Jokers Terms and Conditions of Use
Welcome to Jokers Terms and Conditions of Use (these “Terms”). This is a contract between you and Suikernonkels VOF (as defined further below) and we want you to know yours and our rights before you use the Jokers website or application (“Jokers” or the “App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!). Please also read our Community Guidelines (which form part of these Terms) and our Privacy Policy.
You should also note that section 11 of these Terms contains provisions governing how claims that you and Suikernonkels VOF have against each other are resolved. In particular, it contains an arbitration agreement that will require disputes between us to be submitted to binding and final arbitration with limited exceptions (such as to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims). You have a right to opt out of the arbitration agreement pursuant to section 11 below. If you do not opt out of the arbitration agreement in accordance with section 11, (1) you will only be permitted to pursue claims and seek relief against us on an individual basis only; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
1. JOKERS RULES
Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:
- be at least 13 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 13; and
- be legally permitted to use the App by the laws of your home country.
Please note that we monitor for underage use and we will terminate, suspend or ask you to verify your Account if we have reason to believe that you may be underage.
You can create an Account via manual registration. For more information about what information we use and how we use it, please check out our Privacy Policy. By using our App, you acknowledge that we may collect and use of your data and information in accordance with our Privacy Policy.
Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.
You’ll have great fun on Jokers, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy.
We use a combination of automated systems, user reports and a team of moderators to monitor and review accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses). For users residing in the European Union (“EU”), we will notify you when we take action against your Account or Your Content (defined below) unless it is not appropriate for us to do so (for example, we are not permitted by law enforcement agencies). For all other users, we may take such action, at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way and unless otherwise prohibited by mandatory laws in the country in which you reside, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. If you believe that we’ve made a mistake in taking action on your Account or Your Content (defined below), you can appeal using the processes outlined within the app or by getting in touch using our support email.
For users residing in the EU, you have additional rights under the Digital Services Act to: (i) access third party out-of-court dispute settlement processes; (ii) seek remedies from the courts in the EU member state in which you live; and (iii) lodge a complaint with your local EU regulatory authority. For users residing in the UK, you have a right under local law to bring a claim for breach of contract if you believe we have breached these Terms by removing, restricting or limiting access to, or distribution of, your Content, or suspending or terminating your account.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
2. TYPES OF CONTENT
There are three types of content that you will be able to access on the App:
- content that you upload and provide (“Your Content”);
- content that members provide (“Member Content”); and
- content that Suikernonkels VOF provides (including, without limitation, database(s) and/or software) (“Our Content”).
There is certain content we can’t allow on Jokers
Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our App. You agree to comply with our Community Guidelines as may be updated from time to time.
We want our users to be able express themselves as much as possible on Jokers, but we have to impose restrictions on certain content which:
- is illegal or encourages, promotes or incites any illegal activity;
- is harmful to minors;
- is defamatory or libelous;
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- shows another person which was created or distributed without that person’s consent;
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, pornographic, violent or otherwise may offend human dignity;
- is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
- contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Jokers or otherwise; or
- in any other way violates our Community Guidelines.
Your Content
You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
Your Content will be visible to your partner - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting. By uploading Your Content on Jokers, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content - if it’s important, you should make a copy.
So that we can prevent the unconsented use of Your Content by other members or third parties outside of Jokers, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of Jokers.
Partners Content
Your partner will also share content via the App. Partner Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Partner Content.
You do not have any rights in relation to other users’ Partner Content, and you may only use other Jokers users’ personal information to the extent that your use of it matches Jokers purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please contact us at support@jokersapp.com
Our Content
You may be wondering what happens to the rest of the Content on Jokers. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Jokers, as well as the Jokers software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
- you shall not use our name in metatags, keywords and/or hidden text;
- you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only.
We reserve all other rights.
No Obligation to Pre-Screen Content.
While we don’t assume any obligation to pre-screen any of Your Content or any Member Content, there may be times where we need to step in to help keep our members safe, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages as set out in these Terms.
