These general terms and conditions (the “Terms”, the “Agreement”) apply between you and VOYD AB, company no. 559044-0631, a company organized under the laws of Sweden with its registered address at Nya Hamngatan 21, 852 29 Sundsvall (“we”, “VOYD”) whenever you as a viewer use VOYD’s platform VOYD (the “Platform”) to view available content, including live performances, on the Platform (the “Service”). The reference to viewer in these Terms refers to anyone who uses his or her account on the Platform to view available content on the Platform, for free or in exchange for payment.
These Terms constitute a binding agreement between you and VOYD regulating your use of the Service. We therefore recommend you read the Terms carefully.
Please note that separate terms apply between you and VOYD when you use the Platform in the capacity of content creator, those terms can be found here.
1. General
To use the Service, you must accept these Terms. If you do not accept these Terms, you may not use the Service. If you use the Service in violation of these Terms, VOYD may be entitled to limit your access to the Platform and/or Service, shut down your account and, under certain conditions, claim compensation from you.
To use the Platform, you must be 18 years of age or otherwise old enough to enter into a legally binding agreement according to applicable laws of your domicile.
A guardian may create an account for a child under 18 years of age, but the guardian then becomes a party to the Agreement with VOYD and is thus responsible for all activity from the created account being in accordance with these Terms. You may never use the Service if it is forbidden, or you are otherwise not allowed to use the Service, according to applicable laws of your domicile.
2. Change of terms
VOYD has a unilateral right to make additions or amendments to these Terms. VOYD will inform you of any additions or changes to the Terms by making available updated Terms on the Platform for your approval. You accept and consent to additions and changes to the Terms when you consent to the updated version of the Terms, which is then applicable from the date stated in the updated Terms. To use the Service, all updated Terms must be accepted. The Terms applicable at the time when certain content is made available on the Platform, will continue to apply for that specific content during the time the specific content is available on the Platform.
3. Create an account on the platform
To use the Service, i.e., to view available content on the Platform, you must create a user account. Your user account is the same regardless of whether you use the Platform as a viewer or content creator, or both viewer and content creator. Please note that it is important that you provide correct and complete information when you create an account. You are responsible for ensuring that your contact information is always updated on your account.
Your user account is personal and may not be transferred. It is of utmost importance that you keep your password secret and that you use it in a safe manner. You are responsible for all activities from your account.
If you make a purchase on the Platform without first registering an account, you consent to VOYD creating an account for you. We will then e-mail you your log-in details after which you can log in on the Platform and update the required information. Even if VOYD creates an account for you, you are solely responsible for all activities from your account.
4. Your obligations when using the platform
4.1 Your general obligations
Your account on the Platform must not be used in violation of these Terms. If you find out that your account is being used in violation of these Terms, for example by violation of safety measures or unauthorized use of your account, you shall immediately inform VOYD in writing.
By creating an account, you accept that you are solely responsible for all activities from your account.
By using the Platform, you undertake:
• to not externally distribute any part of the content from the Platform, except for such distribution which is allowed, for example through the Platform’s sharing functions,
• to not change or distort any part of the Platform or the Service,
• to not grant yourself access to content in any other way than through the video player the Platform allows,
• to not in any way contribute to or interfere with the functions of the Platform or in any other way limit the use of the Platform,
• to not use the Platform for commercial purposes, for example by selling access to the Platform or advertise or market products on the Platform, unless these functions are provided by the Service,
• to not upload (including messages sent in chat rooms and comment fields) any offensive, inappropriate, disgusting, or illegal content,
• to not upload (including messages sent in chat rooms and comment fields) any content that violates any third party rights, including but not limited to infringement of intellectual property rights,
• to not collect information regarding other users of the Platform for the purpose of sending mass e-mails or spam or to sell such user information to a third party,
• to not collect content in any other way than what is allowed while using the Platform or Service, meaning that bypassing of copyright locks, downloading, copying, distributing or use of other user’s content outside of the Platform is forbidden unless the owner of the content has consented to such use,
• to not copy, reproduce, distribute, send, show, sell, license or use other user’s or VOYD’s content without written consent from the owner of the content or other such right holder, and to not violate any applicable laws and regulations.
