Last updated on 23 January 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
What's in these terms?
These terms tell you the rules for using our platform (the “Platform”).
Click on the links below to go straight to more information on each area:
- The Platform
- Who We are and how to contact Us
- By using the Platform you accept these terms
- Age requirements
- There are other terms that may apply to you
- We may make changes to these terms
- We may make changes to the Platform
- We may suspend or withdraw the Platform
- We are not responsible for delays outside Our control
- We may transfer this agreement to someone else
- Access to Platform and Content for End-Users and Content Creators
- End Users
- Content Creators
- Billing and termination
- If you are a consumer, you have a legal right to change your mind
- Payment method
- You must keep your account details safe
- How you may use material on the Platform
- Do not rely on information on the Platform
- We are not responsible for websites We link to
- User-generated content is not approved by Us
- How to complain about content uploaded by other users
- Our responsibility for loss or damage suffered by you
- How We may use your personal information
- Uploading content to the Platform
- Rights you are giving Us to use material you upload
- We are not responsible for viruses and you must not introduce them
- Rules about linking to the Platform
- Which country's laws apply to any disputes?
- Our trade marks are registered
The Platform is a content management platform where content creators within the field of sport (“Content Creator(s)”) may connect with their audience by uploading content (“Content”) to the Platform for users (“End-Users”) to view.
The Platform can be connected to the Content Creator’s recording device or system to allow the Content Creator to deliver Content to the Platform, and to utilise that Content using Joymo’s product offering at any given time.
The Platform allows Content Creators to create value, for example by selling access to the Content to End-Users via the Platform.
Who We are and how to contact Us
The Platform is operated by Joymo AS ("We", “Us” or “Our”). Joymo AS is registered in Norway under company number 916 959 311 and have its registered office at Nedre Slottsgate 2c, 0153 Oslo, Norway. We are a limited company.
To contact Us, please email firstname.lastname@example.org.
By using the Platform you accept these terms
If you do not agree to theseterms, you must not use the Platform.
We recommend that you printa copy of these terms for future reference.
You may use the Platform ifyou are at least 13 years old. However, children of all ages may use the Platformif enabled by a parent or legal guardian.
If you are under 18, youmust have your parent or legal guardian’s permission to use the Platform.Please have them read these terms with you.
If you are a parent or legalguardian of a user under the age of 18, by allowing your child to use the Platform,you are subject to these terms and responsible for your child’s activityon the Platform.
There are other terms that may apply to you
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Platform. When using the Platform, you must comply with this Acceptable Use Policy.
We may make changes to these terms
We amend these terms fromtime to time. Every time you wish to use the Platform, please check these termsto ensure you understand the terms that apply at that time.
We may make changes to the Platform
We may update and change thePlatform from time to time to reflect changes to the service, Our users' needsand Our business priorities.
We may suspend or withdraw the Platform
We do not guarantee that the Platform, or any content (including the Content) on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Whilst this Platform is offered “as is” (as it is a standardised service available to anyone who has a valid and paid Subscription or has elected to PPV), We provide the Platform with reasonable care and skill.
We assume no responsibility for assuring that the Platform is suitable for the Content Creator’s specific purpose(s), nor for the suitability of the Content Creator’s camera.
We are not responsible for any errors or interruptions in the use of Platform resulting from acts or omissions by a third party or a Content Creator, including, but not limited to, the Content Creator’s camera, internet connection errors, browsers, operating systems, or other third-party software.
Third-party software or operating systems may affect the use of the Platform, and We are not liable for such factors. However, We will use Our reasonable endeavours to facilitate and develop the Platform based on software and hardware updates in accordance with Our technical requirements.
Downtime may be required to update or maintain hardware or software and may take place up to 10 times each calendar year. The Content Creator shall receive notice (to be published on the Platform) of scheduled downtime no later than 7 days in advance. Downtime may last up to 24 hours.
We are not responsible for delays outside Our control
If Our supply of any products or services is delayed by an event outside of Our control, We will contact you as soon as possible to let you know and do what We can to reduce the delay. As long as We do this, We won't compensate you for the delay, but if the delay is likely to be substantial you can contact Us at to end the contract and receive a refund for any products/services you have paid for in advance, but not received.
We may transfer this agreement to someone else
We may transfer Our rightsand obligations under these terms to another organisation. We will always tellyou in writing if this happens and We will ensure that the transfer will notaffect your rights under the contract.
Access to Platform and Content for End-Users and Content Creators
To use the Platform, you must have internet and web browser access and, to ensure successful use of the Platform, you must follow the technical requirements set by Us.