3. RESTRICTIONS ON THE APP
You agree to:
- comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- use your real name and real age in creating your Jokers account and on your profile; and
- use the services in a safe, inclusive and respectful manner and adhere to our Community Guidelines at all times.
You agree that you will not:
- act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
- misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
- disclose information that you do not have the consent to disclose;
- stalk or harass any other user of the App;
- use the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or commercial and promotional activity;
- submit appeals, reports, notices or complaints that are manifestly unfounded; or;
- develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Jokers or its services, or otherwise copy profiles and other data from the services.
We don’t like users misbehaving in the Jokers community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. We reserve the right to investigate any possible violations of these Terms, any Jokers user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.
We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.
IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBER-GENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, SUIKERNONKELS VOF MAY INVESTIGATE WHETHER A MEMBER HAS A CRIMINAL HISTORY, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS IDENTIFY A PERSON WITH A CRIMINAL CONVICTION, SUIKERNONKELS VOF MAY USE AVAILABLE INFORMATION TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME PERSON AS THE MEMBER ABOUT WHOM THE INVESTIGATION WAS CONDUCTED. FOLLOWING ANY SUCH INVESTIGATION, WITH RESPECT TO ANY MEMBER THAT SUIKERNONKELS VOF REASONABLY BELIEVES TO HAVE BEEN CONVICTED OF A SEX OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, AND INCLUDING ANY REGISTERED SEX OFFENDERS), OR A CONVICTION FOR HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, SUIKERNONKELS VOF MAY TAKE STEPS TO BLOCK THAT PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS OVER THE PLATFORM. SUIKERNONKELS VOF RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS IN THEIR SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE NOT TYPICALLY UPDATED BY SUIKERNONKELS VOF. ADDITIONALLY, WHILE INVESTIGATIONS FOR CRIMINAL HISTORIES MAY BE CONDUCTED ON SOME MEMBERS, THEY ARE NOT FOOLPROOF AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CHECK FOR CRIMINAL HISTORIES. ANY INVESTIGATIONS FOR CRIMINAL HISTORIES MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. THE CHECKS FOR CRIMINAL HISTORIES THAT MAY BE CONDUCTED BY Suikernonkels VOF ARE NOT A PERFECT SAFETY SOLUTION. CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP TO DATE. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN CHECKS, AND CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS FROM FOREIGN COUNTRIES.
You agree to, and hereby do, release Suikernonkels VOF and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Suikernonkels VOF or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
4. PRIVACY
For information about how Suikernonkels VOF collects, uses, and shares your personal data, please check out our Privacy Policy. By using Jokers, you acknowledge that we may use such data in accordance with our Privacy Policy.
5. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Jokers services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@jokersapp.com.
The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.
6. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY PARTNER.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. SUIKERNONKELS VOF IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. SUIKERNONKELS VOF DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
7. LIMITATION OF LIABILITY
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
8. INDEMNITY
All the actions you make and information you post on Jokers remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- any negligent acts, omissions or willful misconduct by you;
- your access to and use of the App;
- the uploading or submission of Content to the App by you;
- any breach of these Terms by you; and/or
- your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify Suikernonkels VOF for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
9. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe any content on Jokers infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to Suikernonkels VOF Copyright Agent. The Takedown Notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Takedown Notices should be sent to Suikernonkels VOF Copyright Agent at support@jokersapp.com. If you wish to reach out to Suikernonkels VOF Copyright Agent via other methods, you can write to: Suikernonkels, Frankrijkstraat 25x 1755 Gooik Belgium.
10. THIRD PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
- These Terms are concluded solely between you and the Suikernonkels VOF and not with the providers of the Third Party Store, and the Suikernonkels VOF (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
- The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Suikernonkels VOF is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Suikernonkels VOF.
- Suikernonkels VOF, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
- The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
11. DISPUTE RESOLUTION
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. Unless you opt out in the manner described in section 11(10) below, this Arbitration Agreement requires you and Suikernonkels VOF to resolve disputes by binding arbitration instead of in court, and limits the manner in which we may seek relief from each other.
