The applicable General Terms and Conditions of Use and more generally the applicable Contractual Documents are those in force when the Mobile Application is first used and at the time of each access to JOXX and apply to all subsequent updates of the Application.
The User declares to have read them and undertakes to respect them without restriction or reservation. The Contractual Documents are subject to modification, in order to take into account any evolution whether it is jurisprudential, legal or technical. The modifications will take effect on the day of their publication on the www. joxx.men website and in any case with each new use of JOXX following the modifications. The Contractual Documents can be consulted at any time from the Mobile Application and the www.joxx.men website.
Presentation of the Mobile Application
JOXX is a Mobile Application published by the company Connection which offers a dating service and a community social network exclusively for male Users.
The countries where the Mobile Application is marketed and offered for download are :
France, Belgium, Luxembourg, Switzerland, Great Britain, Ireland, Norway, Sweden, Denmark, Finland, Netherlands, Germany, Austria, Italy, Spain, Portugal, Greece, Malta, United States, Canada.
JOXX is a registered trademark, the rights to which belong to the company Connection.
The Mobile Application, the graphics, terms, trademarks, and its entire environment are the exclusive property of the company Connection.
Mobile Application: refers to JOXX in its web, mobile, tablet version.
Account or profile: refers to the personal space created by the User via a registration form on the Mobile Application. It enables him/her to access the list of Users, to contact them in writing, audio or video, to read or comment on the information published on the Mobile Application, to receive information, to use the geolocation services, to use the social network functionalities and to subscribe to a subscription formula. Any natural person over the age of majority (according to the legislation in force in his or her country) may create an account and must provide a valid email address that will be used as a login and a confidential password. He/she will be able to access his/her Account as soon as it has been validated. In general, the company Connection reserves the right to refuse the creation of an account if it detects or if it is notified in any capacity whatsoever that the field concerned in the registration form is a clear infringement of the rights of third parties or contains inaccurate information.
Subscription: means any subscription to a paid service offer made available for a fixed price and a fixed or indefinite period on the Mobile Application.
Content: refers to all textual, audiovisual, sound, graphic, photographic and any other type of public content and commentary that is broadcast, available and accessible on the Mobile Application.
Form: refers to the form allowing the User to create an account and/or subscribe to subscription packages.
User: refers to any natural person, whether or not the holder of an account and/or subscription, who has access to the Mobile Application, regardless of his or her location and the terms of his or her connection.
Comment: refers to a public reaction to content published on the Mobile Application by a User in a dedicated space.
Isolation: the User subject to an Isolation procedure can access the application and consult the functions. However, they can no longer interact or communicate with other Users.
Banning: the User who is the object of a Banning procedure can no longer access any of the application’s features, nor open the home screen.
Conditions of access to the Mobile Application
The JOXX Mobile Application is reserved for adult Users with a male gender identity.
The JOXX mobile application can be downloaded in Android format from the website www.joxx.men. The user must be able to accept the download of the application file on his Android-equipped equipment without using his operator’s awning.
Connection to the Mobile Application will be denied to any minor, if JOXX’s services are aware of the User’s age.
A User considered as a minor by the moderation service will be put in Isolation. This User can appeal to JOXX Customer Service to challenge the isolation procedure and prove that he or she is of legal age by providing a valid identity document.
The User confirms and guarantees that he/she is able to use the Mobile Application.
The User acknowledges having been provided, in a legible and comprehensible manner prior to registration, with the Contractual Documents and the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following information:
– Information relating to the company Connection, its postal, telephone and electronic contact details, and its activities;
– Information on the terms of termination and other important contractual conditions ;
– The possibility of having recourse to a consumer ombudsman; and
– Accepted means of payment.
The User acknowledges that given the specificities of the service, he does not benefit from a right of withdrawal from the company Connection at the end of his registration.
When creating his account and throughout the duration of use of the Application, the User undertakes to communicate accurate and reliable contact information and accurate and real geolocation.
A User who uses any means to falsify his or her geolocation coordinates or refuses to transmit them will be denied access to the Mobile Application.
It is the same for any User who is not located in a country where the Mobile Application is marketed for use.
Information such as e-mail address and password allow access to the Mobile Application and registration. The e-mail address also serves as a contact address that can be used by JOXX services, which reserve the right to ask the User for a telephone number for identification purposes and for the execution of the Contractual Documents.
