TERMS OF SERVICE – Content Creators
These Terms of Service regulate the use of Joymo “the Service”. By using Joymo you accept to be bound by these Terms of Service. If you do not agree to these Terms of Service, you must stop using the service.
Terms of Service – Content Creators, last updated September 2022.
1. The Service
Joymo is a platform where content creators within the field of sport may connect and reach out to its audience. Joymo is owned by Joymo AS “Joymo”, a limited liability company registered under the laws of Norway with reg. no. 916 959 311, company address Gaustadalléen 21, 0349 Oslo, Norway.
Joymo is a content management platform. It is connected to a recording device or system that is able to deliver content to Joymo “Customer Camera”, and the Joymo Software Solution which enables content creators to capture and upload content to the platform, and to utilize that content using Joymo’s product offering at any given time.
Joymo allows content creators to create value on their content, for example by selling access to the content to an audience via the Service.
“The Service” is the Joymo platform and various Joymo Software Solutions.
“The Content Creator” is the natural person or legal entity which rightfully creates content that is streamed through or uploaded to the Service. This may be, but is not limited to, sports organisations or individual athletes.
"The Administrator" is a natural person appointed by the Content Creator to act on its behalf in order to control for example (but not limited to) streaming, recording features, and sharing, and the management of access rights. The Administrator may create user profiles with delegated authority and access and privilege levels based on the Content Creators purchase of the Service.
“The Audience” is understood to be someone who gets access to content through the Service.
“Customer Camera” is understood to be recording equipment provided by the The Content Creator.
2. Rights and obligations of the Content Creator
2.1 Access to and use of the Service
The Content Creator has the right to use the Service provided that an ongoing (subscription) agreement is entered into and there are not any outstanding payments. The Content Creator is granted a limited, revocable, non-exclusive, and non-transferable right to use the Service in accordance with these Terms of Service.
The Content Creator is responsible for authorizing access to the service to its Administrators and to the different user profiles based on the Joymo products The Content Creator has access to. However, The Content Creator also accepts that Joymo may do this on The Content Creators behalf, and that The Content Creator is ultimately responsible.
The Content Creator may be responsible for creating content to any applicable standards as set out by Joymo. This includes both video and audio, such as, e.g., commentary while streaming.
The Content Creator is responsible for ensuring that the Administrators and other user profiles it authorizes on its behalf, share content through Joymo which they have all rights to share. Content Creators are responsible for enduring all rights to their stream or uploaded content, including but not limited to market right to sport, intellectual property rights and GDPR.
The Content Creator accepts that feedback may be given by The Audience.
The Administrators and other users access authorized by the Content Creator ceases upon the termination of the Content Creators subscription.
2.2 Intellectual property rights
The Content Creator guarantees to own, or have the necessary permissions to, all intellectual property rights, including copyright to the content distributed through the Service. The Content Creator is responsible for any third-party rights, including but not limited to music rights, and the clearance of such in his content.
The Content Creator must be fully aware and assume responsibility of any rights it does not own related to its content. The Content Creator is responsible for not distributing Content which the Content Creator does not have the rights to through the Service.
Alleged infringing or otherwise illegal content may be removed by Joymo without notice to Content Creator, and without any duty for Joymo to cover any damages to the Content Creator.
2.3 Commercial Rights
The Content Creator warrants that he has the necessary rights and permissions to capture the content, the rights, and necessary permissions to commercialize the content when he so chooses, and the right and necessary permissions to distribute content though the Service.
2.4 The Content Creators revenue
The Content Creator may be entitled to profits generated from Audience watching the content via the Service. Profits are calculated as net revenue minus Joymo’s administration costs related to payment, VAT, production, and consumption data costs. Transaction fees outside of Joymo control, and currency fluctuations may have an impact on the profits that are paid to the Content Creator. If The Content Creator does not provide Joymo with the necessary payment details within reasonable time, The Content Creator waives any right to such payments from Joymo, and cannot later make a claim.
2.5 Responsibility for security
The Content Creator, including the Administrator and/or other users who have been authorized to act on theirbehalf, is responsible for protection against unauthorised access to the Service. Where access to Services requires personal codes, including passwords or PINs, the Content Creator shall change pre-set codes to personal codes as soon as use the Service commences. Codes should be securely stored, so that unauthorised persons cannot access them. The Content Creator is responsible for all use of the Services. This also means that the Content Creator is responsible for any misuse of the Service by those he authorizes access to, including any use of the Service by persons other than the User. In the event of suspected unauthorised access to the Service, the Content Creator shall immediately inform Joymo. If necessary, Joymo may temporarily suspend the Administrator or other authorized user accounts access to the Services.
