Terms of Use – Creators

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.

You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Ourpolicies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

To access the Service or resources it offers or may offer from time to time, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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 reexport 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 app 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.

These are the Terms of Use for a Creator account on JoyJam. There are many details below involving rights, payments, fees, taxes, and restrictions Creator should read and follow. A Creator account is the only account that can post Content on the Service. By uploading Content, Creator agrees that the Content complies with the Terms of Use and Creator is not infringing on anyone else’s rights.

Please read these Terms of Use carefully before using the 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 of Use, the following terms shall have the meanings below. Other capitalized terms used herein shall have the meanings set forth elsewhere in these Terms of Use.

• 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, 17^th Fl, Nashville, TN 37201.

• Content – any material created on or uploaded to JoyJam by any User, including any Cuts (as defined below), photos, videos, audio and/or audiovisual files, livestream material, messages, events, data, text metadata, images, interactive features and any other material.

• Creator/Artist – a User who has set up their JoyJam account to post Content, and charge for Content, for fans and other Users to consume.

• Creator Subscriptions mean any Superfan Subscriptions and PayPerView Content.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

• Goods refer to the items offered for sale on the Service.

• Inapp 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.

• PayPerView (PPV) Content means content offered by Creators whereby Creators offer fans access to individual broadcasts or events, similar to ticket sales.

• Promotions refer to inapp advertising in selected spots on the Service

• Platform refers to the Application.

• 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 PayPerView Content.

• Superfan Subscriptions mean subscriptions offered by Creators whereby Creators offer exclusive content to fans through monthly subscription tiers at customizable pricing levels.

• Country refers to: Georgia, 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.United States.

• Thirdparty Social Media Service means any services or content (including data, information, products or services) provided by a thirdparty 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”).

NonCompliance With the Terms of Use

In the event we reasonably believe that You breached these 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.

• TemporaTerminate Your access to the Service and all rights and licenses granted in the Terms of Use.rily suspend or disable Your account.

• 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.

Creator Profile

Each Creator on the Platform is provided with its own unique profile , which serves as the central hub for managing content, finances, and engagement (the “Creator Profile”). By using the Creator Profile features, you agree to the following terms:

1. Analytics

• The Creator Profile includes an analytics dashboard that provides insights into content performance, fan engagement, and earnings.

• Analytics may include metrics such as:

  • Number of views, likes, and comments on videos and live performances.

  • Subscription growth and retention rates.

  • PPV and tipping earnings, broken down by content type and audience demographics.

• These analytics are provided for informational purposes only, and while we strive for accuracy, we do not guarantee the completeness or realtime nature of the data.

3. Social Media Links

• Creator can link their social media accounts to their Creator Profile to enhance their reach and promote their content.

• Supported platforms may include, but are not limited to: Instagram, TikTok, Twitter, YouTube, and Facebook.

• By linking social media accounts, Creator grant the Platform permission to display their social media handles and provide fans with direct access to those accounts.

• Creators are solely responsible for maintaining compliance with the Terms of Service and content policies of the linked social media platforms.

4. Profile Management and Customization

• Creators can customize their Creator Profile by adding a bio, profile picture, and turn on or off other personalized features.

• Creator Profiles must adhere to the Platform’s community guidelines and content policies. Inappropriate or infringing content may result in account suspension or removal.

• Creators are responsible for keeping their profile information accurate and up to date.

5. Privacy and Data Sharing

• Fans can view certain elements of an Creator’s Creator Profile, such as content, analytics summaries, and social media links. However, personal financial data (e.g., earnings and payouts) is private and accessible only by the Creator.

• Creator By using the analytics and payment features or integrations, Creator consentsto the collection and processing of their data as outlined in the Service’sPrivacy Policy.Profiles must adhere to the Platform’s community guidelines and content policies. Inappropriate or infringing content may result in account suspension or removal.

