Terms of Use

Terms of Use


The JOINTIUM platform allows you to make new friends, connect with family, socialize, share files, share photos, share audio & videos, chat, make audio/video calls, play games, buy and sell in marketplace, organize crowdfunding campaign and more.

The JOINTIUM is developed and operated by AFRICUNIA, a United Kingdom registered company.


I. ACCEPTANCE OF THE PRESENT TERMS & CONDITIONS

By registering on JOINTIUM, you acknowledge that the use of this service is subject to the JOINTIUM’s Terms of Service that you must accept in order to use our services. The use of our services means that you agree to these Terms. These Terms include the provisions of this document as well as those of the Privacy Policy.

The content of these Conditions may vary from time to time, notably to take into consideration any changes of applicable laws. Any changes will be brought to your attention for their careful review. The continued use of the JOINTIUM platform following notice of any changes constitutes an express acceptance of the amended JOINTIUM Terms of Use.


II. CREATING YOUR USER PROFILE

1.     II.1 If you are under age 13, you are not permitted to use the JOINTIUM platform. If you are between 13 and 17 years old, you are not allowed to create a user profile without the permission of your legal representative.


If you are the legal representative of a minor JOINTIUM user and you want to contact us, send us a message using the online form available on the website www.jointium.com.

2.     II.2 To create a user profile and have access to the JOINTIUM platform, you have to provide us with personal information. You also have to upload a profile picture that represents you. Those personal data need to be provided to access the JOINTIUM platform and its functionalities. 

3.     While creating a profile user, you have to provide us with correct information and do not create an account without your own identity. In the event that your access to the JOINTIUM platform has been suspended, interrupted or somehow blocked or removed you are not allowed to create a new user profile.

4.     Within the framework of the control of the user profiles created on the JOINTIUM platform and the detection of false ages of users, JOINTIUM reserves the right to carry out checks. Thus, in case of reasonable doubt about your age, JOINTIUM will proceed to the analysis of your profile pictures to verify your age and will ask you to (i) send a screenshot of your ID document or school card and (ii) record a short video in which you pronounce 3 random words.


III. PAID SERVICES

1.     The creation of your user profile and the access to the standard features of the JOINTIUM platform is free. To enrich your experience, you can nevertheless subscribe to paid offers, either punctually (to allow you, for example, to increase your visibility on the platform or through a premium subscription that will give you access to additional features upon payment of a monthly fee ("Paid Services"). The characteristics of Paid Services and their prices are specified in the Application.

2.     The purchase process for Paid Services depends solely on the mobile application platform used and on the settings you have selected on your phone. In order to make a purchase, you must, therefore, have a user account on the platform on which you downloaded the JOINTIUM App (Google Play for Android or App Store for iOS). We recommend that you read the terms of use of these application platforms carefully to learn more about the rules applicable to your order. JOINTIUM is responsible in any respect for the content of the paid service purchased, the management of your order and your payment made by the application platform.

3.     Once purchased, the Paid Services do not give the right to any refund, even in case of non-use. In accordance with applicable regulations, when you purchase a Paid Service, you expressly agree to have it available immediately and waive your right of withdrawal regarding this purchase.


IV. INTELLECTUAL PROPERTY

1.     AFRICUNIA is the exclusive owner of all rights relating to the JOINTIUM and, in particular, the right to host, store, use, display, copy, modify, adapt, publish, edit and distribute all or part of the constituent elements thereof, in particular, and without limit: the brands, logos, designs, animations, videos, images, text, data and databases, computer code, and content published or presented on the JOINTIUM App or the websites and services belonging to AFRICUNIA. Thus AFRICUNIA is also the sole owner of rights to the brand JOINTIUM.

Any copy, reproduction, representation, use, distribution, or reutilisation of these elements without the authorisation of AFRICUNIA is liable to legal proceedings, in particular for trademark infringement.

2.     The reproduction, amendment, modification (of any kind), distribution, sale, rental, reverse engineering, or creation of derivative work of the JOINTIUM App and/or any other constituent element (including website, software or source code) is prohibited without the authorisation of AFRICUNIA and/or of the applicable regulations.

3.     By the sole means of allowing the download and use of JOINTIUM, AFRICUNIA grants users, anywhere in the world, a personal, free, non-transferrable and non-exclusive authorisation to access and use the JOINTIUM App for private use. Downloading and/or using the JOINTIUM App does not confer any rights (intellectual property or other) over the JOINTIUM App.