End-Users and Content Creators:
- are required to create an account with the Platform.
- are required to reside in the territory in which they register for the Platform.
- agree to comply with all applicable laws in accessing the Platform.
- agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these terms) content (including the Content) and information contained on or obtained from or through the Platform.
To use the Platform, End-Users must provide Us with one or more payment method.
End-Users may choose to subscribe (“Subscription”) or to pay-per-view (“PPV”), to view Content via the Platform.
If an End-User elects for a Subscription, such Subscription will continue until terminated (as detailed in the Billing and termination section below).
The Content Creator shall be responsible for its own costs in meeting the requirements and applicable standards of the Platform with respect to the Content from time to time (for example, without limitation, both video and audio, such as commentary while streaming). In particular, the Content Creator needs to make sure that the camera that the Content Creator uses is compliant with the Platform’s current technical requirements from time to time.
The Content Creator is responsible for authorising access to the Platform to natural persons appointed by the Content Creator to act on its behalf (”Administrators”) in order to control for example (but not limited to) streaming, recording features, sharing of Content, management of access rights and different user profiles. The Content Creator accepts and acknowledges that it shall be responsible for the acts and omissions of its Administrators and We shall have no liability where We are required to perform any administrative tasks on the Content Creator’s behalf where necessary.
The Content Creator is responsible for ensuring that the Administrators, and other user profiles it authorises on its behalf, only share Content via the Platform that they have the rights to share (including, without limitation, intellectual property and data related rights).
The Content Creator accepts that feedback may be provided by End-Users.
Billing and termination
Each Subscription, including individual products included within the Subscription, shall continue for the duration of the specific Subscription (as detailed at the time that the Subscription is purchased by the End-User) and is renewed automatically at the end of such term if it is not terminated no later than one month before the expiration date.
You can cancel your Subscription at any time prior to such date, and you will continue to have access to the Platform through to the end of your billing period. Payments already made will not be refunded.
The order process will show the cost of each product to each End-User, determined by the Content distribution alternatives the Content Creator and/or Administrator select(s). Once an order is received and accepted by Us, a confirmation of such order will be sent to your email address(es).
Upon termination of the agreement between you and Us, you will no longer have access to the Platform.
If you are a consumer, you have a legal right to change your mind
Your legal right to change your mind. For most of Our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
You can't change your mind about an order for:
- digital products (for example, the Content), after you have started to download or stream these; or
- services, once these have been completed.
If you change your mind you must let Us know no later than 14 days after:
- the day We confirm We have accepted your order, if it is for a service.
- the day We confirm We have accepted your order, if it is for digital content for download or streaming (for example, the Content), although you can't change your mind about digital content once We have started providing it.
To use the Service as an End-User, you must provide one or more payment methods detailed at the time of purchase. You authorise Us to send instructions to the financial institution that issued your card to take payments from your card account in accordance with these terms.
Depending on the product(s) you purchase, it may be a one-time payment (e.g. PPV), and/or a recurring (typically monthly or yearly) payment (e.g. payment for a Subscription). You give Us the necessary permissions to collect the required payments on the purchases you make. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, We may suspend your access to the Platform until We have successfully received such payment(s).
You must keep your account details safe
End-Users and Content Creators (including each Administrator and/or other users who have been authorised to act on the Content Creator’s behalf), are responsible for protection against unauthorised access to the Platform.
Where access to Services requires personal codes, including passwords or PINs, you shall change pre-set codes to personal codes as soon as you obtain access to the Platform. Codes should be securely stored, so that unauthorised persons cannot access them.
You are responsible for all use of the Platform via your account and for any misuse of the Platform by those to whom you authorise access. In the event of suspected unauthorised access to the Platform, you shall immediately inform Us and, if necessary, We may temporarily suspend the access to the Platform. While access to the Platform is suspended, any fixed fees will be invoiced as usual.
To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password or details of the payment method associated with the account to anyone.
You are responsible for updating and maintaining the accuracy of the information you provide to Us relating to your account. We can terminate your account or place your account on hold in order to protect you or Us from identity theft or other fraudulent activity.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify Us at email@example.com.
How you may use material on the Platform
We are the owner or thelicensee of all intellectual property rights in the Platform, and in thematerial published on it. Those works are protected by copyright laws andtreaties around the world. All such rights are reserved.
You must not use any part ofthe content on the Platform for commercial purposes without obtaining a licenceto do so from Us or Our licensors.
Do not rely on information on the Platform
The content on the Platformis provided for general information only. It is not intended to amount toadvice on which you should rely. You must obtain professional or specialistadvice before taking, or refraining from, any action on the basis of thecontent on the Platform.