• By creating and managing a Creator Profile, you agree to abide by these Terms of Use and to use the provided tools responsibly. For support with any features of your Creator Profile, please contact us at support@joyjam.com

When You create a Creator Profile 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 ThirdParty Social Media Service.

You agree not to disclose Your password to any third party. You must notify JoyJamimmediately 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.

Content

1. Posting Content and License to JoyJam

Our Service allows only You to post Content. You are responsible for the Content you post to the Service, including its legality, reliability, and appropriateness.

Unless otherwise agreed to in a written agreement between you and JoyJam that was signed by an authorized representative of JoyJam, if you submit, transmit, display, perform, upload, post, or store Content using the Service, you grant JoyJam and its sublicensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sublicensable, nonexclusive, and royaltyfree right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such Content. JoyJam can exercise these rights in connection with monetizing the Service. Should such Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that JoyJam and its sublicensees are allowed to use them to the extent indicated in these Terms of Use. You agree that this license includes the right for JoyJam to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms of Use.

2. User Content Representations and Warranties

You are solely responsible for your Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all rights in and to the Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any thirdparty right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your Content specifically does not contain any prerelease or nonpublic beta software or game content or any confidential information of JoyJam or third parties. JoyJam reserves all rights and remedies against any users who breach these representations and warranties.

3. Content is Uploaded at Your Own Risk

JoyJam uses reasonable security measures in order to attempt to protect Content against unauthorized copying and distribution. However, JoyJam does not guarantee that any unauthorized copying, use, or distribution of Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that JoyJam shall not be liable for any unauthorized copying, use, or distribution of Content by third parties and release and forever waive any claims you may have against JoyJam for any such unauthorized copying or usage of the Content, under any theory. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY JOYJAM HEREIN ARE PROVIDED AND USED “ASIS”AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

4. Content Types

Our Service enables You to post videoondemand (VOD) content in short form (“Cuts”), as well as live streams, stories and teasers. A short definition is provided below for each.

Cuts: Snackable short videos of up to 2 minutes, ideal for quickly attracting the attention of Service users allowing You to grow an organic fan base.

Live Streams: Draw in the “concertgoer” fan by performing live, creating interactive experiences that engage and strengthen connections.

Stories: You can share everyday moments with users and fans through photos and videos that disappear after 24 hours, fostering closer connections.

Teasers: Sneak peeks of upcoming or unreleased audioonly content, including songs, allowing You to gauge user and fan interest and feedback.

5. Content Restrictions

The Company is not responsible for the content of the Service’s Creator’s. Youexpressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your creator account, whether done so by You or any third person using Your account. YOU AGREE NOT TO violate any law, contract, intellectual property, or other thirdparty right; not to commit a tort, and that you are solely responsible for your conduct while on the Service.

You may not create, upload, distribute, transmit, or store any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.

• Defamatory, discriminatory, or meanspirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

• Impersonating any person or entity including the Company and its employees or representatives.

• Violating the privacy of any third person.

• Any information, materials or content that are, or could be perceived as, false, incorrect, misleading or deceptive.

• Obscene, pornographic, threatening, abusive, inflammatory, or otherwise objectionable.

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. Additionally, JoyJam reserves the right to remove, screen, modify the formatting, make edits, or alter the presentation of any Content as deemed necessary. JoyJam can also limit or revoke the use of the Service if You post such objectionable Content. As JoyJam cannot control all content posted by Creators and/or third parties on the Service, You agree to use the Service at your own risk. You understand that by using the Service, You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and agree that under no circumstances will JoyJam be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any 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 the JoyJam’s Terms of Use or other Platform 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.

6. Content Backups

Although regular backups of Content are performed, Service does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Service will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Service has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service at your sole cost and expense.

7. Chat

• Overview:

  • The Chat feature allows users to communicate in public or semipublic 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 the JoyJam’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.

