Terms and Conditions

 

        Stream Team by Forsta (“Community”) and the community url community.streamteampanel.com (“Website”) are operated by Forsta Inc. (“Forsta”). This document constitutes a legally binding agreement between Forsta and you (“Participant”) and is hereby immediately effective upon the occurrence of the Participant either joining the Community, accessing or using the Website, participating in any and all surveys or services initiated/available by Forsta, by any means through the Website, panels/sub-panels, focus groups, mobile, desktop, and/or any browser applications, and any platform or marketing campaign (“Services”).  Participant agrees that they have read, accept and agree to be bound by the terms of this agreement (“Terms and Conditions”).

        The Terms and Conditions apply to the Community, Website, and Services. IF PARTICIPANT DOES NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS, THEN PARTICIPANT IS EXPRESSLY PROHIBITED FROM JOINING THE COMMUNITY AND/OR USING THE WEBSITE/SERVICES AND PARTICIPANT MUST DISCONTINUE USE IMMEDIATELY.

        WHEREAS, Forsta is in the business of researching and reporting on public opinion on a wide variety of topics. All personal information collected by Forsta will at all times remain confidential and will be used solely for research purposes, in the manner set out in our Privacy Policy.

        WHEREAS, Participant acknowledges and agrees that they are responsible for all usage or activity on their account, including use of the account by any third party (which is prohibited), whether or not such use is authorized by Participant or is the result of Participant authorizing a third party to use their username and password (which is prohibited) or a third party gaining access to Participant’s username and password.

        WHEREAS, Participant acknowledges and understands that they enter and use the Website/Services/Community at their own risk.

        NOW, THERFORE, in consideration of the promises and covenants contained in the Terms and Conditions, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participant hereto agrees as follows:

 

A.  ELIGIBILITY REQUIREMENTS

1. In order to receive invitations to participate in Community surveys, Participant must first register as a member of the Community by providing Forsta with accurate, complete and updated registration information as required by the survey. In the survey the Participant will be asked various questions including, without limitation, Participant’s residence, age, habits, attitudes, family status, gender, and education level.
2. To ensure the integrity of the Community, Participant may not (a) activate or use more than one member profile account; (b) use a name subject to rights of another person without express authorization from that person; (c) use a false or misleading name, address, or email address to activate or use an account; or (d) provide any false or misleading information.
3. Membership in the Community is open only to persons residing in the 50 states of the United States or the District of Columbia, Mexico, Brazil, The United Kingdom, Germany or France and who are 18 years of age or older. Employees of Forsta, its subsidiaries and affiliates, and members of their immediate family are not eligible to participate.
4. At any time, Participant may update their email address and/or other registration information by visiting the profile section of the Website and entering the information requested. Participant may terminate their participation at any time by sending an email with the subject line "remove me" to support@streamteampanel.com *subject to change*.
5. Participant can opt-out of a panel by using the unsubscribe option in the community Website.

 

B.  PARTICIPATION

1. As a Participant, you must be willing to participate in all available surveys. Your participation is completely voluntary, and there is no obligation for you to partake in every survey conducted by Forsta.
2. Participants are invited to engage in surveys either based on their demographic information or at random, depending on each survey’s criteria. Forsta does not guarantee a minimum number of surveys and Participant acknowledges and agrees that Forsta is under no obligation to provide Participant with a particular number of opportunities to participate in surveys.

 

C.  USE RESTRICTIONS

1. Participant will not introduce any virus, worms, Trojans or other items into the Website/Services/Community.
2. Participant will not reverse engineer, disassemble, decompile, decode or adapt the software or attempt to gain access to the source code in whole or in part.
3. Particpant will not share passwords.
4. Participant will not use the software for any purpose which is not expressly granted.
5. Participant will not access the software in order to build anything similar (determined by Forsta) including but not limited to a competitive product/process (determined by Forsta).
6. Participant agrees that no content may or will be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Forsta’s express prior written permission including any text, images, audio or video.
7. Participant understands that Forsta hereby grants Participant a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Community/Website/Services. 

 

D.  TERMINATION

Forsta reserves the right to refuse, restrict, prohibit, terminate, or reject Participant’s access to, use of, and/or participation in the Community/Services/Website, at any time and for any reason, without notice. Forsta shall not be liable to Participant or any third-party for any termination of Participant’s access to the Community/Website/Services or termination of Participants account. If Forsta chooses to terminate a Participant’s access to, participation in and use of the Website/Services/Community (including, but not limited to, participation in survey projects), such Participant’s access will immediately cease, and Participant’s account will be de-activated. Forsta will be the sole determiner in cases of suspected abuse, fraud, or any breach of these Terms and Conditions. All decisions made by Forsta relating to the termination or suspension of any Participant's account shall be final and binding.