1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any disputes or claims of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) between you and the Suikernonkels VOF arising out of or relating to the Terms, prior versions of the Terms, your use of our App, or any other aspect of your relationship with Jokers, including claims or disputes arising (but not actually filed in arbitration) before the effective date of these Terms. It requires that, and by entering into these Terms you and Suikernonkels VOF agree, that such disputes or claims will be resolved by binding arbitration, rather than in court, except (i) that you or Jokers may assert individual claims in small claims court if your claims qualify; (ii) that you or Jokers may seek equitable relief in court for infringement or misuse of intellectual property rights, and (iii) to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims.
2. Notice of Dispute and Informal Resolution. Before beginning the arbitration process, you and Suikernonkels VOF agree to first notify one another of the dispute in writing at least 60 days in advance of initiating an arbitration. Notice to Suikernonkels VOF must be sent by letter to our registered agent: Suikernonkels, Frankrijkstraat 25x 1755 Gooik Belgium, and must provide your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your Jokers account (if different from your current information); and describe the nature of the claim and the specific relief being sought.
You and Jokers agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute covered by this Arbitration Agreement. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference. During this process, you may be provided with an offer of judgment. A party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the claimant may commence an arbitration in accordance with this Agreement. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.
Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
3. How Do You Start The Arbitration Process? If you and Suikernonkels VOF are unable to resolve the dispute within 60 days, either party may proceed to file a claim for arbitration. To begin the arbitration process, you or Suikernonkels VOF must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name of the claiming party (you or Suikernonkels VOF), your or Suikernonkels VOF mailing address, the email address associated with your Jokers account, and a detailed description of the dispute and the relief sought. Notice to Suikernonkels VOF must be submitted to our registered agent: Suikernonkels, Frankrijkstraat 25x 1755 Gooik Belgium.
4. What Are The Rules Of Arbitration? The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, that that issue shall be determined by Texas law, notwithstanding choice-of-law principles, pursuant to Section 17 of the Terms. The applicable arbitration provider depends on where you live. If you live in California, the arbitration will be administered by ADR Services, Inc. under its most current arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If you live outside of California, the arbitration will be administered by National Arbitration and Mediation under its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2021/12/SupplementalRules12.22.21.pdf. If the applicable arbitration provider is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement, including those described in section 11(8) (Mass Filings), the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules.
The initiating party must pay all filing fees for the arbitration. Your and Suikernonkels VOF’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.
You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Texas state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Suikernonkels VOF will pay the filing fees for you.
5. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severance, (ii) enforceability of any or all of the mass arbitration procedures set forth in section 11(8), (iii) whether you have complied with conditions precedent to arbitration, and (iv) whether an arbitration provider is available to hear the arbitration(s) under section 11(4). The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available in an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Pursuant to and in conformance with Section 17 of the Terms, any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a State or Federal Court located in Travis County, Texas.
6. No Jury Trials. By agreeing to arbitration, YOU AND JOKERS ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. Instead, you and Suikernonkels VOF are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in section 11(1) above. An arbitrator can award the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
7. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND SUIKERNONKELS VOF GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. However, this shall not preclude the use of bellwether arbitrations, global mediation, or batch arbitrations as described in section 11(8) below, nor preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. Only relief that would be permitted in an individual lawsuit is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user, except as provided in section 11(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties , except as provided in section 11(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.
For mass arbitrations before ADR Services, Inc., you and Suikernonkels VOF agree that its mass arbitration fee schedule shall apply, available at https://www.adrservices.com/wp-content/uploads/2022/10/ADR-Mass-Consumer-Non-Employment-Fee-Schedule-Eff-11-5-21.pdf. For mass arbitrations before National Arbitration and Mediation, you and Suikernonkels VOF agree that its mass arbitration fee schedule shall apply, available at https://www.namadr.com/content/uploads/2023/07/Consumer-Fees-as-of-7.1.2023-updated-as-of-7.1.2023.pdf. For mass arbitrations before any other arbitration provider, you agree that its mass arbitration fee schedule shall apply. If the arbitrator does not have a fee schedule for mass filings, then the claims must proceed in court.
