(last updated 01/2024)
General terms and conditions of the Feelment service:
- Contract period
- Technical requirements of the customer's environment
- Device service
- Liabilities and liability for damages
- Customer and technical support
- Payment terms
- Trial use of the service
- Copyright and public performance
- Content and possible restrictions and measures
- Third party applications and services
- Content protection
- Feelment application and software
- Transferring access rights
- Determining the price of Feelment services
- Viihdeväylä's right to suspend and/or cancel the provision of the service
Specific terms and services:
- Ruutu + -service
- MTV Sport -service
The Feelment Service is a package of services consisting of individual services of the Customer's choice. The service currently includes optional background music, sports channel, karaoke and advertising display services.
The Feelment Service and the individual components of the service constitute a professional content service. The Service is primarily intended for professional use, i.e. the Customers who have access to the Service are primarily businesses and traders who use the Feelment Service and the content provided by the Feelment Service in their own business and commercial activities by presenting and providing the content of the Service to their own customers in the identified places of use.
The Customer of the Feelment Service is not entitled to resell the Service or any part thereof or otherwise provide the content of the Service for any resale or private consumer use.
The right to use the Feelment service is valid from the moment you subscribe automatically for a subscription period of one month at a time, and continues thereafter indefinitely for a new subscription period of one month at a time.
The service can be terminated at the end of the subscription period (month) paid for. Cancellation must be made 14 days before the end of each subscription period.
If a deadline is agreed for a service or part of a service, it will be stated separately on the service order form. The service for a limited period continues beyond the limited period for an indefinite period.
If the Customer wishes to terminate the contract in the middle of a prepaid subscription period, the Customer is not entitled to claim and receive a refund of the subscription fees already paid for the period paid.
The customer is responsible for ensuring that the service is used only at the location indicated to Viihdeväylä. The place of use must be notified to Viihdeväylä's when the Customer places an order. The Feelment Service is only available via one (1) connection at a time, unless otherwise agreed between the Parties in special cases.
Sports channel content may not be shown at events/situations where participants are charged an admission fee or an equivalent participation fee.
The Customer shall not be entitled to make any physical or digital copies or recordings of the content on the Service by any technology. Nor does the Customer have the right to delete any content included in the Service.
Unless otherwise agreed between the Parties, Viihdeväylä may control that no other content or service is used in the Feelment Service used by the Customer other than that which the Customer has obtained through the access rights acquired and subscribed to the Feelment Service.
Viihdeväylä has the right to remove from the Feelment Service all third-party content and material that is not covered by the Feelment Service. Viihdeväylä may take these measures without prior notice. Viihdeväylä also has the right to take legal action, if necessary, to remove any content that does not belong to the Feelment Service from the application used by the Customer.
The customer has a general obligation to ensure that customer information is kept up to date.
Technical requirements of the customer's environment
The user of the Service must acquire a sufficiently fast Internet or broadband connection in order to be able to use the Service in good quality. It is highly recommended to use a broadband connection with at least 4G mobile technology.
For sports content services, broadband access requires a minimum download speed of 10 megabits per second per sports channel. If the Customer uses a slower connection speed than this, Viihdeväylä takes no responsibility for the quality and functionality of the Service.
The Customer of the Feelment Service declares that they are aware of the scope and limitations of the Internet and broadband network. Viihdeväylä is therefore not responsible for any disruption in the availability of the Feelment Service due to telecommunication failures or if the Feelment Service is temporarily or permanently unavailable due to obstructions, interruptions and disruptions in the telecommunication networks.
The Customer of the Feelment Service also expressly agrees to ensure that any external software and/or hardware used by the Customer does not contain viruses, malware or other similar malicious functions that could affect the security and use of the Feelment Service, either by the Customer or other users of the Feelment Service or by the provider (Viihdeväylä) of the Feelment Service. The Customer shall be liable to Viihdeväylä for any financial and physical damage caused by such external software and/or hardware, if the above duty of care has been breached. This liability applies to both direct and indirect damage.