 

E.  PRIVACY

All personally identifiable information that Forsta gathers from Participant in connection with the Community and/or the Website/Services is governed by Forsta’s privacy policy. By using, uploading, posting or submitting any content in connection with the Website/Services, Participant hereby grants to Forsta a perpetual, irrevocable, unlimited, transferrable, sub-licensable, world-wide, royalty free, right and license to edit, copy, transmit, publish, display, create derivative works of, reproduce, modify, distribute and otherwise use, modify or distribute your content in any manner, without compensation or notice.

 

F.  THIRD PARTY INFORMATION

The Website/Services/Community may contain links to, or information about, other websites, products or services. Forsta does not make any representation or warranty about any such third-party information and nothing on the Website should be construed as an endorsement of such third-party information unless otherwise explicitly stated.

 

G.  DISCLAIMER

1. Participant understands and agrees that any content, material, and/or data downloaded or obtained through the Website/Services/Community is done at Participant’s own risk. Participant will be solely responsible for any and all damage to your computer/system, or loss of data that results from the content/material and/or data downloaded or obtained.
2. Participant acknowledges and understands that Forsta cannot prevent the interception of messages by unauthorized parties or guarantee that such unauthorized parties may not be able to decrypt encrypted messages. Forsta is not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the Community in any manner including without limitation, receipt of redemption requests, your ability to participate in the Community/Website/Services.

 

H. PARTICIPANT’S REPRESENATION AND WARRATIES

Participant represents and warrants the following:

1. Participant is at least 18 years old;
2. Participant meets all requirements to agree to a contract, such as but not limited to mental capacity;
3. Participant will use the Website/Services for personal use only, not on behalf of any third party or for any other commercial misuse;
4. Participant will comply with all applicable laws, codes, regulations, rules and / or requirements;
5. Participant will not transmit through the Community/ Website and /or Services anything to be considered obscene, offensive, threatening, harassing, defamatory, harmful, racist, illegal or any other material or content as determined in Forsta’s sole and absolute discretion (any Participant suspected of engaging in any of the aforementioned activity may have their account/Services/Website terminated, may be removed from the Community and may be referred to appropriate law enforcement agencies if such action is deemed warranted.);
6. Participant will not hide their identity;
7. Participant will not post spam links, or personal referral links or anything else Forsta deems unacceptable;
8. Participant will not attempt to gain other user passwords, email address, or any other potentially identifiable information;
9. Participant will provide current, complete, and accurate information, including but not limited to a valid email address, in the registration function of the Services/Website; and
10. Participant will immediately notify us of any unauthorized activity on your account or any breach of security you become aware of.

 

I. FORSTA’S REPRESENTATIONS AND WARRANTIES

1. THE WEBSITE AND THE COMMUNITY, INCLUDING ALL CONTENT OR SERVICES MADE AVAILABLE THEREON OR ACCESSED THRERETHROUGH, ARE PROVIDED "AS IS."
2. FORSTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE, SERVICES OR THE COMMUNITY. FURTHER, FORSTA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE MERCHANTBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. Forsta does not warrant that the functions contained in the Website, Services or Community or any materials or content contained therein will be uninterrupted or error free, timely, secure, that defects will be corrected, or that the Website, Services or the Community will be corrected, or will be free of viruses or other harmful components. In no event will we be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover exemplary, punitive, personal injury/wrongful death, special incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties regardless of whether or not either party has been advised of the possibility of such damages.

 

J. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER FORSTA NOR ANY OF OUR AGENTS WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OR FOR LOST PROFITS, LOSS OF PRIVACY, SECURITY OF DATA, FAILURE TO MEET ANY DUTY OR ANY OTHER DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY BREACH OF ANY ASPECT OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE/SERVICES OR PARTICIPATION IN THE COMMUNITY AND IN NO EVENT SHALL THE LIABILITY OF FORSTA OR OUR AGENTS EXCEED THE ACTUAL RETAIL VALUE OF AN APPLICABLE REWARD AT ISSUE. PARTICIPANT FURTHER AGREES THAT FORSTA WILL NOT BE LIABLE FOR, NOR BE REQUIRED TO PROVIDE PARTICIPANT ANY COMPENSATION WITH RESPECT TO TERMINATION.