If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Travis County, Texas. All other claims shall be arbitrated. This subsection does not prevent you or Jokers from participating in a class-wide settlement of claims.
8. Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against Jokers or related parties by the same or coordinated counsel or entities, or if Suikernonkels VOF asserts 30 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:
- Acknowledgment of Mass Filing protocols. If you or Suikernonkels VOF, or your or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filings subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
- Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor Jokers will be required to pay any such filing fees. You and Suikernonkels VOF also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
- Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the Parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings as described in Subsection 11(7) above, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
- Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Suikernonkels VOF agree that in the event a Mass Filing is not resolved by the Bellwether Arbitration and Global Mediation processes described above, the arbitration provider will (1) administer the remaining arbitration demands in batches of 100 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply.
- Enforcement of Subsection. A Court of competent jurisdiction located in a venue allowed under Section 17 of the Terms and Conditions shall have the power to enforce this subsection.
9. Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
10. Opt-Out. Updates to Jokers’s Terms do not provide a new opportunity for you to opt out of arbitration if you previously agreed to a prior version of Jokers’s Terms containing an arbitration provision and did not validly opt out of arbitration.
- Previous or existing users. Users who previously agreed to arbitrate may reject this updated Arbitration Agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these Terms. Previous or existing users who do not opt out of this updated Arbitration Agreement will be bound by this Arbitration Agreement and it shall apply to all disputes between such users and Jokers, including those arising (but not actually filed in arbitration) before the effective date of these Terms. Arbitration demands that have already been actually filed with an arbitration provider before the effective date of this Arbitration Agreement and in compliance with a prior version of this Arbitration Agreement are subject to the prior version’s terms.
- New users. Users who create a Jokers account for the first time on or after July 24, 2023 may opt out of this Arbitration Agreement.
- Method and impact of opting out. Subject to the above, you may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: Jokersoptout@Jokers.com, within 31 days after first becoming subject to this Arbitration Agreement. Your notice must include your name, your Jokers username (if any), the email address and/or phone number you used to set up your Jokers account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms and any other agreements between you and Jokers will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
11. Severability. Except as provided in subsection 11(7), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If a court decides that any of the provisions in the Arbitration Agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.
12. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with Jokers has ended.
12. TERMINATION AND REMEDIES
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your account.
In the event that Suikernonkels VOF determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which Suikernonkels VOF regards as inappropriate or unlawful (whether on or off the App), Suikernonkels VOF reserves the right to: (a) warn you via email (to any email addresses you have provided to Suikernonkels VOF) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Suikernonkels VOF deems to be appropriate. You agree that all terminations for cause shall be made in Suikernonkels VOF’s sole discretion and that Suikernonkels VOF shall not be liable to you or any third party for any termination of your Account.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
If your account is terminated by you or by Suikernonkels VOF for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.
13. MISCELLANEOUS
There are a few more things we need to mention before you can use Jokers.
These Terms, which we may amend from time to time, constitute the entire agreement between you and Suikernonkels VOF. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Suikernonkels VOF has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Jokers and provides that information on an "as is", "as available" basis. Suikernonkels VOF does not give or make any warranty or representation of any kind about the information contained on Jokers, whether express or implied. Use of Jokers and the materials available on it is at your sole risk. Suikernonkels VOF is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Jokers is free of viruses or other harmful components. You accept that Jokers will not be provided uninterrupted or error free, that defects may not be corrected or that Suikernonkels VOF, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Suikernonkels VOF is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and Suikernonkels VOF may take place via electronic means, whether you use the App or send Suikernonkels VOF emails, or whether Suikernonkels VOF posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Suikernonkels VOF in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Suikernonkels VOF provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.
We know our Terms are awesome, but we may have to change them now and again
As Jokers grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Jokers following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Jokers immediately (uh oh, that’s going to be hard!).
Additional items:
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the App, you agree and acknowledge that Jokers is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Jokers, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the App, please contact us at support@jokersapp.com.