The customer can also purchase the Device Service as one of the services. The Device Service includes a computer or tablet that meets the Customer's needs and the necessary connection cables (total hardware). Viihdeväylä is responsible for the maintenance and normal wear and tear of the Device Service and Hardware. The ownership of the equipment shall remain at all times with Viihdeväylä.
The equipment can also be replaced by another type if the need changes. The customer is responsible for the use of the delivered machine only for the Feelment service, and no other software or equipment may be installed on the machine without the written consent of Viihdeväylä. The Customer of the Feelment Service also expressly agrees to ensure that the hardware does not contain viruses, malware or other similar harmful functions that could affect the use of the Feelment Service, either by the Customer itself or by other users of the Feelment Service or by the service provider to Viihdeväylä.
The customer is responsible for damage caused to the equipment by external factors such as fire, burglary, electrical breakdown and theft.
In the event of a broken machine, Viihdeväylä will deliver a replacement device by post free of charge. The customer commits to return the defective device to Viihdeväeväylä's Pello office within 7 days. A return card will accompany the replacement device. The replacement of the machine and postage costs are free of charge for the Customer. If the equipment has not been returned within 7 days, Viihdeväeväylä has the right to charge the rent for the equipment service on a monthly basis until the equipment is returned.
If the returned equipment is found to be faultless, Viihdeväeväylä has the right to charge 100 € + VAT (cost 06/2023).
Liabilities and liability for damages
Viihdeväylä is not liable for any consequential damages caused to the Customer. Viihdeväylä is not responsible or liable to compensate the Customer for any damage caused by the malfunctioning of the Service, interruptions of use, blocking of use, errors or deficiencies in the Service or the termination of the Service or any part thereof, nor for any faults or malfunctions in the Customer's own equipment or software.
Viihdeväylä is responsible for the content it produces for the Service. Viihdeväylä is not responsible for the content or reliability of external content producers and suppliers.
The liability of Viihdeväylä for any damages is limited in all circumstances to the maximum amount of the subscription fee paid by the Customer for the use of the service for one (1) month. Damages must be claimed individually and in writing from Viihdeväylä within one month of the date on which the Customer discovered or should have discovered the basis for the claim.
Customer service and technical support
The Entertainment Channel provides customer service on issues related to billing, purchasing, managing and terminating services from 9 a.m. to 4 p.m. on weekdays.The customer service can be reached on 029 1234 121 or by e-mail at firstname.lastname@example.org. In addition, customers can manage the services they use from their own website using their Feelment IDs.
Technical support is provided by telephone and remote access every day of the year from 9 a.m. to 11 p.m. Technical support can be reached on 029 1234 122 or by email at email@example.com. Support requests sent by e-mail will be answered on weekdays between 9 am and 5 pm.
In addition, we offer a support website at help.feelment.com to assist you.
Viihdeväylä always informs the Customer in good time in advance of any contact information changes in its customer service.
The Customer Service will endeavour to respond to requests immediately when contact is made during the opening hours of the Customer Service. At other times, Customer Service will use its best endeavours to respond to requests within a reasonable time, but cannot guarantee that they will be dealt with within the time expected by the Customer or that the Customer will always be fully satisfied with the response received.
Viihdeväylä has the right to advertise within the Feelment App and Service, in all Services and parts of the Services provided. This advertising may include both Feelment's own and third party advertising.
The customer can also acquire from the Feelment service its own form of advertising service, which is used by a business or trader to advertise within its own organisation (for example, several restaurants of the same restaurateur). The advertiser (Customer) is then responsible for ensuring that the individual advertisement (commercial communication) distributed and displayed through the Feelment service does not infringe the copyright, trademark or other rights of any right holder in the work, copy or performance to which the advertisement relates, or any mandatory advertising legislation. The customer is also responsible for ensuring that all necessary permits for the display of the advertisement are in place.
An individual advertisement must not be contrary to good marketing practice or to consumer protection law. Advertising must also take into account any specific legislation that may apply to each product, in particular legislation and guidance relating to advertising of the product.
Viihdeväylä always has the right to decide in each individual case whether or not to display an individual advertisement on the Service.