Content Monetization Options

Our Platform provides Creators with various tools to monetize their content. By utilizing these monetization features, Creators agree to comply with all applicable terms, including those outlined below:

1. Superfan Subscriptions

• Creators can offer exclusive content to fans through monthly subscription tiers at customizable pricing level options, a determined by JoyJam.

• Creators are responsible for setting the subscription price for each tier, subject to Service minimums and maximums determined by JoyJam.

• Subscriptions are renewed automatically unless canceled by the subscriber, and Creators will receive 100% of the subscription fee after any Service Platform fees and payment processing fees (e.g., Stripe or Apple/Google fees) are deducted.

2. PayPerView (PPV)

• Creators can charge fans for access to individual content, broadcasts or events, similar to ticket sales.

• Creators are responsible for setting ticket prices, subject to Service minimums and maximums determined by JoyJam.

• Fans must pay in advance to access PPV content. Fans can use JamBucks to pay for access to PPV content. Creators will receive 100% of the PPV price after the Service’s Platform fees and payment processing fees (e.g., Stripe or Apple/Google fees) are deducted.

3. Tipping

• Fans can show support by tipping Creators with JamBucks on individual videosor during live streams.

4. Revenue Distribution and Fees

• For all monetization features, the Service retains a service fee percentage from each transaction to cover operational costs. Payment processing fees (e.g., Stripe, Apple, Google) will also be deducted before payouts are made to Creators. The final payout amount will be reflected in the Creator’s earnings dashboard.

5. Compliance with Local Laws

• Creators are solely responsible for complying with any local, state or federal tax laws or regulations applicable to their earnings.

• The Service may provide Creator with tax documentation, such as 1099 forms (for U.S.based Creators), but it is the Creator’s responsibility to report and pay any taxes owed.

6. Refunds and Disputes

Refund requests for subscriptions or PPV will be handles on a casebycase basis.JoyJam reserves the right to issue refunds at its sole discretion, which may impact the Creator’s earnings.


Refund requests for subscriptions or PPV will be handles on a casebycase basis.JoyJam reserves the right to issue refunds at its sole discretion, which may impact the Creator’s earnings.

Content and Ownership of Metadata

By using our Platform, you acknowledge and agree to the following terms regarding ownership of metadata and content:

1. Maintenance

We will maintain certain data that you transmit for the purpose of managing the performance of the Content, as well as data relating to your use of the Content. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Content. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

2. Ownership of Content

Creators retain full ownership of the videos, live music performances and other original content they upload or stream on our Platform. We do not claim any rights to the actual content, except as necessary to provide our services (e.g., for hosting, streaming or displaying the content) or as otherwise stated under these Terms of Use.

3. Ownership of Metadata

While Creators own their content, we retain full ownership of any metadata associated with that Content. Metadata includes, but is not limited to:

• Content descriptions, tags, titles, and keywords.

• Usage data, such as views, engagement metrics and performance analytics.

• Geolocation data, timestamps and other technical information generated during uploads, streams or interactions on the Platform.

4. Protection of Content

While we may use metadata for the purposes outlined above, we do not sell or distribute Creators’ original content without explicit permission. Your creative works remain under your control.

By using the Platform, you consent to our ownership and use of metadata while maintaining your rights to the actual Content you create and upload.

Content Copyright Infringement

1. DMCA Notice

Creators are prohibited from uploading or using copyrighted content, including but not limited to music, videos, images or other intellectual property, for which JoyJam does not hold a valid license or the Creator does not have the appropriate rights or permissions to use.

Creators are solely responsible for ensuring that all content they upload complies with applicable copyright laws and does not infringe on the rights of others. By uploading content, you represent and warrant that you either own the copyright or have obtained the necessary licenses, permissions or consents to use and distribute the material on the JoyJam Platform.

JoyJam takes copyright infringement seriously and complies with the Digital Millennium Copyright Act (DCMA) and other applicable laws. If you believe content on the Platform infringes your copyright, please contact our designated agent for notice of copyright infringement at dmca@joyjam.com. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

• Identification in sufficient detail of the copyrighted work claimed to have been infringed;

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. 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.