14. GOVERNING LAW AND FORUM.
Subject to section 11(3) and any mandatory laws that may apply in the country in which you reside, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with Suikernonkels VOF, and these Terms are governed and interpreted by the laws of the State of Texas. All claims arising out of or relating to these Terms and/or your relationship with Suikernonkels VOF that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Travis County, Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.
15. Suikernonkels VOF.
The Terms constitute a binding legal agreement between you as user (“you”) and Suikernonkels VOF (“we” or “us”). Suikernonkels VOF includes Veaudeville
Effective date
The Terms were last updated on: May 06, 2024.
Guidelines
Jokers Community Guidelines
Jokers is a space to help you with your relationship problems, Providing a handy set of tools such as the Joker card itself but also includes (The bucket list, The shopping list, The to-do list, and your wishlist).
Our Community Guidelines help keep you and your partner safe. They make it clear what content and conduct is not acceptable (on our platform and off).
Profile Guidelines
- Age. You need to be at least 13 years old to join Jokers. Creating a profile that intentionally misrepresents you as being under the age of 13 is not allowed. We reserve the right to ask for your ID to verify your age, and we’ll block you from the platform if you’re underage.
- Username. Members are allowed to use initials, abbreviations, contracted or shortened versions of their name, nicknames, full names, and middle names. Members do not have to use their legal name or full name, but usernames should be an authentic representation of the name you use in everyday life. We do not permit:
- Any words or phrases that violate our Community Guidelines
- Using the name of a celebrity or fictional character
- Words or characters (other than a valid name) including descriptive words, symbols (e.g. $, *, @,), emojis, numbers, or punctuation
Content and Conduct Guidelines
Adult Nudity and Sexual Activity
We don’t permit nude, sexually explicit, or sexually vulgar profile content. We also don’t allow the commercial exchange of any romantic or sexual activity, content, or services, including attempts to sell, advertise, or buy adult sexual content.
Bullying and Abusive Conduct
Our community is for creating kind connections. We don’t allow content or behavior that makes any individual or group feel harassed, bullied, or targeted. This includes belittling, insulting, or intimidating behavior; making unsolicited comments about someone’s appearance; engaging in emotional abuse; blackmail; repeated unwanted contact; or wishing, encouraging, or praising acts of violence.
Child Sexual Exploitation and Abuse
We have a zero tolerance policy towards any form of child sexual exploitation and abuse. We don’t allow content that sexualizes or endangers children, real or fictional (e.g. anime, media, text, illustrations, or digital images). This includes any visual depictions or discussions of sexually explicit conduct involving a child. For the purposes of this policy, a child is anyone under the age of 18. It’s prohibited to upload, store, produce, share, or entice anyone to share child sexual abuse material, even if the intent is to express outrage or raise awareness about this issue.
Commercial and Promotional Activity
Our platform is not a marketplace. We don’t allow using Jokers for unsolicited commercial or promotional purposes.
Controlled Goods and Substances
We don’t allow members to use our platforms to buy, sell, supply, distribute, or directly facilitate the purchase, sale, supply, or distribution of illegal drugs and/or the misuse of controlled goods and substances. This includes: e-cigarettes, marijuana, drug paraphernalia, or the misuse of legal substances like prescription drugs, tobacco, or alcohol.
Dangerous Organizations and Individuals
We don’t permit organizations or individuals that proclaim, glorify, condone, or are known to support a violent, dangerous, or terrorist-based mission to have a presence on Jokers.
Identity-Based Hate
We aim to foster a diverse and inclusive community on Jokers. We prohibit content or behavior that promotes or condones hate, dehumanization, degradation, or contempt against marginalized or minoritized communities based on the following protected attributes: race/ethnicity, national origin/nationality/immigration status, caste, sex, gender identity or expression, sexual orientation, disability or serious health condition, or religion/belief.