The advertisement distributed and displayed on the Feelment service must also be easily recognisable as an advertisement and the name of the advertiser must be included in the advertisement.
Order payments for the use of the Service are paid and settled primarily in the online shop by Visa, Visa Debit, Visa Electron, MasterCard and Debit MasterCard cards. The online shop uses the international Verified by Visa and MasterCard SecureCode authentication services. Your payment is transmitted by Stripe. Stripe forwards the payment card payment made by the customer directly to Viihdeväylä. The card payment is made securely via a secure payment form and no payment card information is stored in the e-commerce systems.
The guarantees given by Viihdeväylä regarding secure payment are the same as the guarantees given to Viihdeväylä by the payment service providers concerned.
As an alternative to online shopping, the Customer has the option to enter into a verbal billing agreement with Viihdeväylä. Viihdeväylä decides on a case-by-case basis whether to accept the billing agreement. Viihdeväylä has full right to check the Customer's creditworthiness on commonly used services. A default entry in the credit file always prevents the possibility of an invoicing agreement. Viihdeväylä has the right to change the payment method of the Customer who has concluded an invoicing agreement to a card payment or any other payment method assigned to the Customer. Viihdeväylä has the right to transfer/sell the Customer's overdue receivables to a third party, for example for further collection.
Trial use of the service
The Customer has the possibility to activate the Services on a trial basis for the periods offered by Viihdeväylä. During the trial period, the features of the Service may be limited by Viihdeväylä and the Service Content may not be available in the normal content range of the individual Service. The activation of a Trial Period does not automatically bind the Customer to subscribe to the Service after the Trial Period.
Copyright and public use
The use of the Feelment Service in public or non-public use in a large closed circuit always requires the Customer to enter into a separate performance royalty agreement, obtain permission and pay royalties for music and sound recordings with Teosto and Gramex. For more information on this, please contact GT Music Licensing, representing Teosto and Gramex. Otherwise, the Feelment service is licensed as a legal service provider for the content it provides for the commercial use of music, Karaoke and TV programmes. Feelment also allows for the separate purchase of a so-called copyright-free music service, which fully exempts the Customer from performance royalties to Teosto and Gramex. In this case, the music copyrights are already directly licensed.
Content and possible restrictions and measures
The Karaoke, music and sports channel content provided in the Feelment service are based on the licence agreements in force between Viihdeväylä and the rights holders and the content of the services may therefore change. Viihdeväylä cannot therefore guarantee the availability of a particular individual song (tune/recording) and/or artist and band performance or sports content used in the Karaoke or music services through the Feelment service selection.
Viihdeväylä also cannot guarantee that a particular song (tune/soundtrack) or its performance or sports content will be available on the Feelment Service forever. Viihdeväylä is not liable for the possible removal of content or parts of content from the Feelment service, if the removal of the service content or part of it is due to the actions and requirements of the various right holders and content producers or the current offer.
The general structure, various elements and content of the Feelment Service - including, for example, logos, domain names, musical compositions and various audiovisual works related and connected thereto, images, texts, Title and Display names, as well as the names and copyright information of musical compositions, Karaoke works, sound recordings and their performances, performers and recordings, all of the above also in metadata format - are the property of Feelment and its licensors.
As a rule, Viihdeväylä acquires various content and rights from external rights holders or their representatives. Viihdeväylä is therefore obliged to report to the right holders or their representatives on the content used in the service and the amount of use in various individual ways. This information may also be provided on a site- and Customer-specific basis. This reporting is intended to ensure that compensation accounts are allocated as accurately as possible to the rightholders of the content used on the service.
Viihdeväylä also has the right to use and create various statistics, analyses and reports from the Service and Customer usage data for its own operations; for example, various TOP and weekly lists of content usage.
Third party applications and services
The Feelment Service may include or otherwise use third party applications and content services to provide services. The use of such third party applications and services may be subject to additional terms and conditions or policies of their own. Viihdeväylä therefore does not warrant or make any legal representation that these third party applications, devices and services will always be fully available and compatible with the Feelment Service in general.