While the Service is suspended, any fixed fees will be invoiced as usual, and the Content Creator and/or its Administrator will be charged the applicable reopening fee when access is granted again.
2.6 Technical requirements
Successful usage of the Service needs to follow the technical requirements set by Joymo. The Content Creator is responsible for following those, and all costs associated with compliance. Failure to follow the technical requirements which again leads to disruption of the Service for The Audience may incur a deduction of the Content Creators share of profits. Joymo may change the technical requirements without prior notice. The Content Creator needs to make sure that Customer Camera is compliant to the current technical requirements.
3. Right of cancellation
The Service is considered a digital content service where the right of cancellation is lost as soon as use of the Service commences.
4. Joymo’s rights and obligations
4.1 Deliver the Service
The Service is offered “as is” and is a standardised service available to anyone who has a valid and paid subscription. However, the Service shall meet the general requirements for this type of service in terms of quality and availability. A subscription grants the right to use the Service as it exists at all times, and the Content Creators use is not limited to a specific version or functionality.
Joymo assumes no responsibility for assuring that the Service is suitable for the Content Creator’s specific purpose(s) for using the Service. Joymo assumes no responsibility for assuring that the Customer Camera is suitable for the Content Creator’s specific purpose(s) for using the Service. Joymo reserves the right to make improvements, additions, or changes, or to remove functionality. However, Joymo cannot remove functionality that, in Joymo's view, must be considered part of the Service’s core features. Joymo reserve the right to remove any content from The Service if and when Joymo decides, without any form of compensation for The Content Creator.
The Content Creator understands that the Service will not always be available or without errors, and that improvements to the Service are ongoing. The Content Creator also understands that successful use of the Service depends on equipment and parties for whom the Content Creator is responsible (such as satisfactory internet access and the Customer Camera) or that/whom Joymo does not vouch for. Joymo is not responsible for any errors or interruptions in the use of the Service resulting from errors in third party’s or Content Creator’s circumstances that are necessary for the use of the Service, including, but not limited to, Customer Camera, internet connection errors, browsers, operating systems, or other third-party software. Third-party software or operating systems may affect the use of the Service, and Joymo is not liable for such factors. However, Joymo will, to the best of its ability, facilitate and develop the Service based on software or hardware updates etc. supported by Joymo in accordance with the technical requirements identified in the above.
Claims for price discounts must be made by the Content Creator no later than 14 days after the Content Creator sent notice of the error by email to firstname.lastname@example.org.
Planned downtime is not considered an error and does not warrant price reductions or other remedies for breach of contract. 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 of scheduled downtime no later than 7 days in advance. Notice is given in the Service. Downtime may last up to 24 hours.
Availability guarantee is subject to Force Majeure. Force Majeure is defined as conditions outside the parties' control that make it impossible or unreasonably difficult/costly for the parties to fulfil their obligations. In accordance with general contract law, Joymo will be exempt from the duty of delivery in such cases, meaning that it will not be liable for damages caused by lack of delivery.
4.2 Commercial rights and Intellectual property rights
The Content Creator grants Joymo a worldwide royalty free licence for use of the Content. This also applies after termination of this Agreement.
The Content Creator grants Joymo a worldwide royalty free licence to use short clips chosen at Joymo’s own discretion for Joymo marketing in and outside the Service. The content created on the Joymo platform can be extracted in forms of game highlights and short clips to be used for Joymo website and Joymo social media.
Joymo has no responsibility for clearing the content with regards to market rights or intellectual property rights. Joymo is not responsible for the clearance of any party rights, including but not limited to music rights.
In the event of any third-party claims to Joymo regarding alleged infringement of market rights to sports or intellectual property rights, Joymo has the right to remove the alleged infringing content from the Joymo platform without further notice to the Content Creator.
Joymo has the right to display marketing of its own products and services as well as third party products and services in all services Joymo offers in relation to the Service, unless Joymo has waived this right, in whole or in part, in a written agreement with the Content Creator.
