Terms of Use – All Users
Effective August 7, 2025
Introduction; Your Agreement to these Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and JoyJam Entertainment, Inc. (“JoyJam”, “we”, or “our”), together with any documents expressly incorporated by reference (collectively, “Terms of Use”) govern your access to and use of https://www.joyjam.com/, as well as any other media form, media channel, mobile website, mobile application, software application, or other product or service related, linked, or otherwise offered by JoyJam Entertainment, Inc. (collectively, the “Service”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Service. You agree that by accessing the Service, you have read, understood, agree, and accept to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY AND EXIT THE SERVICE.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Use of JoyJam by Minors and Blocked Persons
The Service is not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the JoyJam Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
If you are under the age of 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read these Terms of Use with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the Terms of Use and responsible for your child’s activity on the Service.
The Service is also not available to any users previously removed from the Service by JoyJam or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICE.
Welcome to JoyJam
JoyJam is a music discovery platform designed to empower music creators and elevate the fan experience. JoyJam bridges the gap between music creators and fans, providing a centralized space where talent can be showcased, promoted, and monetized, fostering an authentic and fair environment for musical expression and discovery. Fans can explore a diverse world of talents and music, connect directly with music creators, and support their creative journeys.
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
1. Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named JoyJam.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Georgia, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to JoyJam Entertainment, Inc., 222 Second Ave S, 17th Fl, Nashville, TN 37201.
Content refers to any material created on or uploaded to JoyJam by any User, including any content such as photos, videos, audio and/or audiovisual files, data, metadata, text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Creator refers to a user that has the ability to post Content, and charge for Content, for fans and other Users to consume.
Creator Subscriptions mean any Superfan Subscriptions and Pay-Per-View Subscriptions.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Goods refer to the items offered for sale on the Service.
In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms of Use and/or the Application Store's own terms and conditions.
Orders mean a request by You to purchase Goods from Us.
Pay-Per-View Content (PPV) mean content offered by Creators whereby Creators offer fans access to individual broadcasts or events, similar to ticket sales.
Platform refers to the Application.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You, together with any Creator Subscriptions and Pay-Per-View Content.
Superfan Subscriptions mean subscriptions offered by Creators whereby Creators offer exclusive content to fans through monthly subscription tiers at customizable pricing levels.
Terms of Use (also referred as "Terms") mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
User – any user of JoyJam, whether a Creator or a fan or both (also referred to as “you” or “your”).
You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Non-Compliance With the Terms of Use
In the event we reasonably believe that You breached the Terms of Use, we reserve the right at our own discretion and without the need for prior notice, to:
Temporarily suspend or disable Your account.
Close Your account indefinitely.
Delete any Content published on the Service temporarily or indefinitely, subject to compliance with applicable laws and provisions regarding the freedom of speech.
Terminate Your access to the Service and all rights and licenses granted in the Terms of Use.
Communicate to competent judicial, governmental, administrative authorities all Content accessible and available on the Service, at the request of the latter or in the event of legal proceedings initiated against JoyJam Entertainment, Inc.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of Your account on the Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with the Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify JoyJam immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Copyright Policy
1. Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@joyjam.com and include in Your notice a detailed description of the alleged infringement as described below.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
2. DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C.512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
You can contact our copyright agent via email at dmca@joyjam.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. Sec. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
JoyJam’s Responsibilities
At JoyJam, we strive to provide a reliable, user-friendly Platform for creators and fans. While we work to maintain a high-quality service, certain limitations and disclaimers apply. By using the Platform, you acknowledge and agree to the following:
1. Platform Availability and Maintenance
JoyJam will make reasonable efforts to ensure the Platform is available and operational at all times. However, we do not guarantee uninterrupted access or that the Platform will always be free from errors or downtime.
The Platform may be temporarily unavailable due to scheduled maintenance, updates, or unforeseen technical issues. In such cases, we will make reasonable efforts to notify users in advance.
2. Content Hosting and Moderation
JoyJam provides hosting services for creator content, including videos, live performances, and promotional materials. While we aim to provide a safe and fair Platform, we reserve the right to:
Moderate, review, or remove content that violates our Terms of Use, community guidelines, or applicable laws.
Suspend or terminate accounts that engage in prohibited activities or violate copyright laws.