The Customer of the Feelment Service acknowledges and accepts that the Karaoke, audio, video and any other recordings and program content made available to them on the Service are protected by various technical measures developed and installed by Viihdeväylä with the purpose of preventing or restricting unauthorised use of the recordings and service content or any other use contrary to these Terms.
The Customer of the Feelment Service commits not to dismantle and/or bypass these technical safeguards. So-called fingerprints or digital watermarks may also be used as protection measures, whereby the use of the content can be linked to an individual Customer to the accuracy of individual works and performances. The various means of content protection are designed to prevent misuse.
The Customer is responsible in all circumstances for ensuring that the content used and provided on the Feelment Service (in particular Karaoke, audio or video recordings) is not altered or modified in any way by the Customer or any third party. Any modification or alteration of the content and/or functions of the Feelment Service in any way whatsoever is expressly prohibited by means of artificial intelligence applications or artificial intelligence functions.
In particular, the Customer is responsible that the content (in particular Karaoke, audio or video recordings) expressly included in the service purchased by the Customer will not be disclosed, used or exploited in any way as source material for any AI application or AI function.
Feelment application and software
Transferring access rights
If the Customer loses or a third party unlawfully obtains access to the Customer's Feelment service usernames, the Customer must inform the Entertainment Channel without delay.
However, the Customer has the right to transfer the right to use the Feelment Service if it is a transfer of the Customer's business and the right of use is an integral part of the transferred business and the recipient of the transfer of the right of use is also the new owner or holder of the transferred business.
However, Viihdeväylä has the right to check the creditworthiness of the new right holder, and Viihdeväylä has the right to decide on the applicable payment method and payment terms (see Payment Terms above for more details).
Determining the price of Feelment services
The prices of the services are indicated in a separate price list. VAT is always added to the prices indicated.
For certain services, pricing may be based on the number of customer places/seats. The number of customer seats is primarily determined by the number of customer seats as stated in the liquor licence. For example, if a TV broadcast is shown and can only be viewed and/or listened to in a strictly limited space (e.g. a cabinet, sauna, vip room or other dedicated studio), an exception to the number of customer seats may be applied for. An exception can be requested with a floor plan and a verbal justification from our customer service: firstname.lastname@example.org .
If the inspection reveals or Viihdeväeväylä otherwise becomes aware that the number of customer seats has been incorrectly reported, Viihdeväylä has the right under this agreement to charge the subscriber double the compensation between the incorrect number of customer seats and the number of customer seats found during the inspection. The compensation shall be calculated retroactively from the first contract concluded.
Viihdeväylä is not responsible for the connection and telecommunication costs (e.g. Internet/broadband) related to the use of the Feelment service. These costs will in all situations be borne in full by the Customer.
Viihdeväylä's right to suspend and/or cancel the provision of the service
Viihdeväylä has the right to immediately suspend the Customer's right to use the Feelment Service or cancel the Customer's subscription to the Feelment Service without notice or refund, without prejudice to the right of Viihdeväylä to claim damages from the Customer if the Customer of the Feelment Service:
- fails to take due account of (or infringes) the various intellectual property rights of the right holders of the content of Viihdeväylä or the Service or of the owners of the various applications used to provide the Service;
- does not obtain the necessary licences under copyright law for the public performance of musical compositions (including Karaoke recordings) or does not pay the royalties provided for in copyright law for the public performance of phonograms;
- disassemble, bypass or attempt to bypass any technical protection measures imposed by Viihdeväylä, or make unauthorised new recordings or copies of the content of the Service;
- make the content of the Service available to artificial intelligence applications or functions, or change/modify the content of the Service;
- use the service at a different location from the one notified to Viihdeväylä;
- provide false or misleading information when subscribing to the Feelment service;
- fail to pay all or part of the subscription fee.
In the situations described above, Viihdeväylä has the right to suspend the Customer's right of use as soon as the reason for the suspension becomes known, without separate notification.