4.     The JOINTIUM App may be subject to change and may be modified at any time. Some functionalities or services may be added or deleted by AFRICUNIA at its sole discretion. No guarantee of any sort, either express or implied, is given with regard to the content, the services or functionalities of the JOINTIUM App, either with regard to their existence or their operation.


V. CONTENT PROVIDED BY THE USER

1.     When you create your profile or you use the JOINTIUM App, you will be required to send, receive or create content, consisting of, in particular, information, photos, and/or videos.

2.     For the operation of the JOINTIUM App, and the provision of services linked to the JOINTIUM App, you grant us, for the entire world and for the period during which these General Terms of Use between you and AFRICUNIA are in force, free authorisation to host, store, reproduce, display, publish, translate, adapt, sublicence, and/or use, for the purposes of services relating to the JOINTIUM App (I) any content exchanged within the scope of the use of the JOINTIUM App, as well as (ii) your user name, your voice, and/or your image, as it is reproduced, where applicable, in said content.

For the same purposes and exclusively for those purposes, you give similar consent to use any content generated within the scope of the JOINTIUM App (in particular within the Live Chat service) which you may have broadcast publicly through a third-party or parties. In the context of this authorisation, you agree that AFRICUNIA may, for instance, use this content for the promotion of the JOINTIUM App on Social Networking sites on which this content has previously been broadcast by us. We remind you that you are not authorised to:

o    Post unsolicited commercial communications, or collect information, data, or content belonging to other users without their consent;

o    Post content or broadcast any message that infringes on the rights of third parties (in particular to their intellectual property rights), which may be of a pornographic, discriminatory, racist, violent, defamatory, or sexual nature, and/or which may constitute bullying or intimidation of other persons. To this end we remind you that any photos of a pornographic, exhibitionist, or indecent nature are formally prohibited. Any publication of this nature constitutes an offence liable to deletion of user account from which they originated, without prejudice to criminal proceedings which may arise therefrom;

o    Use the name, the voice or the image of any person without their permission;

o    Modify the operation of the JOINTIUM App or inhibit its access;

o    Use the JOINTIUM App in an illegal, dishonest, malicious and/or discriminatory manner.

3.     Any manifestly illicit content which may be brought to our attention within the conditions required by law and/or which we judge to be in contravention of these General Terms of Use shall be deleted.

This same shall apply in the case of an injunction to that effect by an authorised administration or jurisdiction.

4.     The user accepts entire responsibility for any action, content, information or data which they may upload, download, post, send, or keep within the scope of the use of the JOINTIUM App. They will be required to compensate AFRICUNIA for any damages, losses or expense caused by their words or actions.

5.     The user accepts entire responsibility for any action, content, information or data which they may upload, download, post, send, or keep within the scope of the use of the JOINTIUM App. They will be required to compensate AFRICUNIA for any damages, losses or expense caused by their words or actions.

6.     For reasons of security and public order, we may keep, for a reasonable period in compliance with applicable regulations, a copy of content shared by the user, even where the user may have deleted their account or where said content may have been deleted from the JOINTIUM App.


VI. YOUTUBE FUNCTIONALITY PROVIDED

When you make live video from your user profile, you have the ability to view and share live YouTube video. Search suggestions and the YouTube search bar are accessible directly from the JOINTIUM App.

We recommend that you carefully read the YouTube Terms of Service to learn more about the policies that apply when using this platform, as well as the Google Privacy Policy with regard to the processing of personal data.


VII. NOTIFICATIONS/REPORTS

1.     Notification of illicit content

In our quality as host, we are not under a general obligation to monitor the information that we store. You nevertheless have the possibility to notify us of content you consider illicit. To be taken into account, any notification should be addressed by registered letter with proof of delivery to:

AFRICUNIA – Safety Center
College House,
2nd Floor, 17 King Edwards Road,
London HA4 7AE,
United Kingdom

 

To be valid, this notification must contain the following elements:

o    The duly completed notification form available on the site www.jointium.com

o    A copy of the correspondence addressed to the author or editor of the litigious information or activity requesting they cease, remove or modify that content, or proof that it was not possible to contact the author or editor.

Only complete notifications will be considered valid.

You retain the right to notify the competent authorities of any content you consider illicit.