4.2 Live performances
One of the services provided on the Platform is the possibility to view live performances. As a viewer you must have an internet connection that fulfils the prevailing applicable requirements. You will find applicable requirements [here]. If your internet connection does not fulfil these requirements, you cannot expect that the live performance can be viewed without errors or disruptions. If your internet connection, wholly or partly, is the cause of you not being able to view a performance without error or disruption or at all, you as a viewer understand and accept that you have no right to a refund of the Fee (see definition in clause 5 below) on those grounds.
4.3 Reporting of available content
If you perceive that any available content does not fulfil promised quality or if the content creator infringes third party rights, violates applicable law or makes available content that is offensive, inappropriate, disgusting or illegal on the Platform, we ask you to report this to VOYD as soon as possible.
5. Purchase of tickets
As a viewer you may purchase tickets on the Platform to live performances and pay for access to a content creator’s available content (the “Fee”). When paying a Fee to VOYD, a part of the Fee will be paid from VOYD to the content creator.
You can pay the Fee through the payment options VOYD at each time provides for the Platform.
As a viewer you recognize that VOYD is not responsible for any such payment service or for any losses due to unauthorized use of your payment card, credit card or other means of payment that is provided by a third party in connection with your use of the Service. In case there is any conflict between these Terms and any third party user terms, these Terms shall prevail between you and VOYD.
6. Subscriptions
Some Services provided by VOYD may be provided as a subscription service, subject to ongoing automatic payments. Terms specifically applicable for the subscription are stated in the description of the specific Service and are supplementary to the Terms set out herein. In case of contradictions between these Terms and the terms in the description of the specific Service, the description shall prevail e.g. in relation to termination of Service.
A subscription can apply on an annual basis, i.e. payment is deducted once a year, or as a monthly subscription against monthly payments. Annual subscriptions will be automatically renewed annually, unless terminated at the latest 30 days before the end of the current subscription term. VOYD may send a reminder to you in advance of the termination deadline, however VOYD is not obliged to do so.
Monthly subscriptions will be terminated with a minimum of one month’s notice, in relation to the date the subscription started. This means for example that if the subscription started January 15th and you wish to end it by April, you need to terminate the subscription on March 15th at the latest. The subscription period will then end April 15th. No reminders will be sent by VOYD with regard to monthly subscriptions.
7. Access to available content
The content creator decides the period of time that you as a viewer shall have access to view the content you have paid for. The time period can alternate but is always stated in connection with the purchase. You have access to the content as long as specified by the content creator, unless earlier removed by VOYD due to reasons such as that it has lacking quality, infringes third party rights, violates applicable law or if the content is offensive, inappropriate, disgusting or illegal.
8. Refund in case of interrupted viewing
If you have bought a ticket to a live performance or paid a Fee for access to available content and the live performance or the available content is removed or interrupted because of lacking quality, infringement of third party rights, violation of applicable law or if the content is illegal, you have a right to a refund of the Fee. VOYD will in its own discretion decide whether a live performance or available content shall be removed or interrupted. In connection with this, VOYD also has the possibility to decide under what conditions refunds shall be made.
9. Right of withdrawal
These Terms do not limit the consumer rights granted to you through mandatory legislation in the country where you have your domicile.
If mandatory consumer rights regulations of your domicile give you a right of withdrawal, you may invoke such right by e-mailing us at support@voyd.tv or use a standard form for right of withdrawal, which can be found [here]/on the national consumer protection authority’s webpage].
If the Service is commenced immediately after purchase – which will be the case for most of the purchases on VOYD – an exception from the right of withdrawal for purchases of digital content may be applicable. You may also be liable to pay for already provided purchased content at the time of your invocation of your right of withdrawal.
10. Claims
Our aim is that you as a customer is satisfied with the Service. If you are not satisfied, we ask you to contact us on support@voyd.tv and we will do our best to solve the situation.
You may also turn to the European Commission’s online platform for dispute resolution, http://ec.europa.eu/odr.
We do not undertake to participate in alternative dispute resolution proceedings or to oblige with a decision issued by such institution, but we will take a final stand on the matter in the event of a dispute/issued decision.