If the subscription fee is not paid in full or in part, Viihdeväylä may suspend the Customer's right of use immediately on the day following the due date of the subscription fee in question without separate notification.
The Customer must complain to Viihdeväylä about any defect or lack of service within the scope of Viihdeväylä's responsibility. The Customer must submit the complaint to Viihdeväylä within seven (7) days after the reason for the complaint was discovered or should have been discovered (for example, a technical fault in the equipment prevents the use of the equipment and thus the Service).
We use our best skills and exercise reasonable care to keep the Feelment service up and running and provide a pleasant user experience. However, our services and their availability may change from time to time.
Viihdeväylä reserves the right to change the Feelment subscription prices from time to time. The Customer will always be notified in advance of any price changes and extensive changes to the Service. The price change will take effect on the date notified, but not before the expiry of the prepaid right of use. In practice, price changes may be based, for example, on changes in the general cost of living and income levels or price changes by third party content providers. Any increase in the VAT rate will be automatically and immediately passed on to the Feelment prices.
If the Customer does not accept the price changes notified by Viihdeväylä, the Customer may cancel the subscription. The cancellation will take effect at the end of the paid subscription period. If the Customer does not cancel the subscription, the amended terms and conditions shall enter into force 1 (one) month after the notification of the change of terms and conditions has been sent to the Customer at the e-mail address provided by the Customer.
Viihdeväylä has the right, without any obligation to pay compensation, to suspend the Customer's access to the Service or otherwise interrupt the provision of the Service if it is necessary, for example, to develop or modify the network or the Service, to correct defects and faults, to secure telecommunications or for other types of maintenance or servicing, or for legal, regulatory or other similar reasons.
Viihdeväylä has the right to suspend the Feelment Service temporarily without notice or compensation if such action is necessary to perform necessary maintenance or to ensure the continuity of the Feelment Service. Any interruption of service will be notified immediately in customer communications by e-mail. Viihdeväylä shall also have the right to make any changes and improvements to the Feelment Service that it deems necessary. However, Viihdeväylä guarantees that such changes will not affect the quality of the Feelment Service or significantly alter its features.
If the Customer violates applicable laws or infringes the rights of a third party, in particular intellectual property rights such as copyrights, Viihdeväylä has the right, upon request, to provide information to the competent authority (courts, administrative authorities or police) or to the representative of the right holders monitoring the infringement.
Unless the Customer objects with evidence in rebuttal, the traffic data stored in the information systems of Viihdeväylä or its partners, protected by reasonable security measures, will be considered as evidence of the communication, orders, confirmations and payments between Viihdeväylä and the Customer. Such data and transactions will be considered as valid evidence between the Customer and Viihdeväylä unless the Customer is able to provide a reliable counter-evidence.
In the first instance, any disagreements will always be resolved amicably through negotiation between the parties. Disputes arising under this Agreement shall be finally settled by arbitration in accordance with the Expedited Arbitration Rules of the Central Chamber of Commerce.
However, the Central Chamber of Commerce Arbitration Board may, at the request of a party, decide that the dispute shall be resolved in accordance with the Central Chamber of Commerce Arbitration Rules instead of the Expedited Procedure Rules, if the Arbitration Board considers this appropriate taking into account the value of the dispute, the complexity of the case and other relevant factors.
The seat of the arbitration shall be the City of Helsinki, Finland, and the language of the arbitration shall be Finnish. The contract and its interpretation shall be governed by Finnish law.
If the Customer is treated as a consumer, any disputes arising from the contract will be finally settled by the lower court of the Customer's place of residence.
Notwithstanding the above, Viihdeväylä is always entitled to pursue uncontested claims in the district court of the Customer's domicile.
Viihdeväylä has the right to transfer its Feelment Service and its rights, obligations and claims in relation thereto to a third party (for example, in the event of a transfer of a business or transfer of a business) or to transfer any of its contractual claims to a finance company, collection agency or other third party without the Customer's consent.
I Specific conditions for the Ruutu+ service
If the Customer (hereinafter referred to as the User) purchases the Ruutu+ service, the Customer also commits to these special terms and conditions and to the customer relationship with Sanoma Media Finland.