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.

2. Counter Notifications Policy

If you are a User and a notification of claimed infringement has been submitted against content You shared on the Service, You should review the details we have provided and consider Your options. If you believe that the notification – and any action JoyJam has taken as a result – was sent due to a mistake or misidentification, then You may submit a counternotification to JoyJam at dmca@joyjam.com detailing the following information:

• URL(s) where the content that was the subject of the notification of claimed infringement appeared before it was identified, removed, or access to it was disabled

• Name of the claimant who submitted the notification

• Your JoyJam username

• Your full legal name

• Your email address

• Your full postal address (Street, Unit #, State, Mailing Code, Country)

• Your phone number, including International Code

• Verify these statements by including, and adding your name to, the following affidavit: I, <your full name as an electronic signature>, wish to state that:

  • I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, the judicial district in which JoyJammay be found, and will accept service of process from the claimant.

  • I swear, under penalty of perjury, that I have a good faith belief that the material identified in the notification was identified, removed, and/or disabled as a result of mistake or misidentification.

You also have the option to explain why you believe there was a mistake or misidentification. Keep in mind that failure to provide the information required could result in JoyJam being unable to take action in response to your counter-notification. Note that there may be legal consequences if you submit a counter-notification. For example, if the complaining party wishes to keep the content identified in their DMCA notification disabled after receiving your counter-notification, they have the option of initiating a legal action seeking a court order to restrain you from engaging in infringing activity.

Also, please be aware that we will generally forward the information you share as part of your counter-notification with the claimant that submitted the DMCAnotification against your content.

If a Creator uploads or attempts to post content that violates copyright laws or infringes on the intellectual property rights of others, JoyJam reserves the right to:

• Prevent the Content from being Posted
  ‍
  Any content identified as infringing will be blocked from publication on the Platform.

• Remove Existing Content
  
  If infringing content is discovered after it has been posted, JoyJam reserves the right to remove the content immediately.

• Investigate the Violation
  
  In cases of suspected infringement, we may review the content and request documentation providing that the Creator has the rights or permissions to use the material.

• Suspend or Terminate Accounts
  
  Repeated violations or egregious breaches of this policy may result in the suspension or permanent termination of the Creator’s account.

Payments

We strive to ensure timely payments to Creators; however, payments may be subject to delays due to thirdparty payment processing systems, including but not limited to delays imposed by the Apple App Store or Google Play Store. In certain cases, these third party platforms may withhold payments for up to 68 days before releasing funds to our Service.

As a result, payouts to Creators could be delayed beyond the usual processing time. By using our Service, you acknowledge and agree that these delays are outside of our control, and we are not liable for any inconvenience or financial impact caused by such delays.

For questions regarding your payouts, please contact our support team at support@joyjam.com.

Withdrawal of Funds

Creators on our Platform can withdraw their earnings through a connected Stripe account. Funds can be earned by Creators by fans subscribing to such Creators’content via inapp purchase and fans paying for PPV content via JamBucks. JamBucksreceived paid by fans for access to Creator PPV content will be automatically converted into realworld currency at the current Platform exchange rate, less platform fees and payment processing charges. Conversion rates are subject to change at the Platform’s sole discretion.

To withdraw funds, you must meet the following requirements:

• Stripe Account

  • You must have a verified Stripe account linked to your profile.Prevent the Content from being Posted

  • Stripe charges a monthly account maintenance fee, which may vary based on your region. It is your responsibility to review and accept Stripe’s pricing and terms of service.

• Minimum Withdrawal Balance

  • Withdrawals are only permitted when your account balance meets the minimum threshold of determined by JoyJam. Balances below this threshold will remain in your account until the minimum is reached. JoyJam shall not be responsible or liable for minimum withdrawal thresholds stipulated by Stripe or any other third party payment provider.