The Content Creator shall not use the Service in a manner that is contrary to law, infringes on anyone's rights, or damages or affects the Service. The Content Creator shall notify Joymo immediately in the event of unauthorised disclosure/use of the Content Creator’s login details. Joymo is not responsible for any loss the Content Creator incurs because of unauthorised use of the Content Creator 's or its authorized Administrator or other user accounts' login details. However, the Content Creator and/or Administrator may be liable to Joymo for any loss incurred by Joymo due to third parties' unauthorised use of the Content Creator's or its authorized Administrator or other user accounts' login details.
Joymo has no obligation to, and does not, monitor the Content Creator 's or its authorized Administrator or other user accounts' use of the Service to ensure compliance with the Terms of Service or other applicable law. However, Joymo may modify and delete information and data, in whole or in part, in the case of reasonable suspicion of breach of the Terms of Service or other laws and regulations.
The Content Creator is fully responsible for ensuring that the data may be legally uploaded to the Service and be shared, if applicable, that the data is lawful, and that the data do not violate third party rights, such as privacy, publishing rights, copyright, contractual rights, intellectual property rights or other rights.
The Content Creator are obliged to indemnify Joymo for claims made by third parties arising from or being alleged due to the Content Creator 's use of the Service in violation of the Terms of Service.
6. Personal data
Joymo processes personal data provided or uploaded to the Service by the Content Creator to the extent necessary to fulfil Joymo’s obligation to deliver the Service.
Joymo is the data controller for personal data provided by the Content Creator in connection with the establishment of the Terms of Service but is not considered the data controller for the data the Customer uploads to the Service. The Content Creator is the data controller for any personal data uploaded to the Service. The Content Creator and Joymo has entered into a Data Processing Agreement for Joymo’s role as a data processor for this data.
The Content Creator is responsible for complying with the General Data Protection Regulation (GDPR), including the obligation to obtain legal ground for processing personal data.
7. Termination of Service and effects of termination
The Service, including individual products within the Service, is renewed automatically if it is not terminated no later than one month before the expiration date. Payments already made will not be refunded.
The Content Creator may otherwise terminate the Service upon three months' notice. If the Content Creator attempts to terminate the Service during a lock-in period, a breach fee will apply. This also applies if Joymo rescinds the agreement for the Service due to Content Creator’s breach.
Upon termination of the Service, the Content Creator and its authorized users no longer have access to Service contents, and all data uploaded to the Service may be deleted. Joymo will retain the data contained in the Service for 10 days after termination of the of the Subscription Agreement. Thereafter, and no later than 30 days after such termination, Joymo will irreversibly delete all data uploaded by the Content Creator to the Service.
Joymo may rescind the agreement with immediate effect in case of material breach by the Content Creator. Material breach is defined as, without limitation: (i) use of the Service in connection with criminal or unlawful conduct, (ii) that the Content Creator’s use the Service in a manner that could result in Joymo’s or third parties’ loss or risk of loss, or (iii) non-payment lasting more than 20 days, provided that Joymo has provided at least one payment reminder (which may be sent by email).
In the event of non-payment by the Content Creator, including the failure of an automatic payment withdrawal, Joymo may suspend the Content Creators access to the Service provided that payment is more than 5 days late.
9. Limitation of liability
Joymo is only responsible for direct losses related to breach and is not liable for indirect losses unless there is gross negligence or intent. Indirect losses are defined as loss of revenue, reputation or data, and other losses which are considered indirect losses under Norwegian law.
In any event, Joymo's total liability under the Terms of Service is limited to an amount equal to what the Content Creator has paid annually for use of the Service.
10. Price and payment terms
The order process will show the cost of the Service, determined by the content distribution alternatives the Content Creator and/or Administrator select(s).
Joymo may change the prices on executed contracts upon 30 days' notice. Notice is considered given when prices are updated in the Service. Once an order is received, a confirmation of agreement entry will be sent to the Content Creator and/or Administrator’s email address(es).
All notices that are subject to the Terms of Service may be sent to the other party by email. Notices addressed to Joymo shall be sent to email@example.com. Notices addressed to the User shall be sent to the email address provided at the time of registration.
12. Complaints and disputes
If the Content Creator, the Administrator or any other user authorize by the Content Creator has/have questions relating to the Service or the Terms of Service or wish(es) to make a complaint Joymo may be contacted by email at firstname.lastname@example.org.
The Terms of Service shall be interpreted in accordance with, and governed by, Norwegian law. Oslo District Court is the legal venue in the event of any disputes.