Terms of Service
Last updated: April 2024
This website is operated by Streamforge Inc. (“Company”, “us”, “our”, “we”). By visiting our site and/or signing into our application, you agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”) that govern your use of the site. Certain features of the site may be subject to additional guidelines, terms, or rules, which will be posted on the site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement may be modified by us from time to time, such modifications to be effective upon posting on the site. By accessing and/or using the site, you accept these Terms of Service, and agree to the terms, conditions and notices contained or referenced herein.
1. Accounts
In order to use certain features of the site, you must register for an account (“Account”) and provide certain information about yourself as part of the registration process. You represent and warrant that: (i) all required registration information is truthful and accurate, and that you will not submit any false or misleading information; (ii) you will maintain the accuracy of all such information; and (iii) you will not impersonate nor allow any other person to impersonate any other licensee, user, or customer.
2. Use of Service
If you are using the Service and/or accessing the website on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
b. You have read and understand this Terms of Service;
c. You agree to this Terms of Service on behalf of the Subscribing Entity; and
d. You are at or above the age of majority in your jurisdiction.
Illegal and/or unauthorized uses of the website include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the website, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the website in any fraudulent or misleading manner, any automated use of the system, such as scraping the website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website, and using the website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the website and Service is with the permission of the Company, which may be revoked at any time, for any reason, in our own sole discretion.
3. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (i) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.
4. Term: Renewal
Your subscription is for the initial service term as specified in the Order Form and shall be automatically renewed for additional periods of the same duration as the initial service term, unless either party requests non-renewal and/or cancels the subscriptions (i) at least thirty (30) days prior to the end of the then-current term for quarterly, semi-annual and annual subscriptions, or (ii) prior to 11:59 p.m. Eastern Time on the day before your next recurring billing date for monthly subscriptions. Subscriptions are non-cancelable during the term specified in the Order Form.
5. Use of Website
a. You may not browse or download illegal content.
b. You must not copy or capture, or attempt to copy or capture, any content from the website (the “Content”) or any part of the website, unless given express permission by us.
c. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
d. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the website’s offering.
e. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
f. You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the website.
g. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the website or any Content appearing on the website (other than Your Content).
h. You must not, and must not permit any third party to, copy or adapt the object code of the website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the website, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
i. You must not use the website to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
j. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
k. You must not rent, sell or lease access to the website, or any Content on the website, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
l. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
m. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any of the Company’s employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
n. You must not sell or transfer, or offer to sell or transfer, any of the Company’s account to any third party without the prior written approval of the Company.
o. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
p. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by us or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the website or the Services by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of the Company under these Terms of Service, we reserve the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions, and acknowledge and agree that we have the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.
6. Content
a. Proprietary Rights. The Company retains all proprietary rights in the website and the Service. The website contains the copyrighted material, trademarks, and other proprietary information of the Company, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on the Company is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of the Company and for our Members' use only. Distribution of Content to others is strictly prohibited. You agree that we would be irreparably harmed by any violation or threatened violation of this section and that, therefore, we shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites, and some of the content appearing on the website may be supplied by third parties. We have no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.
7. Restrictions on Use of Materials
You acknowledge that the website contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
8. Copyright Policy
In order to protect the integrity of the Services, we reserve the right at any time in its sole discretion to block Members from certain IP addresses from accessing the website.
We prohibit the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Streamforge Inc.
5605 Av de Gaspé
Montreal QC, H2T 2A4, Canada
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to us at the address shown above, giving a written statement that contains:
a. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
b. identification of the allegedly infringing material on the Site that is requested to be removed;
c. your name, address, and daytime telephone number, and an e-mail address if available;
d. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
e. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
f. the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right.
We will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
9. Liability for Content
You hereby acknowledge and agree that the Company (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content.
You hereby acknowledge and agree that we cannot and do not review the Content created or uploaded by its users, and neither the Company nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the website for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
The Company and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the website by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the website. By using the website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against us or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, OR YOUR INTERACTIONS OR TRANSACTIONS WITH CREATORS THROUGH THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE GREATER OF (A) $100 USD OR (B) THE FEES PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. YOU AND COMPANY AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION AGAINST COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
a. your use of the Service and/or website in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
b. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the website, and/or your making available thereof to other users of the website, and/or the actual use of Your Content by other users of the website or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
c. any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of the Company.
12. Attorney Fees
In the event that the Company is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for our attorneys' fees and costs.
13. Privacy
Use of the website and/or the Service is also governed by our Privacy Policy, located at streamforge.com/privacy-policy.
14. Jurisdiction and Choice of Law; Dispute Resolution
If there is any dispute arising out of the website and/or the Service, by using the website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of Montreal, Quebec, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the Province of Quebec with the same force and effect as if such service had been made within the Province of Quebec. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
15. Arbitration Provision/No Class Action
Except where prohibited by law, as a condition of using the website and/or Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the website and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the Quebec law for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the Province of Quebec. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the Province of Quebec, Canada.
16. Miscellaneous
a. Complete Agreement and Understanding. These Terms of Service are the entire and exclusive understanding and agreement between us and you regarding the Service. These Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topics (including any non-disclosure or confidentiality agreement previously entered into between us), provided that any modification of an Order Form shall govern and supersede any conflicting provision in these Terms.
b. Our Relationship with You. The relationship between you and us is that of independent contractors, and nothing in these Terms of Service shall be construed to create or imply any other relationship.
c. Assignment. We may assign these Terms at our discretion. You may not assign, sublicense or transfer these Terms in whole or in part to anyone else.
d. Severability. If any provision of these Terms is determined by a court to be invalid, illegal or unenforceable, that determination will not affect the validity or enforceability of the remaining provision of the Terms, and each provision shall be considered as separate, severable and distinct from each other.
e. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, our failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect our ability to enforce such term at any point in the future
f. Notice. Legal notices to us (including but not limited to termination notices) must be sent to [email protected]. We will send legal notices to you via a method of our choosing, including without limitation via the Service or to the email or address you have provided to us.
g. Termination.
h. Force Majeure. We will not be deemed responsible or liable for any failure to perform or delay in performance under these Terms (or any Order Form) where such delay or failure is beyond our control, including without limitation, where caused by labor disputes or strikes, internet or telecommunications failures, shortages or inability to obtain energy, labor, or supplies, war, terrorism, riot, acts of God or governmental action, natural disasters including floods, earthquakes and hurricanes, acts by hackers or other malicious third parties and problems with the Internet, and such performance shall be excluded to the extent that it is prevented or delayed by reason of any of the foregoing.
