Terms and Conditions.

General Terms and Conditions of Streem

The terms and conditions set out below apply to your use of Streem (whether accessed by Desktop, Tablet, Mobile or Email Report). Streem provides Print, Online, Television, Radio and Social media monitoring and insights services. Your access and/or use of Streem constitutes your consent to these terms and conditions. If you disagree with any of the items that form the Terms of Service you must not use Streem.

Your use of Streem includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into through, using or in relation to, Streem, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. We may change the terms and conditions from time to time. The revised terms and conditions will take immediate effect from the time of posting, and your continued use of Streem constitutes your acceptance of any such changes. If the revised terms and conditions are unacceptable to you, you must cease using Streem. Additional terms and conditions may apply to specific areas or features of Streem, and you hereby agree to abide by such additional terms and conditions.

Acceptable use of Streem

Access and use of Streem is intended solely for internal research purposes only for use by the individual or entity named in Account Settings, the Confirmation of Service and/or Service Level Agreement (SLA). Your use of Streem is at your own risk. In using Streem you must not:

• violate any applicable laws;
• impersonate any person;
• post any material or content that, infringes the intellectual property rights of any third party; you do not have the right to post; is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity; or contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email; distribute viruses, malware, spyware, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
• collect or store personal data about other users of Streem;
• engage in any other conduct that inhibits any other person from using Streem;
• conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Streem;
• share your Account login/credential to any other person, regardless of their employment, contract or engagement with the organisation named in Account Settings, the Conformation of Service or Service Level Agreement (SLA);

You may not use any device, software or routine intended to damage or interfere with the proper working of Streem, or to surreptitiously intercept or sequester any system, data, images or other multimedia elements or personal information from Streem, and you may not take any action which imposes any unreasonable or disproportionately large load on our infrastructure.

Termination

We have the right to terminate your use of Streem should you breach these terms and conditions or the terms of your Confirmation of Service or Service Level Agreement (SLA). Following any such termination, we shall have no further obligations, responsibilities or liabilities to you.

Indemnification

You agree to indemnify, defend and hold harmless Streem (Streem Pty Ltd) and its respective officers, employees, agents, contractors, licensors and suppliers, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including legal fees on a lawyer-client basis), resulting from your use of Streem, or your breach of any provision of the terms and conditions herein.

Warranty

Streem is provided “as is” according to the features displayed within the Desktop, Tablet and Mobile platform and as received by Email. Streem will make reasonable efforts to ensure the proper functioning of our platform according to the features. However Streem does not warrant Streem will be constantly available and does not warrant the content is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use Streem at your risk and must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. Streem does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that Streem or the servers that operate or host any part of Streem are free of viruses or other harmful components. Streem assumes no liability or responsibility for any:

• errors, mistakes, or inaccuracies of content;
• unauthorised access to or use of Streem servers and/or any and all Personal information and/or Product use information;
• interruption or cessation of transmission to or from Streem;
• bugs, viruses, trojan horses, or the like which may be transmitted to or through Streem, and/or;
• errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via Streem;

Limitation of liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Streem and its related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

• the re-supply of services or payment of the cost of re-supply of services; or
• the replacement or repair of goods or payment of the cost of replacement or repair.

Streem and its respective officers, employees, agents, contractors, licensors and suppliers, will not otherwise be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings, reputational damage, or any other similar or analogous loss or damage arising out of or relating to your access to, or use of, or inability to use, Streem or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage. Without limiting the above, in no event shall Streem or its related bodies corporate or their respective officers, employees, agents, contractors, licensors or suppliers, be liable to you for any loss or damage whatsoever resulting from any:

• errors, mistakes, or inaccuracies of content
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Streem
• unauthorised access to or use of our servers and/or any and all Personal information and or Product use information
• interruption or cessation of service or transmission to or from Streem
• bugs, viruses, trojan horses, malware, spyware, or the like, which may be transmitted to, from or through Streem
• errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content transmitted, posted, emailed, or otherwise made available via Streem, whether based on warranty, contract, tort, or any other legal theory.

Disclaimer

Content The content displayed in Streem is from third party content providers, in addition to proprietary analysis and summarisation produced by Streem. Streem makes ever effort to ensure third party content has been obtained from reliable sources. However Streem is not responsible for any errors or omissions contained within the content, or for the results obtained from the use of the content. It is your responsibility to verify any of the content before relying on it. In addition, the content is provided on the understanding that the authors and publishers do not hold themselves out as providing legal, accounting, tax, or other professional advice and services. Significant amounts of content on Streem is licensed content provided by third party content producers and is licensed for your use. Use of Streem does not grant you the use of content in an unlimited fashion and the use of content is on the basis of the terms and conditions set out by the Copyright Agency Limited at https://www.copyright.com.au/licences-permission/media-monitoring/information-mmo-customers/ Language warning Streem may contain or link to offensive content. Streem does not endorse the views, opinions or statements contained in the linked or third-party displayed content. Streem is not responsible for the availability, performance, accessibility or content of sites to which the platform links.

Privacy Policy

Dispute

Should any dispute arise between these general terms and conditions and the conditions outlined in a customer’s Service Level Agreement (SLA), the SLA shall prevail.

Copyright notice

All content is provided for internal research purposes only and may not be further copied, distributed, sold or published in any form for any purpose without prior consent of Streem or the copyright owner. Your Account login/sign-in credential may not be shared or provided to any other person and/or entity that are not named in Streem under Account Settings. Any sharing or provision of your sign-in credential to a person and/or entity not named under Account Settings may result in the suspension or termination of your account without refund. All Logos and Trademarks displayed in Streem are the legal property of Streem Pty Ltd or their respective owners.