11. Infringement of intellectual property rights
As a user of the Platform and/or the Service, you recognize and accept that you are solely responsible for the content you might provide in connection with your use of the Platform and/or Service. VOYD is not responsible for the content that is published and does not support such content in any way.
If you provide content in connection with your use of the Platform and/or Service that infringes any third party’s intellectual property rights, the content may be reported and immediately removed from VOYD. You may also lose your right to use the Service and/or the Platform because of such violation. You may further be subject to sanctions in accordance with applicable law. Such sanctions can be of both public law nature (for example fines or prison) or civil law nature (for example damages).
The Platform and the Service are reviewed retroactively. This means that VOYD does not preview any content that is made available on the Platform. As a consequence, VOYD cannot guarantee that available content is legal or that it does not infringe on third party rights. If, when using the Service or the Platform, you discover that any available content violates these Terms or applicable law you should inform VOYD of this.
If VOYD considers available content to be infringing on third party rights or in violation of these Terms or applicable law, VOYD will remove the relevant content with immediate effect.
12. Indemnity
As a viewer you consent to indemnify and hold harmless VOYD against any and all claims arising out of your violation of these Terms and applicable law.
13. Changes and discontinuance of service and/or the platform
VOYD continuously works to update the Service and the Platform to create the optimal user experience. VOYD may change the Service and/or the Platform over time, without prior notification. VOYD may also temporarily or permanently and without prior notice discontinue the provision of the Platform and thereby terminate your account.
If you violate any of the Terms in this Agreement, VOYD is entitled to terminate the Agreement with you and deny you further access to the Service and/or the Platform. VOYD may further terminate the Agreement if changes in legislation make it illegal for VOYD to continue to provide the Service and/or Platform, or if the Service and/or Platform is no longer commercially viable.
As a user of the Platform, you are entitled to at any time terminate the Agreement with VOYD by sending a message to VOYD or by erasing your account on the Platform. However, specific termination rules apply with regard to subscription Services, please see under Section 6 “Subscriptions”.
14. Warranty
VOYD provides the Service and the Platform without warranty. The provisions of these Terms do however not limit your consumer rights under applicable legislation.
The Service and the Platform are provided on an “as is”-basis. This means that VOYD does not guarantee that the Service and/or Platform will work according to your expectations or without errors or disruptions. VOYD does not guarantee that the information provided in connection with the Service and Platform is correct and reliable.
15. Limitation of liability
VOYD is not liable for any indirect damage arising in connection with your use of the Service and/or Platform.
VOYD is not liable for errors in the Service and/or Platform outside of VOYD’s control. VOYD is further not liable for lost content or for content that is removed or distorted in connection with the Service and/or Platform.
The Service and Platform may contain links to other websites that are not owned or controlled by VOYD. VOYD is not liable for the content of such websites. VOYD is further not liable for any loss or damage arising from the content of such external webpages or other sources.
16. Processing of Personal data
As personal data controller, VOYD will process uploaded information and other personal data you provide in connection with your use of the Platform. Before you use the Platform, you will therefore be asked to confirm that you have taken part of VOYD’s privacy policy, which can be read here. VOYD’s privacy policy contains information on how VOYD will process the personal data that is provided and collected when you use the Platform and Service.
17. Cookies
Cookies are being used on the Platform. Information on the use of cookies on the Platform can be found in VOYD’s cookie policy here.
18. Assignment
Your rights and obligations under these Terms may not be assigned to another user. VOYD is however entitled to assign these Terms and accompanying rights without your consent.
19. Invalidity
If these Terms or any part thereof should be considered void or invalid the other terms and conditions of the Terms shall remain in force and shall be limited, amended or separated to the extent necessary to remove such invalidity, so that other parts of the Terms remain valid and enforceable.
20. Contact
Contact us on support@voyd.tv if you are dissatisfied with the Service and/or Platform or if you otherwise have questions concerning the Service or the Platform.
21. Applicable law and dispute resolution
These Terms shall be applied and construed in accordance with applicable law, which is usually the law of the country in which you reside. A competent general court shall finally settle all disputes arising out of or in connection with these Terms. VOYD reserves the right to apply for interim measures or initiate other types of legal actions, also within other jurisdictions.