Table of contents
Users can retrieve this information, and other information that has already been made available, from the operator’s website. Users can also upload texts, images, data, graphics, videos, etc., to the operator’s website. Content uploaded by users can be viewed by other users. Users can also communicate with other users in forums.
In order to enable adults with many different opinions and approaches to life to interact in a straightforward and civilised manner, it is necessary for the operators of the platform to request that users comply with certain rules and procedures.
The operator provides the online JOYclub portal to which users can upload or otherwise add content. Amongst other things, the operator enables such content to be accessed. The contractual service provided by the operator consists in the provision of access - either free of charge or for a fee - to the platform.
Registration on and use of the JOYclub.com website is free of charge. No costs are incurred if the user merely registers and uses the operator’s website as a basic member. Chargeable options are clearly marked as such and can be booked separately by the user if so wished.
The services provided by the operator are aimed exclusively at adult, legally competent persons, legal entities and partnerships. Minors may not register on the operator’s website.
To protect itself against fakes and dubious offers, the operator reserves the right to check user accounts for authenticity and compliance, where there is cause to do so, and to request specific documents from users, for example, photo verification or copies of ID cards. Users are free to decide whether or not to respond to such requests by the operator. Should users fail to provide the requested documents, the operator reserves the right to delete their account.
Members who have been banned from the website may not re-register for any of the services provided by the operator. If users circumvent this ban by re-registering under a new pseudonym, such account details shall be deleted immediately upon detection. Legal action shall be taken against banned former members who repeatedly attempt to re-register; such former members shall bear the costs of any such legal action.
In the event of serious personal attacks, insults, slander, threats or other criminal conduct, the operator reserves the right to involve law enforcement agencies. Any assessment that a situation merits alteration, rejection, deletion, blocking or the issue of a virtual ban, shall be at the discretion of the operator.
Platform services, functions or content may be altered, extended or restricted by the operator at any time. To the extent that this affects chargeable options, the operator shall ensure appropriate compensation is provided.
Communication between users, e.g. by ClubMail, is not monitored by the operator’s moderators. If it is required to do so by law, by court order or by the authorities, the operator may investigate such material and forward relevant evidence to the authorities.
If a user's free account has not been used for more than 3 months, this can be deleted by the operator without further notice. In this event, the operator is not required to store or release data.
Users are required to register free of charge in order to use platform functions. Users must have a valid e-mail address in order to register. Users choose a user name and password as part of the registration process. A personal account (user account) is then set up for them. By registering as a member or creating a profile, the member submits an offer to conclude a User Agreement. The user has no entitlement to conclude such a contract. The conclusion of the contract is confirmed upon successful registration. The wording of the contract is not stored by the operator. Contracts may currently only be concluded in German.
Each person may hold one account only. Couples are permitted to create singles profiles in addition to their couples profile. Commercial providers are permitted to create an additional profile solely for private use. In the event that a user breaches these provisions, the operator reserves the right to delete the user’s accounts.
Commercial providers or users with financial interests must indicate this in their profile and register for the relevant account type. At the operator’s request, the user shall provide proof of his/her capacity as a commercial user, for example by presenting his/her trade licence or similar. In the event of a breach of this requirement, the operator is entitled to delete the account.
Did you book your membership through NetDebit?
If so, you have entered into a contract with NetDebit for the membership booked by you and, as such, the NetDebitcancellation policy, which differs from ours, shall apply.
Right of cancellation
You have the right to cancel this contract within fourteen days without stating any reason for doing so. The cancellation period shall be fourteen days from the date on which the contract was concluded. To exercise your right to cancel, you must notify us,
Germany, E-mail: Customer support contact
of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email). The attached sample cancellation form is intended to help you with this; however, you are not required to use it. The cancellation deadline shall be deemed to have been met if you dispatch the notification of your decision to exercise your cancellation right before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we shall immediately reimburse all payments received from you, including delivery costs (with the exception of additional costs arising as a result of you choosing a delivery method other than the cheapest standard delivery offered by us) within fourteen days at the latest from the date on which we receive notice of your cancellation of this contract. For the purposes of reimbursement, we will use the same payment method as used by you in the original transaction unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for such reimbursement.
Sample cancellation form
If you wish to cancel the contract, please complete this form and return it to us:
To F&P GmbH, Karl-Liebknecht-Str. 12, 04107 Leipzig, Germany
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Consumer signature (only where notification is provided on paper)
(*) Delete as appropriate
End of cancellation policy
Users must only enter truthful, complete and up-to-date information about themselves when registering and providing the minimum content required by the operator’s website. They shall keep such data updated with any changes. The operator must be informed if an account adjustment is required that the user cannot undertake him/herself. If there is legitimate reason to doubt the authenticity of data, the operator may temporarily block an account and request a user to provide proof of authenticity, in order to protect other members from potential fakes. If the user fails to provide the proof requested, the operator shall be entitled to delete the account.
The purpose of passwords is to prevent unauthorised persons from using the website. Passwords should not be disclosed to third parties, must be protected against third-party access and for users' own safety should be changed at regular intervals. The operator will never ask users for their password. If there is reason to suspect that a password is being misused, the user must change it and inform the operator immediately.
All users shall be required to observe the rules published on the operator’s website under “help and support”. These include treating other members in a friendly and respectful manner. All users shall be required to refrain from insulting, threatening or provoking other users or harassing them in any manner whatsoever.