The download and installation of the Mobile Application is a temporary, personal, non-transferable and non-exclusive authorization (license) given by the company Connection to install software on the hardware / terminal of the User, without jeopardizing the full ownership of the software belonging to the company Connection.
The User must ensure the compatibility of his hardware / terminal with the Mobile Application.
The User is prohibited from reselling, subletting, bypassing, disabling, damaging the Mobile Application and/or its features, which are the property of Connection.
The Company Connection has the ability to update, when necessary, the Mobile Application automatically.
Any case of abusive or fraudulent use, non-respect or repeated failure of the Contractual Documents will lead to the temporary or permanent isolation or banishment of the User without notice.
Access to mobile application features and subscription
Part of the Mobile Application’s functionalities and its contents are accessible to all Users free of charge. Another part of the functionalities is accessible to Users who have subscribed to a subscription formula within the application.
A subscription allows you to use all the features available on the Mobile Application.
Subscription features include unlimited access to online profiles, sending video and voicemail messages to private messaging, viewing radar crossovers, invisibility, unlimited blocking of other Users, public gallery extension, private gallery creation, video profiles, news posts, video calling and use of the video streaming channel.
A subscription taken out by a User is taken out on an individual, personal basis and is non-transferable.
All current subscription offers are detailed on the Mobile Application. The offers in force are those displayed at the time the order is recorded.
The subscription rates are :
- Pass One week : 5 euros (incl.VAT) Non-renewable
- Pass 1 mounth : 8.99 euros (incl. VAT) Non-renewable
- Pass 3 mounths : 14.99 euros (incl. VAT) Non-renewable
- Pass 6 mounths: 26.99 euros (incl. VAT) Non-renewable
- Pass 1 year : 48.99 euros (incl. VAT) Non-renewable
Payments are recorded and managed by the User’s account within the application.
The subscription is non-renewable. When its ends access to the paid functions of the application will end at the end of the above-mentioned period. Are the registration of payments and renewal management carried out by a specialized external service provider?
JOXX has no knowledge of data such as credit card numbers. It is up to the User to consult the privacy policies of the service provider responsible for collecting the subscription.
The company Connection reserves the right to modify its tariffs and to invoice certain accesses to parts of its service.
In the event of suspension or deletion of the User account during the subscription, the User will not be reimbursed on a pro rata basis for the time remaining.
In case of suspension or deletion of the User’s account at the initiative of the company Connection within the framework of the application of the Contractual Documents, the User will not be able to claim any refund of the remaining subscription.
JOXX offers promotional offers from time to time. Information on their duration and conditions is available on the Mobile Application.
JOXX accepts no liability for telephone costs related to roaming or geolocation which may be charged by the Users’ telephone operators.
Putting on line the Contents
It is necessary to have an account in order to be present in the list of Users, to contact them and to publish Contents.
The Contents are either public or private.
Public Content is visible to all Users of the Mobile Application. Users who post Content online do so free of charge. The Content posted online is Public Content.
Private Contents are the Contents exchanged between Users through private messaging.
The User is solely responsible for putting his Content online. He expressly undertakes to respect the laws in force and to comply with the Contractual Documents.
JOXX exercises a moderation of Public Content.
Any User may at any time report a User or Content that he or she deems to be contrary to the laws in force, to these general terms and conditions, to the Charter of moderation and the Charter of trust by indicating the reason for the report, via the contact form, or by using the “Report” function on the Mobile Application.
The moderation teams will then process this report, within a short period of time, reserving the right to decide whether or not to follow up on the report received.
The company Connection recalls the following provisions of the law called LCEN of June 21, 2004: “The fact, for any person, to present to the persons mentioned in 2 a content or an activity as being illicit in order to obtain its withdrawal or to stop its diffusion, while it knows this inaccurate information, is punished by a sentence of one year of imprisonment and a fine of 15 000 Euros. »
By voluntarily depositing Public Content in the dedicated areas of the Mobile Application, the User accepts that it will be made publicly readable on the Application and acknowledges that JOXX does not have the technical means to prevent its possible collection and storage by other Users. Their subsequent use outside the Mobile Application is in no way subject to the control of JOXX, which cannot be held responsible for them.
