Creators Terms of Service

Last updated: April 2024

Streamforge Inc. (“Streamforge”, “we”, “us”, or “our”) is a technology company specializing in influencer marketing for the gaming industry. Using Artificial Intelligence (“AI”) technology and data analysis, Streamforge helps brands, mobile, and video game publishers and developers (“Companies”) to market and promote their products through gaming content creators (“Content Creators”) on streaming platforms such as Twitch, YouTube, TikTok, Instagram, X and Steam. In this context, Streamforge’s online platform (the “Platform”) serves as a marketplace and hub to connect Companies and Content Creators for the purpose of showcasing the Companies’ video games titles. The services provided by Streamforge on the Platform to the Content Creators are collectively referred to in this document as (the “Services”). 

Access and use of the Platform by the Content Creators are governed by these Terms and Conditions. 

By accessing our Platform on your computer or other device(s) as a Content Creator, you agree to be bound by these Terms and Conditions. 

These Terms and Conditions contain provisions that have legal implications and constitute a legal contract between you, as a Content Creator, and Streamforge. You understand that by checking the “agree” box for these Terms and Conditions and/or any other forms presented to you on the Platform, you are agreeing to these Terms and Conditions and that such action is the equivalent of a signature.

IF YOU DO NOT WISH TO BE BOUND BY ANY OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE PLATFORM OR THE SERVICES.

1. LEGAL RELATIONSHIP

As a Content Creator, you have direct access to the Platform and the Services for your personal use. As such, your access and use of the Platform and Services are governed by these Terms and Conditions.

The Content Creators rights and obligations vis a vis Streamforge, and Streamforge’s rights and obligations vis a vis the Content Creators are exclusively set out in these Terms and Conditions and in applicable laws whose effect cannot be legally waived.

In addition, the terms of each individual engagement of the Content Creators, (hereinafter referred to as “Sponsorship”), shall be detailed on the Platform. Content Creators will access it through their personal dashboard to review the specific terms and conditions associated with a given Sponsorship and formally agree to those terms.

Streamforge acts solely as a platform facilitating the connection between Content Creators and Companies. Under no circumstances shall Streamforge be considered a party to the Sponsorships rendered by Content Creators to Companies. We do not assume any responsibility or liability for any actions, product, and content concerning the relationship between you as a Content Creator and the Companies.

2. USAGE RIGHTS

Streamforge grants you a limited, non-exclusive, non-transferable right to access and use the Platform and the Services solely for your personal use and only as permitted under these Terms and Conditions. 

We reserve the right, in our sole discretion, to deny or suspend your access and use of the Platform or the Services to anyone. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person, organization or entity; (b) use the Platform or the Services in violation of any applicable law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Platform or the Services; (d) access the Platform or the Services for the purpose of building competing platform or service; (e) distribute viruses or other malware through the Platform; or (f) otherwise use the Services or the Platform in any manner that exceeds the usage right granted above.

Furthermore, you shall as a Content Creator: (a) only post or publish content that are your original work and creation, or content on which you have the sole and exclusive right to post or publish; (b) not post or publish any content that promotes bigotry, hate speech, racism or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age or other protected grounds under applicable human rights legislation; (c) not post or publish any third-party intellectual property, including but not limited to, content, photographs, trademarks, logos, music or celebrity names, photos, images, voices or other likenesses of an individual (whether famous or not) without the prior written authorization of the individual or owner, as applicable, which authorization you may be required to provide evidence of to Streamforge, in a form satisfactory to Streamforge; (d) not make any statements that are disparaging, negative, defamatory or potentially damaging in any way about Streamforge or its Services, about the Companies or any third party; (e) refrain from violating the terms and conditions of any third-party platforms in connection with your Sponsorships.

3. CONTENT

The usage rights of any content created by Content Creators in the course of a Sponsorship will be determined and specified in accordance with the terms and conditions of each Sponsorship.

4. USER ACCOUNT

To initiate your use of the Services, you are required to create an account ("Account") directly through the Platform. This process entails providing essential contact information, including your name, email address, and telephone number, and selecting a password (collectively referred to as "Account Information"). To register for and use the Services, you must have reached the age of majority in your jurisdiction (or be represented by your legal tutor) or else, you may not register to use the Services. You agree that the Account Information that you provide to us, including during registration as well any information you communicate through the Platform, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Streamforge reserves the right to take any action as it deems necessary or reasonable regarding the security of the Platform and your Account Information. In no event and under no circumstances will Streamforge be held liable to you for any liabilities or damages resulting from or arising out of your use of the Services, or your use or release of your Account Information to a third party.

5. PAYMENT FOR SERVICES

Your access to and use of the Services are extended without charge. Any payment from Companies, in consideration of the services rendered as a Content Creator within the scope of a Sponsorship, will be processed through the Platform via a third party payment provider. Such payments are subject to the terms and conditions of such third-party payment provider. You agree to comply with those third-party payment provider terms and conditions made available to you as part of our Services. Additionally, you agree and understand that we are not responsible for such third party payment provider, and you use such third-party at your sole risk.