2.     Reporting content constituting an affront to human dignity – offences

In compliance with the relevant laws on confidence in the digital economy, we are participating in the fight against the following offences:

o    Distribution of images of child pornography;

o    Apology for or denial of crimes against humanity

o    Distribution of content promoting discrimination, hate or violence against a person group of persons by virtue of their origin, sex, sexual orientation or identity, or disability;

o    Distribution of message of a violent or pornographic nature, or which constitute an affront to human dignity, or which encourage minors to participate in games which may place them in physical danger accessible to minors, when this content is liable to be viewed or accessed by a minor;

o    Incitement to, or apology for terrorism;

o    Incitement to suicide.

We have put in place an easily accessible means of alerting us to any content of this nature of which you may become aware within the scope of the JOINTIUM App.

Simply complete the report form found on the website www.jointium.com, as well as in the JOINTIUM App.

3.     Reporting inappropriate content

In order to allow comfortable, safe use of the JOINTIUM App, we have also put in place a system of community moderation that allows you to report any content you feel is inappropriate.

If you want to report the content of a user profile that is not one of your friends, click on the “…” icon and select one of the options.

If you want to report the profile of a user who is one of your friends, click on the “…” icon for profile of that friend and select one of the options.

This system is designed to improve your user experience with the JOINTIUM App but does not remove your duty to respect the regulations applicable in terms of, in particular, reporting illicit and offensive content as mentioned in VI.1 and VI.2 above.


VIII. PERSONAL DATA

AFRICUNIA places a great deal of importance on the protection of its users’ privacy. The Personal Data of JOINTIUM users are processed in accordance with our Privacy Policy.


 

 IX. LIMITATION OF LIABILITY

1.     We make every effort to ensure the JOINTIUM App made available to you is secure and free from errors. However, you use it at your own risk.

Furthermore, we give no guarantee as to the absence of errors, interruptions to service, slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the JOINTIUM App, in particular as a result of events on the internet.

AFRICUNIA cannot be held liable in case of disturbance, malfunction, or reduced access to the JOINTIUM App resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user. Furthermore, AFRICUNIA cannot be held liable for any event attributable to a case of force majeure.

Access to and use of the JOINTIUM App may be temporarily interrupted due to maintenance or technical updates.

2.     AFRICUNIA accepts no responsibility for the indirect, specific, collateral or punitive consequences, loss of income, data or any other loss resulting from the access and use of the JOINTIUM App, its content and/or the illicit use by a third-party of the data or other rights of a user.

3.     Any violation of these General Terms of Use or any use which may present a risk (legal, technical or other) may result in the deletion of the profile of the user which is the origin thereof. In the case of any dispute, AFRICUNIA is free to decide to block or deactivate the profile of a user and thereby their access to the JOINTIUM App, and this at the sole discretion of, and without prior notice by AFRICUNIA.

Each user is free to terminate their relationship with AFRICUNIA relating to the JOINTIUM App. They simply need to delete their user profile.

Each user is responsible for the information they provide and the content they distribute during their session and use of the JOINTIUM App. The information provided must be accurate, up-to-date, and a true reflection of reality. The content provided by users must be lawful and must not infringe upon the rights of third parties. AFRICUNIA cannot be held liable for inaccuracies or the erroneous character of content provided by the user and any consequences which may arise as a result.


X. DIVISIBILITY AND WAIVER

That a condition within these General Terms of Use is declared null, invalid, or non-applicable shall have no effect on the validity and applicability of the other conditions and shall not exempt the user from their duty to comply therewith.

The failure to demand the execution of a condition in these General Terms of Use, or to do so belatedly shall not be interpreted as a waiver on the part of AFRICUNIA to demand the respect of that condition by the user or a third-party.


XI. COMPETENT JURISDICTION – APPLICABLE LAW

For any claim or dispute, the user is invited to contact AFRICUNIA in the first instance in order to allow an amicable solution to be found.

In accordance with the relevant consumer code, AFRICUNIA subscribes to the various Mediation services.

The user can call upon these services on condition of having previously contacted AFRICUNIA directly at the address indicated in preceding paragraph. Following this preliminary procedure, the user may contact the mediation service for any dispute with AFRICUNIA not resolved with the latter.

In accordance with article 14 of Regulation (EU) No.524/2013, the European Commission has implemented an online dispute resolution service allowing the independent settlement of online disputes between consumers and professionals within the European Union by extrajudicial means. This service can be accessed at the following address:

https://webgate.ec.europa.eu/odr/

The general terms of use are subject to United Kingdom law. Any dispute not resolved by the means indicated above shall be subject to the corresponding competent jurisdiction at the court in the place of residence of the user within one of the Member States of the European Economic Area.

Last updated: 07 October 2020