Publication of Contents
The Mobile Application offers the possibility to Users with an account to publish Content, messages or contributions in the form of text, photos, videos. The User expressly guarantees that the published Content complies with the legal provisions in force. The User must have all necessary authorization to use the name, image and voice of each identifiable person, regardless of the nature of the Content.
The Mobile Application reserves the right to publish or not publish any Public Content. By sending it to the User, the User accepts, without compensation, that it is reproduced or represented on the Mobile Application, and on all its derivatives accessible on smartphones, tablets, etc.. The User authorizes the Mobile Application to make corrections and modifications to the Content in order to adapt it to the layout standards of the Mobile Application where it will be published. By sending his Content, the User authorizes the publication of his Content under the conditions mentioned above.
The User of the Mobile Application expressly agrees to be offered Content published by other Users. The company Connection cannot be held responsible for the accuracy, nor for the unpleasant or contravening quality of the Contents proposed by other Users.
Responsibilities of the User
The User is solely responsible for any action carried out under his ID and for all interactions he may have with other Users.
Under no circumstances the company Connection is responsible for information, data, Content, of any kind transmitted, published, distributed and communicated by the User and / or exchanged with other Users.
In case of misappropriation or identity theft, the User has the obligation to notify the company Connection as soon as possible via the contact form available on the Application or on the website.
The company Connection cannot be held responsible in case of misappropriation or usurpation of personal information of a User by other Users.
User communication and security
The company Connection has the possibility to write to Users by email or via the messaging system of the Mobile Application.
The User may receive notifications from the Mobile Application directly on his hardware/terminal; he has the possibility, under his responsibility, to suppress the receipt of these notifications from the control centre of his hardware/terminal.
For the security of the Users of its Application :
- The company Connection reserves the right to isolate or banish a User contravening the Contractual Documents.
- The company Connection may analyze by all automatic means at its disposal, the Contents published on its Application.
- Any user can report a profile, post or comment to the JOXX Moderation Service.
JOXX customer service can be reached directly from the contact form in the Application or from the website www.joxx.men.
A charter of trust is applicable to all Users in order to create and benefit from a space of user-friendliness and exchanges as secure as possible.
Availability of the Mobile Application and its functionalities
The company Connection undertakes to make every effort to ensure the availability of the Mobile Application.
In principle, the Mobile Application is accessible 24 hours a day, 7 days a week, except in the event of an interruption, scheduled or unscheduled, for maintenance purposes, or in the event of force majeure, in the event of unavailability of the electronic communications and telecommunications networks or difficulties affecting the User’s telephone or its connection to the telecommunications and electronic communications networks.
In addition and in any event, Connection is subject to an obligation of means, and shall not be held liable for any unavailability, failure of the Mobile Application and its use by the User and for any damage or prejudice resulting from the provision of the Mobile Application of its use or its non-use or its contents.
The functionalities offered to the User require the activation of geolocation and GPS operation in the parameters of his phone. The User acknowledges that he has the option of removing his geolocation at any time by modifying the parameters of his phone, as this modification may result in the inaccessibility of certain functionalities of the Mobile Application.
The User undertakes to provide valid GPS data that has not been modified by the intervention of the User or a third party. False GPS coordinates or coordinates detected as false will prevent the proper functioning and availability of the Mobile Application.
The company Connection under the Contractual Documents is only bound by an obligation of means and is in no way responsible for information, data, Content, of any kind transmitted, published, distributed and communicated by the User and / or exchanged with other Users.
With regard to the provisions of the law of June 21, 2004 called LCEN, the company Connection specifies that its action is limited to the hosting of information, data and Contents of its Users.
As such, the company Connection is not a producer in the sense of Article 93-3 of Law No. 82-652 of July 29, 1982 on audiovisual communication and is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to seek facts or circumstances revealing illicit activities.