6. PRIVACY

We acknowledge the paramount importance of safeguarding your privacy and the confidentiality of your personal information (“Personal Information”). To inform you about our privacy and protection practices with respect to your Personal Information, including how we collect, use and disclose your Personal Information, please refer to our Privacy Policy.

7. SERVICE AND PLATFORM AVAILABILITY

Streamforge uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there may be occasions when the Services will not be accessible for maintenance work or due to reasons that are beyond Streamforge’s control, such as failures in telecommunication networks outside of Streamforge’s organization. 

Streamforge may, from time to time, modify and update the Services and the Platform and you agree that Streamforge will not be liable to you or anyone else if Streamforge does so, except as may be set forth in a separate agreement.

You are responsible for obtaining and maintaining any equipment or ancillary services needed to access mobile and tablet Platform and you are responsible for all applicable fees incurred while accessing such applications, such as fees from your mobile carrier, overage charges, etc.

8. PROPERTY

The Platform and its entire content, features and functionality (including but not limited to all information, software, text, displays, images, and the design and user interface), are owned by Streamforge, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Platform except as generally and ordinarily permitted through the Platform according to these Terms and Conditions. 

The trademarks and logos displayed in the Platform (the “Marks”) are the property of Streamforge or third-party rights holders. You are not permitted to use the Marks without the prior consent of Streamforge or the rights holders. The Streamforge logos are trademarks of Streamforge.

9. OPTIMIZATION

We use user information, including behavioral metrics, and other non-personally identifiable information to operate, improve, and maintain our Platform and the Services, to develop new products and services. 

10. TERMINATION

You may deactivate your Account and terminate your registration on the Services at any time, for any reason as follows: 

Content Creators may have their Account terminated by contacting Streamforge; Streamforge may also suspend or terminate your use of the Services and/or your Account should you breach any provision of these Terms and Conditions. Subject to applicable law, Streamforge reserves the right to maintain, delete or destroy all communications, materials and data exchanged or stored through the Services pursuant to its internal record retention policies. After such termination, Streamforge will have no further obligation to provide the Services.

11. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM OR THE SERVICES IS AT YOUR SOLE RISK. BOTH THE PLATFORM AND THE SERVICES ARE PROVIDED TO YOU, AS CONTENT CREATOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. STREAMFORGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

12. LIMITATION OF LIABILITY.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL STREAMFORGE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

STREAMFORGE’S AND ITS AFFILIATE’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100) OR THE AMOUNT PROVIDED IN A SEPARATE AGREEMENT (IF ANY), WHICHEVER IS HIGHER. THIS LIMITATION WILL APPLY EVEN IF STREAMFORGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO SOME OR ALL OF THE FOREGOING MAY NOT APPLY TO YOU.

13. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless Streamforge, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

14. MODIFICATION OF THESE TERMS AND CONDITIONS

Streamforge may change, add, or delete portions of these Terms and Conditions in the future. When making important changes to these Terms and Conditions, we will inform you in advance of such changes becoming effective and you will be presented with the updated version of the Terms and Conditions for acceptance upon your next connection to the Platform or the Services. In any event, continued use of the Platform and/or the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes. 

15. APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms and Conditions and your use of the Platform and the Services shall be governed by the laws of the Province of Québec, Canada, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms and Conditions will be resolved exclusively by the competent courts located in the judicial district of Montreal, Canada, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. 

16. MISCELLANEOUS

The Services are controlled, operated and administered by Streamforge from its offices in Montreal, Quebec, Canada. If you access and use the Services from a location outside Canada, then you are responsible for compliance with all local laws.

Nothing contained in these Terms and Conditions should be regarded or construed as creating any relationship (whether by way of employer/employee, agency, mandatary, attorney, joint venture, association, or partnership) between Streamforge and Content Creators other than as independent contractors as set out herein. Neither party has authority or power to bind the other party or to contract in the name of, or create a liability against, the other party in any way or for any purpose.

The Terms and Conditions constitute the entire agreement between Streamforge and you with respect to your access to or use of the Platform and the Services. These Terms and Conditions supersede any prior agreements between you and Streamforge on such subject matter.

You may not assign or otherwise transfer your rights and obligations pursuant to these Terms and Conditions without Streamforge’s written consent. Streamforge’s rights and obligations under these Terms and Conditions assignable by Streamforge.

If a court of competent jurisdiction finds any provision of these Terms and Conditions, or any portion thereof, to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to reflect the intent of the parties, and the remainder of these Terms and Conditions will continue in full force and effect.

Any failure by Streamforge to enforce or exercise any provision of these Terms and Conditions, or any related right, will not constitute a waiver of that provision or right.