Although We make reasonableefforts to update the information on the Platform, We make no representations,warranties or guarantees, whether express or implied, that the content on the Platformis accurate, complete or up to date.
Where the Platform containslinks to other sites and resources provided by third parties, these links areprovided for your information only. Such links should not be interpreted asapproval by Us of those linked websites or information you may obtain fromthem.
We have no control over thecontents of those sites or resources.
User-generated content is not approved by Us
The Platform may include information and materials (including the Content) uploaded by other users of the Platform (including Content Creators and End-Users), such as to bulletin boards and chat rooms. This information and these materials have not been verified or approved by Us. The views expressed by other users on the Platform do not represent Our views or values.
With respect specifically to the Content, We are not responsible for the amount and quality of the Content and We do not control which Content is available through the Platform. This is controlled by the Content Creators. The Platform is offered “as is” and is a standardised service available to End-Users. This includes, without limitation, graphics, audio and commentary, images and or/banners being streamed. In the event of non-delivery by the Content Creator, We are not responsible.
How to complain about content uploaded by other users
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to the Platform or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Platform; or
- use of or reliance on any content displayed on the Platform.
- In particular, We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that We only provide the Platform for domestic and private use. You agree not to use the Platform for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by Our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following Our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
How We may use your personal information
Uploading content to the Platform
Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other users of the Platform, you must comply with the content standards set out in Our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to Us and indemnify Us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.
Any content you upload to the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to Us are described in Rights you are giving Us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on, or materials or content (including the Content) you provide to, the Platform if, in Our opinion, such material or content: (1) does not comply with the content standards set out in Our Acceptable Use Policy (2) is in breach of these terms; or (3) may cause harm to Joymo, our users, or third parties, We reserve the right to remove or take down some or all of such material or content. Such removal will be without any form of compensation..
Rights you are giving Us to use material you upload
When you upload or post content (including the Content) to the Platform, you grant Us the following rights to use that content:
- a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Platform and across different media including to promote Us, Our products and Services, the Platform and third party products and services (including clips of the Content chosen by Us for marketing in and outside the Platform); and
- a perpetual, worldwide, non-exclusive, royalty-free, transferable licence for other users (including End-Users), partners or advertisers to use the content for their purposes.
You grant to Us the right to monetise your Content on the Platform (and such monetisation may include displaying ads on or within Content or charging End-Users a fee for access). These terms do not entitle you to any payments. Starting
The Content Creator represents, warrants and undertakes to Us that:
- it has full authority to enter into this agreement and is not bound by any agreement with any third party that adversely affects this agreement; and
- it will maintain throughout the duration of this agreement, all necessary powers, authority and consents to enter into and fully perform its obligations under this agreement.
- it owns or is solely entitled to use the Content and any other material supplied to Us in relation to this agreement (including, without limitation, distribution of the Content via the Platform and commercialisation of the Content by Us);
- Our use of the Content in accordance with this agreement will not infringe the rights of any third party (including, without limitation, intellectual property rights and data related rights).
The Content Creator is solely responsible for the clearance any third-party rights, including but not limited to moral rights and those relating to any music.
The Content Creator shall indemnify Us for claims made by third parties arising from or being alleged due to the Content Creator 's use of the Platform in violation of these terms.
We are not responsible for viruses and you must not introduce them
We do not guarantee that thePlatform will be secure or free from bugs or viruses.
You are responsible forconfiguring your information technology, computer programmes and platform toaccess the Platform. You should use your own virus protection software.
You must not misuse the Platformby knowingly introducing viruses, trojans, worms, logic bombs or other materialthat is malicious or technologically harmful. You must not attempt to gain unauthorisedaccess to the Platform, the server on which the Platform is stored or anyserver, computer or database connected to the Platform. You must not attack thePlatform via a denial-of-service attack or a distributed denial-of serviceattack. By breaching this provision, you would commit a criminal offence underthe Computer Misuse Act 1990. We will report any such breach to the relevantlaw enforcement authorities and We will co-operate with those authorities bydisclosing your identity to them. In the event of such a breach, your right touse the Platform will cease immediately.
You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link to the Platform in any website that is not owned by you.
The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in Our Acceptable Use Policy.
If you wish to link to or make any use of content on the Platform other than that set out above, please contact firstname.lastname@example.org.
Which country's laws apply to any disputes?
Our trade marks are registered
The Joymo name and logos are registered trade marks of Joymo AS (or its affiliated companies). You are not permitted to use them without Our approval, unless they are part of material you are using as permitted under How you may use material on the Platform.