We are not liable for the accuracy, quality, or legality of creator-generated content
3. Secure Payments and Earnings Distribution
JoyJam will facilitate secure payments for all financial transactions, including purchases of JamBucks, Superfan subscriptions, Pay-Per-View content, and tipping via JamBucks.
We will ensure that creators receive earnings from their activities on the Platform in accordance with the withdrawal process and applicable fees outlined in these Terms of Use.
JoyJam is not responsible for delays caused by third-party payment processors (e.g., Stripe, App Store, or Google Play).
4. Data Privacy and Security
JoyJam is committed to protecting your personal information and complying with applicable data protection laws. Please refer to our Privacy Policy for details on how we collect, use, and safeguard your data.
While we implement security measures to protect your data, we cannot guarantee complete security against unauthorized access, hacking, or data breaches.
5. Support and Communication
JoyJam will provide support to users through our designated help channels, including email and in-app support.
We will make reasonable efforts to respond to inquiries, resolve issues, and provide assistance in a timely manner.
6. Intellectual Property and Licensing
JoyJam ensures compliance with copyright laws and intellectual property rights by moderating content and acting upon valid DMCA takedown requests.
The Platform retains ownership of its software, design, trademarks, and metadata associated with creator content but does not claim ownership of the actual content created by Creators.
7. Disclaimer of Liability
JoyJam is not liable for:
User-generated content, including any violations of third-party rights.
Losses or damages resulting from the use of the Platform, including but not limited to data loss, account suspension, or earnings disputes.
Any indirect, incidental, or consequential damages resulting from your use of the Platform.
To the extent permitted by law, our total liability is limited to the fees you have paid to JoyJam within the last six (6) months.
8. Continuous Improvement
JoyJam is dedicated to improving the Platform by introducing new features, fixing bugs, and responding to user feedback.
We reserve the right to update, modify, or discontinue any feature or aspect of the Platform at our sole discretion, with or without prior notice.
By using JoyJam, you acknowledge that our responsibilities are limited as outlined above and that you agree to comply with our Terms of Use in full.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is owned and operated by JoyJam. Unless otherwise indicated, all content, information, and other materials on the Service (excluding Content provided by You or other users), including, without limitation, JoyJam’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of JoyJam or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by JoyJam, by agreeing to these Terms of Use you are granted a limited, non-sublicensable, and non-transferable license (i.e., a personal and limited right) to access and use the Service for your personal use or internal business use only.
JoyJam reserves all rights not expressly granted in these Terms of Use. This license is subject to these Terms of Use and does not permit you to engage in any of the following: (a) resale or commercial use of the Service or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the JoyJam Service or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Service, the Materials, or any information contained in them, except as expressly permitted on the Service; or (f) any use of the Service or the Materials except for their intended purposes. Any use of the Service or the Materials except as specifically authorized in these Terms of Use, without the prior written permission of JoyJam, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Use, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
In-app Purchases
The Application may include In-app Purchases that allow you to buy products,JamBucks, services, Subscriptions, or Pay-Per-View Content
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Digital Wallet
JoyJam provides each User with a Digital Wallet to facilitate seamless transactions, track earnings (for Creators), and manage JamBucks. By using the Digital Wallet, you agree to the following terms:
1. Digital Wallet Overview
Each user (both fans and Creators) is assigned a Digital Wallet upon account creation.
The Digital Wallet is used to:
Store purchased JamBucks (for fans and Creators).
Track JamBucks earned through tips (for Creators).
Monitor transaction history, including JamBuck purchases, spending, and payouts.
2. Purchasing JamBucks
Users can add JamBucks to their Digital Wallet by purchasing them through approved payment methods, such as credit cards or in-app purchases.
All purchases of JamBucks are final, non-refundable, and subject to the pricing policy outlined in these Terms of Use.
. Earnings Management (Creators)
Creators’ Digital Wallets reflect earnings from:
JamBuck tips received from fans.
Pay-Per-View or Subscription purchases.
Earnings will remain in the Digital Wallet until earnings are cashed-out through the My Bank feature.
JamBucks can only be used within the Platform and are non-refundable, non-transferable, and cannot be exchanged for real-world currency or value outside the platform.
Payouts to a Creator’s Stripe account are subject to minimum balance thresholds, Stripe fees, and any applicable Platform fees.