User rights and obligations
You accept the Service and use it at your own risk. You are responsible for the acquisition, maintenance and proper protection of your own equipment, connections and software that may be connected to the Service. While Sanoma will endeavour to ensure that the Service is free of viruses, this cannot be guaranteed. Use of the Service is at the user's own risk and responsibility. Users are advised to always use their own anti-virus software.
The User shall not be entitled to charge a fee for the presentation of the contents of the Service or parts thereof. Any other commercial exploitation and resale of the Service is prohibited.
The user's password and username are personal and may not be disclosed to third parties. The User is responsible for the careful storage of his/her username and password so that they are not disclosed to third parties. The User must inform Sanoma immediately if the User suspects that his/her password has been disclosed to a third party. The User is always responsible for all use of the Service with his/her username and password.
Sanoma's rights, liabilities and limitation of liability
Sanoma will provide the Service in a manner it deems appropriate. The Service is provided to the User "as is" and Sanoma makes no warranties, express or implied, as to the operation or features of the Service and Sanoma does not warrant that the Service will be uninterrupted or error-free.
Sanoma shall be liable to the User for direct damages caused by the fault of Sanoma and proven by the Customer. Sanoma shall not be liable to the User or third parties for other direct damages, damages resulting from the use or inability to use the Service, or indirect damages. Sanoma's liability for all damages shall always be limited to the amount paid by the User for the use of the Service. Damages must be claimed from Sanoma within one month of the date on which the User discovered or should have discovered the cause of action for damages.
Sanoma shall have the right to assign its rights and obligations under the Service.
Price and payment terms
Duration of the contract
The right to use the Service starts immediately after the payment transaction. The User has no right of withdrawal. Unless otherwise expressly agreed between Sanoma and the User, the contract and the right to use the Service are valid until further notice. Both parties have the right to terminate the agreement of indefinite duration. In the event of termination by the Entertainment Channel, a one (1) month notice period shall apply. The User may terminate an indefinite term contract either online at www.feelment.com or by giving written notice of termination to email@example.com. The User's termination shall take effect on the end date of the paid period or at the end of the agreed period. Notice of termination sent by e-mail will be processed within one week of receipt. No new automatic charge will be credited if made before the termination is processed. The fixed term contract and viewing rights are valid for the agreed period.
Sanoma shall have the right, without liability for compensation, to suspend the User's access to the Service or otherwise interrupt the provision of the Service if it is necessary, for example, to develop or modify the network or the Service, to correct defects or faults, to secure telecommunications traffic or for other types of maintenance or servicing, or for legal, regulatory or other similar reasons.
Special conditions for MTV Sport
Use of subscriber data by MTV
Viihdeväylä will provide and report to MTV the information in the report regarding the Subscribers, which will enable MTV to verify that the Subscriber is acting in accordance with the terms of the Subscriber's agreement with the Entertainment Channel. MTV may carry out electronic/other direct marketing of MTV's services to Subscribers based on the information it receives from the report.
MTV has the right to publish the details of the Subscribers' public venues where MTV Sport is available for viewing. MTV has the right to verify that the service is used only in the commercial space for which the contract between the Subscriber and the Entertainment Channel has been concluded, the size of the commercial space corresponding to the size agreed in the contract.
The Subscriber is responsible for the installation of the Service, the proper use of the Service as defined in this Agreement. The Subscriber has no right to sublicense/resell the Service. The Subscriber shall not have the right to modify the content, nor shall the Subscriber have the right to break signal protection or to redistribute the identifiers associated with the use of the Service.
MTV Sport can only be shown in Finland. Any TV series or other "non-sports" content that may be shown on MTV's live channels may not be shown publicly in a restaurant or other public space under this Agreement.
Responsibilities and rights of MTV and Viihdeväylä
MTV and Viihdeväylä are not liable to the Subscriber for any financial or other damages, including transmission interruptions, changes in transmission times or cancellations of matches. All rights to the content or the stream belong to MTV or a third party and the Subscriber has no right to make changes to them.