should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners. 

9. Third Party Materials and links to External Sites

   9.1. Certain components or features of this Site or the Products may include materials from third parties (Third Party Materials) and/or hyperlinks to External Sites. Digital Chief does not sponsor or endorse the Third Party Materials or External Sites. Digital Chief is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of any such External Sites or Third Party Materials and shall in no way be liable or responsible for any Third Party Materials or External Sites, including advertising, products or materials on or available from them. You further acknowledge and agree that Digital Chief shall not be responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Third Party Materials or External Sites, and advertising or products on or available from them.

10. Jurisdiction

    10.1. These Terms are governed by and construed in accordance with the laws of New York, United States of America. The parties submit to the exclusive jurisdiction of the courts of New York, United States.

11. Termination

    11.1. Digital Chief reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate any service offered by or through this Site at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.

12. Privacy

    12.1. Digital Chief may collect your personal information for the purposes of administering this Site and marketing products and services to you, including by direct marketing techniques. Digital Chief may disclose your personal information to third parties including those involved in the administration of this Site and relevant authorities. If you do not provide the required personal information to Digital Chief, you may not be able to use all the features of this Site.  

13. Miscellaneous

    13.1. If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.

    13.2. The information on this Site and these Terms has been prepared in accordance with United States law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than United States (User Country), you acknowledge that:

    13.1.1. if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;

    13.1.2. if the information and these Terms do not satisfy the laws of the User Country, then this Site is not intended for your use and you are not entitled to rely on the information contained on this Site and you must direct all inquiries to the e-mail address hello@digitalchief.co.  If you do rely on this Site, you agree to indemnify Digital Chief for any loss, costs, liability or damage which Digital Chief may incur as a result.