4. Transaction Fees
Certain transactions, such as JamBuck purchases or Creator earnings withdrawals to a Stripe account, may incur processing fees.
These fees will be clearly communicated to users at the time of the transaction.
5. Account Security
Users are responsible for maintaining the security of their Digital Wallet. Sharing account credentials or failing to protect account access may result in unauthorized transactions for which JoyJam is not liable.
In case of suspected fraudulent activity or unauthorized access, users must notify JoyJam immediately so appropriate action can be taken.
6. Transaction History
Users can view their transaction history in the Digital Wallet, which includes:
JamBuck purchases and tipping (fans).
Earnings, JamBucks tips, and Pay-Per-View income (Creators).
JoyJam retains transaction data for internal recordkeeping and compliance with applicable laws.
7. Restrictions and Forfeiture
JoyJam reserves the right to suspend or restrict access to a Digital Wallet if a user violates the Terms of Use or engages in prohibited activities.
Inactive accounts (no login or activity for 12 months) may result in forfeiture of unused JamBucks, as outlined in the JamBucks section of these Terms of Use.
8. Limitations and Liability
JoyJam is not responsible for delays in transactions caused by third-party payment processors, app store policies, or technical issues.
The Digital Wallet is designed for use exclusively within the JoyJam Platform, and balances cannot be transferred to other users or external platforms, except as outlined in the payout process for creators.
By using the Digital Wallet, you acknowledge and accept these terms and understand that JoyJam may update or modify the Digital Wallet’s features or policies at any time. For support with your Digital Wallet, contact us at support@joyjam.com.
JamBucks
Our Service features virtual in-app rewards called “JamBucks,” which fans can purchase for specific in-app only features. Users can purchase or may otherwise receive JamBucks as an “in-app purchase.” and can “tip” Creators with such JamBucksup to the number available in such User’s account or use JamBucks to purchase exclusive PPV content. Please consult your tax advisor or the IRS website for more information on how to declare your earnings. We are not responsible for your tax liability and do not withhold any amounts on your behalf.
By using JamBucks, you agree to the following terms:
1. Purchasing JamBucks
Fans can purchase JamBucks through their account using approved payment methods, including credit cards for in-app purchases.
JamBucks can only be used within the Platform and are non-refundable, non-transferable, and cannot be exchanged for real-world currency or value outside the Platform.
The Service reserves the right to set minimum purchase amounts and pricing tiers for JamBucks. The price of the JamBucks will be displayed at the point of purchase. All charges and payments for JamBucks will be made in the currency specified at the point of purchase through the relevant payment mechanism.
2. Uses of JamBucks
JamBucks are not a monetary instrument. JamBucks are digital content intended to be purchased and consumed on the Service, and do not serve as a currency.
JamBucks cannot be directly exchanged for items or services of value. Don’t engage in an exchange of JamBucks for items or services that typically are associated with a cost or value. Fans can gather to help a Creator achieve a goal that unlocks a benefit for the Creator.
JamBucks can be used for:
Pay-Per-View (PPV): Fans may use JamBucks to purchase access toindividual broadcasts or events.
Tipping: Fans can tip Creators on videos or live streams to show support.Creators can then use JamBucks within the Platform to unlock promotional opportunities within the Service to increase visibility for their Content.
JamBucks cannot be used for the purchase of Subscriptions. Subscriptions to Superfan content must be purchased directly through the in-app purchase system as governed by Apple or Google. JamBucks are digital content intended to be purchased and consumed on JoyJam, and do not serve as a currency.
Users are also prohibited from the following, as such actions will constitute a direct violation of these Terms of Use:
Don’t solicit JamBucks in exchange for money or donations, and don’t request money or donations for JamBucks.
Don’t provide items, or specific services, that are associated with a monetary value in exchange for JamBucks:
Don’t ask for items, or specific services, that are associated with a monetary value in exchange for JamBucks:
Requesting a specific pre-recorded song to be played in exchange for an amount of JamBucks.
Use JamBucks to engage in any fraudulent, criminal or other unauthorized activity, or soliciting or receiving JamBucks for any fraudulent, criminal or other unauthorized activity.
3. Fan and Creator JamBuck Accounts
Fans:
Each fan will have a JamBuck account to track purchased JamBucks and their usage.
