Terms

1. Introduction and acceptance of the terms

These Terms of Use govern your use of OOOIII, an online service where musicians and DJs can upload musical works that are made available as background music for sports videos featured on the platform. Uploaded by athletes, and sports fans.

By creating an account, subscribing to or otherwise using the Platform, you confirm that you have read, understood and agree to these Terms and that you are entering into a legally binding agreement with OOOIII. If you do not agree to the Terms, you may not use the Platform.

If you are creating an account on behalf of a company or other legal entity, you warrant that you have the authority to bind the necessary entity to these Terms.

2. Definitions

These Terms have the following terms with the meaning set out below:

“Athlete” – A user who has subscribed to an Atlet Subscription and who uses musical works from the Platform as background music in their own video productions in accordance with the Terms.

“Athlete Subscription” – The paid subscription that gives Athletes access to use musical works from the Platform in accordance with the License to Use.

“User” – Any natural or legal person who creates an account or otherwise uses the Platform, including Athletes and Musicians.

“License to Use” – The limited license that OOOIII grants to the Athlete to use a given musical work in sports videos in accordance with these Terms.

“Content” – All musical works, sound recordings, metadata, text, images, profile data and other materials that Users upload, submit, make available or use on the Platform.

“Master” – The rights to the recorded sound recording of a musical work.

“Musician” – A user who has subscribed to a Musician Subscription and who uploads musical works to the Platform.

“Musician Subscription” – The paid subscription that allows Musicians to upload and distribute music on the Platform, including any extended features.

“Musical Work” – A musical work uploaded by a Musician, including the composition (lyrics and melody), the sound recording (the Master) and associated metadata.

“Platform” – The Website, Application and all associated services operated by OOOIII.

“Sports Video” – An audiovisual production created by an Athlete that primarily documents sporting activities, training, competitions or lifestyles related to sports.

“Voting System” – The functionality on the Platform where Users can vote on, rank or otherwise provide feedback on Musical Works.

3. Account creation and use

3.1 Account

To use the Platform, you must create a personal account. You must provide correct and complete information upon creation and keep it updated. You may only create one account per natural or legal person, unless OOOIII has given written consent to the contrary.

3.2 Age Requirements

You must be 18 years of age or older to create a subscription. Minors aged 13 and over may use the Platform if a parent or guardian accepts the Terms on their behalf and is the account holder. Persons under the age of 13 may not use the Platform.

3.3 Account Responsibility

You are responsible for all activity that occurs under your account and for keeping your login information confidential. You must immediately notify OOOIII if you suspect any unauthorized use.

4. Subscriptions and payment

4.1 Subscription Types

The Platform offers two types of paid subscriptions:

Athlete Subscription, which gives Athletes access to find and use Musical Works as background music in Sports Videos in accordance with the then-current License.
Musician Subscription, which gives Musicians access to upload Musical Works, display them on the Platform and make use of the features available in the subscription at any time, including any extended features at higher price levels.

4.2 Price and Payment

Current prices, subscription periods and features are stated on the Platform’s pricing page. All prices are in DKK and include VAT, unless otherwise expressly stated. Payment is made in advance of each subscription period via the payment method you have provided.

4.3 Automatic Renewal

Subscriptions are automatically renewed at the end of each subscription period until terminated by you. We will send you a reminder within a reasonable time before each renewal, and you can terminate the renewal at any time via your account settings.

4.4 Right of withdrawal for consumers

If you are a consumer, you generally have a 14-day right of withdrawal under the Danish Consumer Contracts Act. However, the right of withdrawal expires earlier if you have expressly consented to digital content being delivered immediately, and that the right of withdrawal thus lapses. Upon creating a subscription and first using the Platform’s digital services, your consent is deemed to have been given.

4.5 Termination

You can terminate your subscription at any time via your account settings. Termination is free of charge and as simple as creation. Termination takes effect at the end of the current subscription period. Subscription periods already paid for will not be refunded, unless otherwise provided for by mandatory consumer legislation.

4.6 Price changes

We may change prices and subscription terms with at least 30 days’ notice. If you cannot accept the changes, you can terminate the subscription before they take effect, and the changes will not take effect for you.

5. Musicians’ uploads, warranties and license to Dondo

5.1 Upload

As a Musician, you are solely responsible for the Content you upload. You may only upload Musical Works to which you have all necessary rights, including the rights to the composition (lyrics and melody) and to the Master.