• Withdrawal Fees:

  • Each withdrawal processed through Stripe is subject to Stripe’s transaction fees, which are deducted from your withdrawal amount. These fees typically include a percentage of the withdrawn amount plus a fixed fee per transaction. Please refer to Stripe’s pricing page for the most uptodate fee information.

By using the withdrawal feature, you acknowledge that all associated costs, including Stripe’s fees and the minimum balance requirement, are your responsibility and that we are not liable for any disputes or discrepancies regarding Stripe’s charges.

Pricing Policy

Our Platform offers various monetization features for Creators, including Superfansubscriptions, PayPerView (PPV) content or broadcasts or events, and tipping via JamBucks, all of which adhere to the pricing rules established by app stores. By using these features, you agree to the following terms regarding pricing:

1. PreSet Product Pricing

• As required by the App Store and Google Play, all prices must align with preset pricing tiers provided by these platforms.

• Prices for purchases (e.g., subscriptions, PPV access, and tipping via JamBucks) must end in .99 and cannot be customized beyond the tiers available

• Creators will select from a list of preapproved product codes, which correspond to these preset price tiers. These product codes are managed by the Platform and ensure compliance with app store requirements.

2. Pricing Options for Monetization Features

• Superfan Subscriptions:

  • Creators can select from preset pricing tiers for their monthly superfansubscription plans.

  • Once a superfan subscription tier is chosen, it will apply to all subscribers until the Creator modifies the pricing or cancels the subscription option.

• PayPerView (PPV):

  • Creators can charge fans for individual content or broadcasts or events by selecting a product code that corresponds to the desired price tier.

• Tipping:

  • Fans can tip Creators with JamBucks using either preset amounts or custom amount entered by the user.

3. Limitations and Adjustments

• Prices cannot be arbitrarily adjusted and must conform to the pricing tiers dictated by the app stores.

• The Platform reserves the right to modify the available product codes or pricing options to remain compliant with app store policies.

• In the event of a price change for subscriptions, existing subscribers will be notified in advance as required by app store rules, and they will have the option to accept the change or cancel their subscription.

4. Revenue Distribution

• All purchases through the app are subject to the app stores’ transaction fees (e.g., 30% commission) and payment processing charges. The remaining revenue will be distributed to the Creator after the Service’s platform service fees are deducted.

5. Refunds

• Refund requests for purchases made through the app will be processed in accordance with the respective app store’s policies (Apple App Store or Google Play). Refunds may impact the Creator’s earnings for the associated transaction.

By participating in the Platform’s pricing structure, you agree to the terms outlined above and understand that all pricing is subject to compliance with app store requirements. For additional details or assistance with pricing options, please contact our support team at support@joyjam.com

JamBucks

Our Service features virtual inapp rewards called JamBucks, which fans can purchase for specific inapp only features. Users can purchase or may otherwise receive JamBucks as an “inapp purchase.” and can “tip” Creators with such JamBucks up to the number available in such User’s account or use JamBucks to purchase exclusive PPVcontent. 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 inapp purchases.

• JamBucks can only be used within the Platform and are nonrefundable, nontransferable, and cannot be exchanged for realworld 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 an Creator achieve a goal that unlocks a benefit for the Creator.

• JamBucks can be used for:

• PayPerView (PPV): Fans may use JamBucks to purchase access to individual 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 Content must be purchased directly through the inapp 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.

• Creators 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 prerecorded 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 for tipping Creators to support their Content.

  • Unused JamBucks will remain in the fan’s account until spent or forfeited as outlined in these Terms of Use.

• Creators:

  • Creators will have a JamBuck account to track its JamBucks tips from fans, as well as its purchased JamBucks. Unused JamBucks will remain in the Creator’s account until spent or forfeited as outlined in these Terms of Use.

  • JamBucks received or purchased by Creator can be used for promotional opportunities for its Content as offered by the Service in the Service’s discretion.

4. Expiration and Forfeiture

• JamBucks purchased by Users 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 nonrefundable.

