Terms and Conditions

Last updated: 5th January, 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

1. Overview

These Terms of Use establish the rules and standards that govern your access to and use of this website, including browsing, creating a Joyogram, uploading material, interacting with other users, linking to the Site, or any other activity on or through the Site.

2. Who operates the Site and how to contact us

The website Joyogram.com (the “Site”) is operated by Infinity and Beyond AB, trading as Joyogram (“we”, “us”, “our”). Our Swedish company registration number is 559011-0663 and our VAT number is SE559011066301. For questions or reports, contact us at hello@joyogram.com.

3. Acceptance of these terms

By accessing or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not accept these terms, do not use the Site.

We recommend you keep a copy of these terms for your records.

4. Additional policies that apply

Your use of the Site is also governed by our separate Terms of Service and Privacy Policy, which form part of the agreement between you and us.

5. Changes to these terms

We may revise these Terms of Use from time to time. It is your responsibility to review them prior to using the Site to ensure you are aware of any changes.

6. Permitted and prohibited uses

You may use the Site only for lawful and permitted purposes. Prohibited actions include, but are not limited to:

  • Any conduct that violates applicable law, regulation or third-party rights.
  • Any fraudulent, deceptive or dishonest behaviour.
  • Actions that exploit, harm or attempt to harm minors.
  • Harassment, threats, bullying, insulting or otherwise demeaning behaviour toward others.
  • Uploading, sending, receiving or otherwise making available material that does not comply with our content rules.
  • Sending unsolicited advertising, spam, or other bulk communications.
  • Uploading or transmitting malware, harmful code, or any software intended to damage or disrupt systems.

You also agree not to:

  • Copy, reproduce, resell or commercially exploit any part of the Site.
  • Access, interfere with, damage or disrupt any component of the Site, the servers or networks that support it, or any software used to provide it.
  • Interfere with third-party equipment, networks or services used by or linked from the Site.

7. Interactive features and user submissions

We provide tools and areas where creators and contributors can add content to a Joyogram (“interactive services”).

We may, but are not obliged to, monitor or moderate content available through interactive services. We do not guarantee that moderation will catch or remove all content that violates these terms.

If you see content you believe breaches our content rules, email hello@joyogram.com to report it.

Minors may use interactive services only with parental or guardian permission; parents should supervise their children’s use.

Where we moderate a particular interactive area, we will normally make contact details for the moderator available.

License for user content

By submitting content to a Joyogram you grant us a worldwide, non-exclusive, royalty-free licence to use, copy, adapt, publish, publicly display, distribute and otherwise exploit that content on and through the Service. You keep ownership of your content, and you remain responsible for asserting or protecting any rights you hold in it. That licence allows us to make your content available to other users of the Service, including Joyogram recipients.

We perform routine backups. Content that you delete may be retained in backups for up to one month.

You warrant that: (a) you own the content or have the rights necessary to grant the licence above; and (b) publishing the content on the Site will not infringe any person’s rights or breach any legal obligation.

8. Content requirements and standards

All material you contribute must comply with applicable law in Sweden and in the jurisdictions from which it is posted or received.

You must not upload or post content that:

  • Is defamatory, obscene, hateful, abusive, or otherwise offensive.
  • Bullying, insulting, intimidating or humiliating content targeting others.
  • Sexually explicit material or any content involving child sexual abuse.
  • Encourages or glorifies violence or criminal activity.
  • Promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age or similar grounds.
  • Infringes intellectual property, database rights or trademarks of others.
  • Is misleading or designed to deceive.
  • Breaches a contractual duty of confidence or other legal obligation.
  • Constitutes advertising or promotes third-party products or services (unless expressly permitted).

We determine, at our discretion, whether material complies with these standards.

9. Consequences of breaches

If we reasonably suspect that you have breached these Terms of Use or engaged in fraudulent or illegal conduct, we may take any action we deem appropriate, including:

  • Suspending, restricting or permanently terminating your access to the Site.
  • Removing or disabling access to any content you have uploaded.
  • Issuing warnings.
  • Pursuing legal remedies including claiming damages and costs.
  • Disclosing information about you to the extent required or permitted by law, or to assist law enforcement.

We are not liable for any losses that arise from actions we take in response to breaches of these terms.

10. Your indemnity to us

You agree to indemnify and hold harmless Infinity and Beyond AB, its officers, employees, agents and contractors from and against any liabilities, losses, costs (including legal costs), damages and expenses arising out of:

  • Your breach of these Terms of Use or any other agreement with us;
  • Fraud or other unlawful activity connected with your use of the Site;
  • Any claim that content you submitted infringes a third party’s rights or violates applicable law.

11. No warranty — site provided “as is”

The Site and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness and non-infringement. We do not guarantee the Site will be error-free, available without interruption, or meet your requirements.

12. Intellectual property and copyright

All intellectual property rights in the Site, its design, structure, text and other materials are owned by us or our licensors. Your use of the Site does not grant you any ownership rights; you are permitted to use the Site only as expressly allowed by these Terms of Use.

You must not copy, scrape, publish, reproduce, distribute, extract or otherwise reuse Site content except to the extent expressly permitted.

13. Links to third-party websites

The Site may contain links to other websites. These links are provided for convenience only. We do not control, endorse or accept responsibility for the content or practices of third-party websites.

14. Linking to our Site

You may link to our homepage provided you do so lawfully, fairly and in a way that does not damage our reputation or imply endorsement. You must not frame the Site or imply any relationship or endorsement by us without our written consent. We may withdraw permission to link at any time.

15. Assignment and transfer

We may assign or transfer our rights and obligations under these Terms of Use to a third party, provided that such assignment does not materially worsen your rights under these terms.

16. Governing law and jurisdiction

These Terms of Use are governed by the laws of Sweden. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the Swedish courts.