5.2 Warranties from the Musician

By uploading a Musical Work, you warrant that:

You are the right holder or have acquired all necessary rights, consents and licenses to upload and license the Musical Work on the terms set out in these Terms.
The Musical Work does not infringe the rights of third parties, including copyrights, neighboring rights, trademarks, personal data, rights to one’s own image or other rights.
If the Musical Work contains samples, recordings by other artists or contributions from co-composers, you have obtained all necessary permissions in writing.
If the Musical Work is covered by an agreement with KODA, NCB, Gramex, a record label or other third party, you have clarified that uploading and licensing on the terms of the Platform is permitted under the relevant agreement, or you have obtained permission to do so.
You are entitled to receive payments for the use of the Musical Work and are solely responsible for correct settlement to co-composers, contributing artists and collective management organizations in accordance with your obligations to them.

5.3 License to OOOIII

You hereby grant OOOIII a non-exclusive, worldwide, royalty-free (except for any fees agreed separately), time-limited license for the period in which the Musical Work is available on the Platform to:

Store, copy, transcode, format and make the Musical Work available on the Platform to other Users.
Synchronize the Musical Work with audiovisual productions created by Athletes (sync license) within the framework of the License for Use.
Grant a sublicense to Athletes under the terms set out in Section 7.
Use excerpts of the Musical Work as well as name, artist name and illustrations in marketing the Platform.

5.4 Revocation and Removal

You may at any time request that a Musical Work be removed from the Platform. The removal will take effect prospectively within a reasonable period of time, but no later than 30 days after receipt of your request. Licenses for Use already issued to Athletes and their already published Sports Videos will not be affected by the removal, unless otherwise provided for by mandatory law or written agreement.

6. Remuneration to Musicians

It is stated on the Platform’s pricing page and in the terms and conditions for Musician Subscription applicable at any time whether and to what extent Musicians receive remuneration for the use of their Musical Works. If OOOIII operates with a remuneration model (e.g. a pool that is distributed according to use or votes), the calculation basis, distribution key, calculation period and payment terms are described in a separate Remuneration Annex, which forms an integral part of these Terms.

The Musician is responsible for the correct settlement of tax, VAT and duties on the remuneration received, as well as for settlement to any co-composers, collective management organisations and other rights holders.

7. Athletes’ Use of Musical Works (License of Use)

7.1 Scope of the License

As an active Athlete with a valid Athlete subscription, OOOIII grants you a non-exclusive, non-transferable, worldwide sublicense to synchronize Musical Works from the Platform with Sports Videos that you produce yourself or have produced, and to publish these Sports Videos on social media and video platforms.

7.2 Permitted Use

The license to use includes:

Use in Sports Videos that primarily document or communicate sports activities, training, competitions or sports lifestyle.
Publication on platforms such as Instagram, TikTok, YouTube, Facebook, Strava and similar social media as well as on the Athlete’s own websites.
Sports Videos published during the subscription period may remain publicly available after the subscription ends, as long as the terms of the relevant Sports Video are complied with.

7.3 Restrictions

The license does NOT include:

Use in commercials or other commercial advertising for products or services provided by third parties, including sponsors, unless the Athlete has signed a separate business subscription that covers this.
Use in films, television productions, documentaries, podcasts or other productions that are not Sports Videos.
Sale, distribution or licensing of the Musical Work as a standalone file or as part of a collection.
Modification of the Musical Work beyond the normal editing necessary to synchronize it with the Sports Video (e.g. fade in/out, clipping).
Use that violates good practice, infringes the rights of third parties or brings the Musician into disrepute.

7.4 Credit obligation

The Athlete must state the Musician’s artist name and the title of the Musical Work as well as a reference to OOOIII in the video’s description or credits, unless otherwise follows from technical limitations on the third-party platform used.

7.5 Consequences of Termination

If the Athlete’s subscription terminates, the right to synchronize Musical Works with new Sports Videos will terminate. Sports Videos that have been lawfully published before termination may remain publicly available, cf. clause 7.2, but may not be re-uploaded or modified in a way that requires a new synchronization.

8. Voting system and recommendations

The Platform contains a Voting System where Users can vote on Musical Works. Votes may affect how Musical Works are ranked, featured and recommended on the Platform.