Inauthentic Profiles
Jokers celebrates authenticity, and we expect all our members to represent themselves accurately on their profile. We don’t allow impersonation or misrepresentation on our platform. This includes catfishing (i.e. creating an online persona that isn’t you) or falsely stating facts about yourself (including name, gender, age, and permanent location).
Misinformation
We prohibit the sharing of demonstrably false or substantially misleading content that’s likely to cause serious harm or negatively impact individual or public safety. This includes content that directly contradicts information and guidance from leading and reputable global health organizations and public health authorities, false or misleading information on any civic process, and dangerous and unproven conspiracy-type theories.
Physical and Sexual Violence
We don’t tolerate any content, imagery, or behavior that commits or threatens credible acts of physical or sexual violence. This includes physical stalking, using our platform to assist, facilitate or support exploitation or human trafficking, and sexual assault of any kind, which we define as unwanted physical contact or attempted physical contact that is sexual in nature.
Scams and Theft
Jokers prohibits any scam or theft activity intended to defraud or manipulate members out of financial or material resources. This includes requesting or seeking financial support, lying about your intentions for financial gain, or faking romantic intentions to deceive members out of financial or material resources.
Sexual Harassment
We do not tolerate sexual harassment. We consider sexual harassment to be any non-physical, unwanted, and unwelcome sexual behaviors between members. This includes cyberflashing (i.e. sharing unsolicited sexually explicit images), in-person indecent exposure, sharing or threatening to share sexual or intimate images without the consent of the person involved or depicted, sending unwanted sexual comments or images, and fetishization.
Spam
We do not permit any kind of unwanted or irrelevant content sent in bulk or high frequency. This includes sharing misleading or misdirecting links, creating an excessive number of accounts causing disruption to other members, or having multiple active profiles on our platform to engage in unwanted interactions.
Suicide and Self-Injury Promotion
We care deeply about our members and understand that some may struggle with mental health, self-injury, suicidal thoughts, substance use, or eating disorders. While we do allow members to share personal experiences with these issues in a safe way, we don’t allow any content that depicts, promotes, glorifies, or assists in activities that could lead to suicide, self-injury, or disordered eating or body image.
Violent and Graphic Content
We don’t permit violent, graphic, or gory content. This includes descriptions of violence in usernames or profile content, photos containing real or realistic-appearing blood, bodily fluids, or injury, or images depicting guns of any kind (except on a uniformed member of law enforcement or military personnel).
Safety Reporting
Safety is a top priority at Jokers. We use a combination of human moderators and automated systems to monitor and review Jokers accounts and interactions for content that may be against our Community Guidelines, against our Terms and Conditions, or otherwise harmful.
Our members play a critical role in the safety of Jokers by reporting content or behavior that may violate our Community Guidelines. If anything happens that makes you feel uncomfortable or unsafe, we highly encourage you to Unmatch with your partner. And reporting them via support@jokersapp.com.
However, please consider that disagreeing with or disliking a member or their content is not necessarily a reason to report them. We may take action against a member if we’e found them to be intentionally creating false or inappropriate reports against other members solely based on their protected attributes. This includes reporting transgender or nonbinary members for no reason other than their gender identity or expression or repeatedly sending false reports of bad behavior.
Enforcement Philosophy
All members must comply with the platform rules described and referenced in our Community Guidelines. If you behave in a way that goes against Jokers’s Community Guidelines, values, or otherwise act in any way we believe to be potentially harmful to Jokers or its members, we may take a range of actions on your account. When determining the penalty for violating our community guidelines, we consider a number of factors.
For example, we may:
- Remove the content
- Issue a warning
- Ban the offending member from some or all Suikernonkels VOF and Veaudevill. apps
When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct.
Your treatment towards others outside of the Jokersapp can also result in action against your account. If we’re made aware of harm between partners outside the app, meetups with friends, via text message or direct messaging platforms, or relevant alleged criminal or harmful conduct committed in your past or outside of Jokers, we may take action as if it happened on our platform.
If you believe we’ve made a mistake in taking action on your account or content, you can always contact us here.
If you have any questions or feedback about Jokers’s Community Guidelines, please reach out. Our support team is always available to help you here.