Users shall also be required to call up or use the services provided by the operator only on commonly-used browsers based on the latest technology. Any action whose purpose is or could be to impair, circumvent or hinder the due and proper operation of the services provided by the operator is strictly prohibited. This applies in particular for the following measures/attacks: XSS, SQL injection, CSRF, phishing, DoS, DDos, brute-force, session-capturing, automated or script-controlled access, or other manual or automatic attacks on or interference with the technical infrastructure of the services provided by the operator. The operator shall report any breach of this regulation to the competent law enforcement agencies.
Finally, users shall be required to indemnify the operator and/or companies associated with it, along with employees, representatives, shareholders and vicarious agents of the operator and/or the companies associated with it, against all claims asserted by third parties against the operator and/or companies associated with it, as well as employees, representatives, shareholders and vicarious agents of the operator and/or the companies associated with it, as a result of the infringement of their rights by content published by the user on the operator’s website or due to any other use of the operator’s services by the user. The user shall assume all costs of any legal defence required by the operator, including all court and solicitor’s fees, as soon as it is requested.
By transmitting or uploading content (texts, photos, graphics, videos, etc.), the user hereby grants the operator the simple right, free of charge and unlimited by place or time, to use, modify, present, make accessible, reproduce and disseminate such data on or by way of the abovementioned services.
What does this mean for you?
If you upload photos to your profile, for instance, these will be resized (“modified”) as necessary and displayed to anyone viewing your profile (“reproduced”). All content posted by you will, however, remain your property at all times. No-one may use your content without your explicit consent - either commercially, for the purpose of study or for any other reason.
For reasons of consistency, comments posted by users in the forum cannot be retroactively deleted or changed. Nor can competition-related posts be withdrawn once the evaluation phase has begun.
Users are not permitted to misuse the service provided by the operator, either directly or indirectly, for advertising purposes, i.e. by disseminating to other users phone numbers, e-mail addresses, links, text message numbers or any other means of contact for commercial gain. Sending 0900 service numbers or other premium-rate numbers to other users is in particular prohibited. Users are also prohibited from providing contact details for comparable (commercial or non-commercial) services on the operator’s website. In the event of non-compliance with this agreement, a contractual penalty in the amount of 2,500.00 euros is hereby agreed, to be borne by the user.
Furthermore, users are not permitted to repeatedly create identical or near-identical messages, forum posts or similar. Users are prohibited from uploading racist, discriminatory, vulgar or sexist content, or content featuring pornographic violence or that transgresses standards of public decency, or any other illegal content. All content of this nature shall be deleted or filtered by the operator without further comment.
The operator provides chargeable options on its website. Such options, which are provided by partner companies (e.g. NetDebit), can only be booked, changed or cancelled with these partner companies. The contractual basis is determined by the terms and conditions of business agreed with the partner companies.
The databases and other technical devices provided by the operator reflect the current state of technology. The operator shall endeavour to maximise the availability of the platform. The availability of services provided by the operator may, nevertheless, be temporarily restricted due to problems beyond the operator’s control (force majeure, third-party negligence, etc.) or due to maintenance work. The operator gives no guarantee that its website will be permanently available or accessible and shall not be liable for downtimes resulting from necessary service and maintenance work or from new faults that arise, provided that such faults were unforeseeable and could not have been prevented by an average and conscientious programmer.
Any and all claims for compensation against the operator are excluded, regardless of their legal basis, unless the operator, its legal representatives or vicarious agents are guilty of intent or gross negligence. Liability on the part of the operator for injury to life, body or health and liability under the Product Liability Act shall remain unaffected. In the event of a breach of material contractual obligations, the operator shall be liable for all cases of negligence, however only in the amount of foreseeable damages.
These limitations of liability shall also apply to companies associated with the operator and to the personal liability of employees, representatives, shareholders and vicarious agents of the operator and/or those of the companies associated with it.
The operator respects the rights of third parties and is, as such, interested in preventing the publication of content constituting and infringement by users. Where a user is of the opinion that content infringes his/her rights (e.g. the right to one’s own image, the rights to bear a name. third-party trademark rights) or any other rights, this should be reported to the operator in detail. The operator shall pursue all reports of serious infringements without delay and take appropriate legal action. All cases of misuse shall be penalised.
All rights (copyrights, trademark rights and other property rights) to database work, the database itself and the contents, data and other elements entered in it are owned exclusively by the operator. Any rights of the users to the content posted by them shall remain unaffected.
Copyright notices or other property rights notices on the operator’s website may not be altered.
The contents of the operator’s database may not be used to create a separate database of any kind whatsoever or for the purposes of commercial use of data or the provision of information.
The integration or other connection of the database or individual elements of the database with other databases or metadatabases is not permitted.
German law shall apply exclusively.
With regard to contracts with foreign consumers, mandatory provisions or protection granted by case law to the relevant country of residence shall remain in force and apply accordingly.
The place of jurisdiction for all claims arising from and as a result of the use of the services provided by the operator is Leipzig, Germany, provided the user is a business person (Kaufmann) within the meaning of the German Commercial Code (HGB). The same shall apply if the user transferred his/her residence abroad after the contract was concluded or has no general place of jurisdiction in Germany.