In accordance with the law of June 21, 2004 called LCEN, the civil or penal responsibility of the company Connection can only intervene if having been informed of the illicit character of the stored information it did not act promptly to withdraw this information or make access impossible. The company Connection specifies that any person or User has a right of notification provided for in the law LCEN which states :
“Knowledge of the disputed facts shall be presumed to have been acquired by the persons designated in 2 when they are notified of the following:
- the date of notification;
- if the notifier is a natural person: his surname, first names, profession, domicile, nationality, date and place of birth; if the applicant is a legal entity: its form, name, registered office and the body legally representing it;
- the name and domicile of the addressee or, in the case of a legal person, its name and registered office;
- a description of the facts in dispute and their precise location;
- the reasons why the content should be removed, including reference to legal provisions and factual justifications;
- a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or justification that the author or publisher could not be contacted. »
The company Connection specifies that in compliance with the LCEN law, it will promptly inform the competent public authorities of any illegal activities, the LCEN indicating :
“In view of the public interest in the suppression of the glorification of crimes against humanity, provocation to commit terrorist acts and their glorification, incitement to racial hatred, hatred against persons on the grounds of their sex, sexual orientation or gender identity or disability, child pornography and incitement to violence, including incitement to sexual and sexist violence, as well as offences against human dignity, the above-mentioned persons must contribute to the fight against the dissemination of the offences referred to in the fifth, seventh and eighth paragraphs of article 24 of the Act of 29 July 1881 on freedom of the press and in articles 222-33, 225-4-1, 225-5, 225-6, 227-23 and 227-24 and 421-2-5 of the Criminal Code.
To this end, they must put in place an easily accessible and visible mechanism enabling any person to bring this type of data to their attention. They also have an obligation, on the one hand, to promptly inform the competent public authorities of any unlawful activities mentioned in the preceding paragraph which are reported to them and which are carried out by the recipients of their services, and, on the other hand, to make public the resources they devote to combating these unlawful activities. »
If one of the Parties fails to fulfil one of its obligations, the other Party may, fifteen (15) clear days from the date of receipt, or failing this from the date of first presentation of a registered letter of formal notice with acknowledgement of receipt which has remained unsuccessful, terminate the Contractual Documents by operation of law, without notice or judicial or other formality and without prejudice to any other rights or actions, in particular with a view to claiming any damages to which it may be entitled.
Third parties intervening on the Application
The User accepts that the Mobile Application sends him/her commercial messages from third parties outside the Users and the Connection company.
The company Connection will not be responsible for the consequences of these commercial messages on the User, nor for the commercial relations between the User and external third parties.
The company Connection will have the possibility to use the personal data for the purpose of targeting commercial messages but will not transmit to any external third party the personal and individual information of the User.
The User accepts that the applicable legislation is that of the country of the headquarters of the company Connection, or France. The competent courts are those of which depends the head office of the company Connection.
The Parties declare their intention to seek an amicable solution to any difficulty which may arise in connection with the validity, interpretation or execution of the Contractual Documents. In accordance with the provisions of Article L.616-1 of the French Consumer Code, the Customer is informed that it may in any event have recourse, free of charge, to conventional mediation (L612-1 of the French Consumer Code) or to any other alternative dispute resolution method in the event of disputes.
A: Force majeure
- The responsibility of each party will be released in the event that it becomes impossible for it to execute part or all of its obligations due to the occurrence of events having the character of force majeure as usually retained by the jurisprudence of the Court of Cassation and the Courts of Appeal.
- The party who invokes force majeure must notify the other party by registered letter with acknowledgement of receipt, indicating the reasons for the impossibility.
- If the force majeure lasts for more than thirty (30) days, this contract may be terminated by either party, without this termination being considered to be at fault.
- In such a case, the termination must be notified by registered letter with acknowledgement of receipt and will take effect on the date of receipt of the said letter.
The provisions of the Contractual Documents shall be interpreted in relation to each other and in the interest of their purpose.
In case of difficulty of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the clauses of the Contractual Documents and any of the clauses, the headings will be declared non-existent.
D: Partial invalidity
If one or more stipulations of the Contractual Documents are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, they shall be deemed to be unwritten but the other stipulations of the Contractual Documents shall retain their full force and scope.
E: No Waiver
Subject to mandatory rules of law relating to limitation, the failure of a party to exercise a right or remedy at a time when it would be entitled to do so, or to exercise it only partially, or with irregularity or delay, shall not be deemed to have the effect of limiting the extent of such right or remedy or to constitute a waiver of such right or remedy or of any other right or remedy, and shall not entitle the other party to refuse to perform all or any part of its obligations in good time.
The parties expressly agree that the language governing the Contractual Documents is French.