 

K. INDEMNIFICATION

To the maximum extent permitted by applicable law, Participant agrees to release, defend, indemnify, hold harmless Forsta, its employees, directors, officers, agents and representatives from and against any and all third party claims, demands, liabilities, costs or expenses whatsoever, including attorney's fees, arising from or related to any breach by you of any of the Terms and Conditions or applicable laws, or in any other way arising out of your use of the Website, the Community or any content contained therein including but not limited to your improper use of the Website.

 

L. MISCELLANEOUS TERMS

1. Participant agrees to not abuse the Community by conduct which is detrimental, according to Forsta, to our interests in a manner that is in breach of or inconsistent with these Terms and Conditions. Without limiting the foregoing, you may not: (a) activate or use more than one account; (b) present false or misleading information to Forsta; or (c) assist another individual or entity in conducting fraudulent, abusive, manipulative or illegal activity.
2. Participant is responsible for ensuring that any material Participant provides on the Website/Services or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
3. Any responses or material Participant provides on the Website/Services becomes the property of Forsta and Forsta is free to use such information, including ideas, photographs, text and video, in any way we see fit, including for commercial purposes without any further consent from you and you agree to cooperate with us, including signing any supporting documentation we reasonably require, confirming our unqualified ownership therein, including copyright ownership and your waiver of any applicable moral rights.
4. All communications (excluding personal information) and content submitted or transmitted by Participant, shall be treated as non-confidential and non-proprietary information.
5. Participant grants Forsta and other users of the Website / Community/ Services (such as Forsta’s clients) a non-exclusive license to use, store and copy Participant’s content and to distribute and make it available all Participants communications and content to third parties.
6. Participant agrees that any such communications and content on the Website/Services may be used by Forsta for any reason.
7. Content of the surveys and information provided to you is proprietary and should not be published, copied or reproduced in whole or in part without our prior written consent. From time to time, on our Website / Services or in the Community, we may provide you with information that is confidential or not known to the general public. Such information will be considered confidential and you will be asked not to share or use the information in any way other than as set out for Community purposes. Breach of this obligation, may result in termination, and you may be liable for monetary damage to Forsta or any of our clients caused as a result of your breach.
8. Forsta does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website/Services. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Forsta. Participant agrees that Forsta is not responsible, and shall have no liability to you, with respect to any information or materials posted by Participant or others.
9. A waiver by Forsta of any breach by Participant of any of the provisions of these Terms and Conditions or our acquiescence to any act (whether by commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver such provision or of any subsequent act contrary thereto.
10. Forsta’s failure to exercise or enforce any right or provision of these Terms and Conditions will not be deemed to be a waiver of such right or provision. 

 

M. CHANGES

FORSTA RESERVES THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY ANY PART OF THESE TERMS AND CONDITIONS, AT ANY TIME BY CHANGING THESE TERMS AND CONDITIONS OR RELATED INFORMATION ON OUR WEBSITE FOR ANY REASON AND WITHOUT NOTICE. Participants continued use of the Website/Services/Community after such changes is deemed to be your acceptance of such changes. It is Participants sole responsibility check the Terms and Conditions regularly.

 

N. DATA PROTECTION NOTICE: 

Participant’s personal information is protected by the Forsta’s privacy code.

US Privacy Policy

UK Privacy Policy

France Privacy Policy

Germany Privacy Policy

Brazil Privacy Policy

Mexico Privacy Policy

 

O. GOVERNING LAWS / VENUE

This agreement is subject to the laws of the State of New York for members residing in the United States.

 

P. DISPUTES

1. Any controversy, claim, dispute, or class-action will be settled by binding arbitration before a single arbitrator with experience in this industry. The arbitration will be conducted under the Commercial Arbitration Rules of the AAA. The decision and the award of the arbitrator will be final and binding. The arbitrator shall enforce the terms herein and shall have no authority to award punitive damages, non-compensatory and no other damages other than direct damages. The arbitration, proceeding and outcome will be treated as confidential and will not be disclosed.
2. The arbitrator will award cost associated with the arbitration to the prevailing party. Each party is responsible for their attorney fees.

 

Q. PUBLICITY

Participant agrees that they will not use Forsta’s or the Community’s name, trademark, logo or any other identifiable criteria, in any media release, public announcement or disclosure, and/or any social private or public platform.