It is prohibited to manipulate the Voting System, including through the use of fake accounts, automated votes (bots), incentive-driven voting or other manipulation. OOOIII reserves the right to remove votes, suspend accounts and exclude Musical Works from ranking if we have reasonable grounds to believe that the Voting System has been manipulated.

Dondo provides information in its transparency policy about the most important parameters included in ranking and recommendations, cf. Regulation (EU) 2022/2065 (Digital Services Act).

9. Prohibited actions

You may not:

Upload content that infringes the rights of third parties, is unlawful, misleading, defamatory, racist, discriminatory, violent, sexually explicit or otherwise objectionable.
Attempt to circumvent the Platform’s technical protection measures, including digital watermarks, DRM or access controls.
Obtain or attempt to obtain unauthorized access to the Platform, other Users’ accounts or systems connected to the Platform.
Use the Platform for any illegal purpose or in violation of these Terms.
Sell, rent or otherwise transfer your account or your access rights to a third party.
Collect data about other Users without their consent.

10. Reporting violations (notice-and-takedown)

Dondo respects copyright and other intellectual property rights. If you believe that Content on the Platform infringes your rights, you may submit a report to [E-MAIL FOR ABUSE/IPR]. The report must include:

Identification of the work or right that is allegedly infringed.
Identification of the Content on the Platform that is allegedly infringing, including the URL or other precise reference.
Your contact information (name, address, email, telephone).
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law, and that the information provided is accurate.
Your signature (physical or electronic) or other sufficient identification.

We will process reports without undue delay and may suspend or remove the reported Content while the matter is investigated. The affected uploader will be notified and may file a reasoned counterclaim.

11. Disclaimer

The Platform is provided “as is” and “as available”. To the extent permitted by law, OOOIII disclaims any liability for indirect losses, including operating losses, lost profits, lost data, loss of goodwill and consequential damages.

Dondo is not responsible for Content uploaded by Musicians or for Athletes’ use thereof. OOOIII is not responsible for downtime, technical errors or other interruptions of the Platform that are beyond OOOIII’s reasonable control.

Dondo’s total liability to a User in any given calendar year is in any event limited to the amount paid by that User to OOOIII in the preceding 12 months. This limitation does not apply to liability that cannot be limited under mandatory law, including liability for intentional or grossly negligent acts and product liability.

12. Indemnity

You agree to indemnify OOOIII against any and all claims, losses and costs (including reasonable attorneys’ fees) that OOOIII may incur as a result of your violation of these Terms, your Content or your use of the Platform, including claims brought by third parties alleging infringement of copyright or other rights.

13. Processing of personal data

Dondo processes personal data in accordance with the Privacy Policy in force at any time, which is available on the Platform, as well as in accordance with the General Data Protection Regulation (GDPR) and Danish data protection legislation.

14. Changes to the Terms

OOOIII may update these Terms. Material changes will be notified with at least 30 days’ notice via email and/or notice on the Platform. If you cannot accept the changes, you may terminate your subscription before they take effect.

15. Suspension and Termination

OOOIII may suspend or terminate your account with or without notice if you materially breach the Terms, including repeated infringement of third party rights, manipulation of the Voting System or failure to pay. Upon termination, the License to Use shall terminate for future use and Musicians may no longer upload new Content.

16. Force majeure

OOOIII is not liable for failure or delay in fulfilling obligations under these Terms if this is due to circumstances beyond OOOIII’s reasonable control, including strikes, natural disasters, war, acts of terrorism, pandemic, internet outages or government intervention.

17. Applicable law and venue

These Terms are governed by Danish law, with the exception of conflict of law rules that may refer to the law of another country. Disputes arising from or in connection with these Terms shall be settled by the Copenhagen City Court as the first instance, unless mandatory rules of jurisdiction dictate otherwise, including the consumer’s right to bring proceedings in his or her home court.

Consumers may also file a complaint with the Danish Consumer Complaints Board or use the EU’s online dispute resolution platform at https://ec.europa.eu/consumers/odr.

18. Contact

Questions or inquiries about these Terms can be directed to:
[Dondo Games ApS]
[ADDRESS COMMING SOON]
CVR no.: [COMMING SOON]
E-mail: Hello@oooiii.com