Unused JamBucks will remain in the fan’s account until spent or forfeited as outlined in these Terms of Use.
Creator:
Creators will have a JamBucks account to track JamBucks tips.
amBucks paid by fans for access to Creator PPV content will be automatically converted into real-world currency at the current Platformexchange rate, less platform fees and payment processing charges. Conversion rates are subject to change at the Platform’s sole discretion.
4. Expiration and Forfeiture
JamBucks purchased by fans do not expire but may be forfeited under the following conditions:
Account inactivity for more than 12 months.
Violation of Platform policies resulting in account suspension or termination.
Forfeited JamBucks are non-refundable.
5. Refunds and Chargebacks
JamBuck purchases are final and non-refundable, except as required by applicable law.
In cases of fraudulent activity or chargebacks on JamBuck purchases, the Platform reserves the right to reclaim JamBucks or suspend the associated account.
6. Ownership and Platform Control
JamBucks are a licensed, virtual product and remain the property of the Platform. You do not own JamBucks; you are granted a limited, non-transferable license to use them in accordance with these Terms of Use.
The Platform reserves the right to modify, suspend, or discontinue the JamBuck system at any time, with or without notice.
By purchasing and using JamBucks, you acknowledge and agree to these Terms of Use. For any questions regarding JamBucks, please contact our support team at support@joyjam.com.
Fan Membership
1. Membership Period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic monthly basis depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
The Service’s current Subscription options and associated Service features are listed below. You agree and acknowledge that we may change the Subscription options, pricing, or related features at any time. We will make reasonable efforts to provide notice prior to any new Subscription terms taking effect.
Subscription Type Description
Cost
Fan Membership
Free
VIP Membership
Ad-Free Experience 2.99
2. Membership Cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
If the Subscription has been made through an Inapp Purchase, You can cancel the renewal of Your Subscription with the Application Store.
3. Membership Refunds
Except when required by law, paid Membership fees are nonrefundable.
Certain refund requests for Subscriptions may be considered by the Company on a casebycase basis and granted at the sole discretion of the Company.
If the Subscription has been made through an Inapp purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
4. Fees
Membership fee – this is the fee to get access to a user account based on your applicable Subscription.
5. Membership Fee Changes
The Company, in its sole discretion and at any time, may modify the Membership fees. Any Membership fee change will become effective at the end of the thencurrent Membership period.
The Company will provide You with reasonable prior notice of any change in Membership fees to give You an opportunity to terminate Your Membership before such change becomes effective.
Your continued use of the Service after the Membership fee change comes into effect constitutes Your agreement to pay the modified Membership fee amount.
6. Membership Billing
Membership is made through Inapp Purchases, therefore, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
7. Taxes
Sales tax is added to the base Membership fee based on your region’s requirements and handled in the Application Store.
8. Free Trial
The Company may, at its sole discretion, offer a Membership with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial. Billing information will be entered in the Application Store and not in the Platform.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Membership, You will be automatically charged the applicable Membership fees for the type of Membership You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms of use of the Free Trial offer, or (ii) cancel such Free Trial offer.
Communications
JoyJam offers communication tools, including Direct Messaging and Chat, to enhance interaction between users and foster community engagement. By using these features, you agree to the following terms:
1. Direct Messaging
Overview
The Direct Messaging feature allows users to communicate privately with one another
Messages exchanged through this feature are not monitored by JoyJam in real time, and the Platform does not take responsibility for the content of these messages.
Prohibited Conduct:
Users are prohibited from using Direct Messaging to engage in harassment, abuse, threats, hate speech, solicitation, or any activity that violates JoyJam’s community guidelines or applicable laws.
Platform Rights:
JoyJam reserves the right to:
Investigate reports of misuse of the Direct Messaging feature.
Block or delete accounts that abuse the Direct Messaging feature, at the company’s sole discretion.
Terminations or suspensions may occur without prior notice if misuse is confirmed.
Terminate Your access to the Service and all rights and licenses granted in the Terms of Use.
Communicate to competent judicial, governmental, administrative authorities all Content accessible and available on the Service, at the request of the latter or in the event of legal proceedings initiated against JoyJam Entertainment, Inc.