5. Refunds and Chargebacks

• JamBuck purchases are final and nonrefundable, 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, nontransferable license to use them in accordance with these Terms of Use.

• The Platform reserves the right to modify, suspend, or discontinue the JamBucksystem 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.

Creator 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.

*Content posting limited to 15 cuts, 10 teasers, 1 daily story, 1 active listed event for Freemium

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 Creator account based on your applicable Subscription.

Featurespecific fees – these are from Creator purchasing promotional services like Event Promotions and Spotlights using JamBucks.

Payout fee – We use Stripe for the Creator to withdraw the money they earned. Stripe may charge each Creator a monthly fee to maintain the account in Stripe’s discretion.

Payment Processing fees – Stripe charges 2.9% plus $.30 per withdrawal, subject to change at any time based on Stripe’s policies.

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 requirementsand 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.

Creator Promotion

The JoyJam Platform offers various promotional opportunities to help Creators boost their discoverability and grow their fan base. By utilizing these promotional features, you agree to the following terms:

1. Promotional Opportunities

• Event Postings:

  • Creators can post events such as live performances, special broadcasts, or other activities to promote their content to a wider audience. Event postings must comply with Platform guidelines.

  • Event postings will be featured in the app’s event calendar section.

• Advertising Options:

  • Creators have the opportunity to increase visibility through advertising options, which may include spotlight placements or event promotions. ads.

  • Advertising options are available for purchase on the Platform and are subject to availability and terms.

• Outside Promotional Opportunities Not Permitted:

  • Creators shall not promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) on, through, or utilizing the Service (a “Promotion”), JoyJam has the right to remove any Promotion from the Service if JoyJam.

• Spotlight Placements:

  • Spotlight placements feature creator content in highvisibility areas of the Platform (e.g., homepage, genre specific pages. These placements are available for a fee and are provided on a rotating basis.

  • Spotlight content must meet Platform guidelines.

• Event Promotions:

  • Event promotions allow creators to promote their content or upcoming events Event promotions are placed in designated areas of the Platform(e.g., events homepage.

  • Event promotions content must meet our Platform guidelines.

2. Promotional Fees and Payment

• Promotional opportunities such as spotlight placements and event promotions,may incur a fee, which will vary based on the type of promotion and the duration of the campaign.

• Payment for Platform promotional opportunities are due in advance by payment of JamBucks.

• The Platform reserves the right to change the pricing for promotional services at any time. Creators will be notified of any changes before fees are charged.

3. Platform Approval and Content Guidelines

• All promotional content, including event postings, spotlight placements, and event promotions, must comply with the Platform’s content guidelines and community standards.

• The Platform reserves the right to reject or remove any promotional content that violates these guidelines or that we deem inappropriate, misleading, or harmful.

• Creators are responsible for ensuring that any promotional material complies with applicable laws, including advertising and intellectual property laws.

4. No Guarantee of Results

• While the Platform offers promotional tools to boost visibility, there is no guarantee that using these services will result in increased fan engagement, subscriptions, or earnings. The success of promotional efforts depends on various factors, including content quality, timing, and audience reach.

By utilizing the promotional opportunities offered by the Service, you acknowledge and agree to these Terms of Use. For more information on available promotional services or to purchase a promotional campaign, please contact our support team at support@joyjam.com.

JoyJam Services and Intellectual Property

The Service is owned and operated by JoyJam. Unless otherwise indicated, all content, information, and other materials on the Service (excluding Creator’s Content), 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 thirdparty licensors. Unless otherwise expressly stated in writing by JoyJam, by agreeing to these Terms of Use you are granted a limited, nonsublicensable, and nontransferable 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.

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.

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.

Limitation of Liability

Notwithstanding any damages that You might incur, 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.

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, thirdparty software and/or thirdparty 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 noninfringement, 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 errorfree; (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 emails 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.

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

Severability and Waiver

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 Platform 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