2. Chat
Overview:
The Chat feature allows users to communicate in public or semi-public spaces, such as during live events or in comment sections.
JoyJam does not take responsibility for the content of messages posted in Chats and does not actively monitor all communications in real time.
Prohibited Conduct:
Users must not use Chat to post content that is harassing, abusive, threatening, hateful, obscene, unlawful, defamatory, spam, or otherwise in violation of JoyJam’s community guidelines or applicable laws.
To the extent permitted by applicable law, JoyJam takes no responsibility and assumes no liability for any Content or for any loss or damage resulting therefrom, nor is JoyJam liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Service. Your use of the Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.JoyJam retains the right, at its sole discretion, to evaluate whether any Content is suitable and adheres to these Terms or Use, as well as to reject or remove such Content. We are not liable for any statements or representations made by You in your Content in any area on the Service. You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content.
In summary, You are solely responsible for all activity and Content you provided in any area on Your account on the Service. If You violate theJoyJam’s Terms of Use or policies, then we may terminate Your account. These Terms of Use and our policies cover most issues, but, if You find a new and creative way to harm JoyJam Entertainment, Inc., its Service, or our community, we may take action to prevent it.
Platform Rights:
JoyJam reserves the right to:
Review and moderate Chat content as needed to ensure compliance with Platform policies.
Block or delete accounts that abuse the Chat feature, at the company’s sole discretion.
Restrict access to Chat for users who violate Platform rules.
Terminations or suspensions related to Chat misuse may occur without prior notice if necessary.
3. General Communication Guidelines
JoyJam encourages users to engage respectfully and responsibly when using communication tools.
Users acknowledge that they are solely responsible for the content they post or share through the Platform’s Direct Messaging and Chat features.
Restrict access to Chat for users who violate Platform rules.
Reports of abusive behavior can be submitted to JoyJam’s support team for review and action.
By using JoyJam’s communication features, you agree to comply with these Terms of Use and acknowledge that violations may result in account suspension, deletion, or other corrective actions.
Indemnity
You agree to indemnify and hold JoyJam, its Affiliates, and each of our respective contractors, employees, officers, directors, agents, suppliers, third-party service providers, licensors, and partners (individually and collectively, the “JoyJam Parties”)harmless from any losses, liabilities, or legal fees that arise from these Terms of Use or are related to your use of JoyJam or the Service. We reserve the right to assume exclusive control of the defense for any claim covered under this clause, and, if we exercise this right, you agree to cooperate with us in the defense. This obligation to indemnify also extends to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the entire liability of JoyJam and any JoyJam Parties under any provision of this Terms of Use,and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall JoyJam or any JoyJam Parties be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms of Use), even if JoyJam or any JoyJam Parties have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to Users, including registered Users.
Collection of Date of Birth
Our Service requires Users to provide their date of birth during the sign-up process. This information is necessary to ensure compliance with the California Consumer Privacy Act (CCPA), which stipulates that individuals must be at least 13 years of age to engage in any financial transactions. Since our Service allows users to optionally subscribe to creators or other application services involving monetary transactions, it is imperative that we confirm the User's age to prevent individuals under the age of 13 from accessing such features. The collection of this information is solely for the purpose of age verification and regulatory compliance.
Optional Collection of Gender
Our Service offers Users the option to voluntarily disclose their gender during the sign-up process. This information is not mandatory and is collected solely for analytical purposes. Specifically, the gender data is aggregated and shared with content creators to help them better understand the demographics of their audience. This enables creators to tailor and optimize their content based on the gender distribution of their viewers, thereby enhancing content relevance and user engagement. The provision of this information remains entirely at the User’s discretion.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms of Use and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If a dispute arises from these Terms of Use or your use of JoyJam or the Service, it will be resolved in the federal or state courts located in Georgia. Both parties agree to the exclusive jurisdiction and venue of these courts for resolving such disputes. The laws of Georgia, excluding its conflict of law provisions, will govern these Terms of Use, all other JoyJam policies, and any disputes between you and JoyJam.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
United States Legal Compliance
1. Severability
If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
2. Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Use may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Use
We reserve the right, at Our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, Youagree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. It is your responsibility to periodically review these Terms of Use to stay informed of updates.
Contact Us
If you have any questions about these Terms of Use, You can contact us:
By email: info@joyjam.com
