Joliefanny operates a website accessible at: https://www.joliefanny.com (hereinafter the site) dedicated to the interaction between registered members and sellers.
The site (inspired by the widespread practice of burusera in Japan) provides sellers with a dedicated platform to sell their merchandise to members who are interested in what sellers have to offer.
The purpose of these terms & conditions is to define the conditions of access and use of Joliefanny.com as well as the rights and obligations of all members.
Any access and / or use of the site and services implies unreserved acceptance and compliance with these terms & conditions in their entirety.
Joliefanny.com – Terms & Conditions
These terms & conditions outline the rules and regulations for the use of Joliefanny.com
By accessing this website, we at Joliefanny.com assume that you accept these terms & conditions in full. Do not continue to use Joliefanny.com if you do not accept all the terms and conditions stated herein.
The terms used below in the terms & conditions have the following meaning:
Boutique: space on the site dedicated and made available to a seller so that she may publish advertisements, content, communicate with members and sell her products;
Account: means the space made available to a member after successful registration by filling out the form, accepting the terms & conditions and identifying themselves using their access codes. The registration of an account by the member allows them to benefit from the services offered by Joliefanny.com.
Content: means any comments, messages or information of any kind whatsoever (texts, comments, images, videos, photographs, etc.) published by the member and / or a seller via their account on the Site. This includes but is not limited to profiles, news (live rendezvous, promotions, new products, new photos), specials, etc. The contents posted are the sole responsibility of their author. Joliefanny.com is nothing more than the host of the content.
Form: means the registration form allowing the user to register on the site and become a member in order to use all or part of the services offered on Joliefanny.com.
Member: means any natural person over 18 years of age who has registered an account on the site by clicking on "I am registering as a buyer" or "I am registering as a seller", and who has access to the services offered by Joliefanny.com.
Products: means any item offered for sale exclusively on Joliefanny.com by sellers via their boutique;
Services: refers to all functions available online offered by joliefanny.com to members. The usage of these services implies acknowledgement and the full acceptance of these terms & conditions.
User: means a visitor of Joliefanny.com, over 18 years of age, and who does not have a registered account on Joliefanny.com.
Seller: means any female natural person over 18 years of age using the Joliefanny.com in order to financially or otherwise benefit from the dedicated space on Joliefanny.com called boutique.
2. Registration Conditions
The Member guarantees that they meet all the following conditions:
- are of legal age on the day of registration
- have the legal capacity to comply with these terms & conditions
- have suitable electronic devices in order to safely access Joliefanny.com
- have a valid email address
3. Acceptance of Terms & Conditions
Every member is required to read these terms & conditions carefully as they contain important information about their rights and obligations.
Setting up an account and registration as a member implies full and unreserved acceptance of these terms & conditions.
4. Non-acceptance of these Terms & Conditions
Members can only benefit from the services subject to their acceptance of these terms & conditions. They are enforceable, upon their acceptance, by the member under the conditions provided for in the preceding articles.
Joliefanny.com reserves the right to alter these terms & conditions as deemed necessary and useful, especially if new services are offered.
Joliefanny.com will inform members of the existence and entry into force of new terms & conditions. New terms & conditions must be accepted by the member upon log in to the Site. Members have the option of accepting the new terms & conditions or, if they refuse to close their account. Members remains responsible for any use of their account prior to closure.
We recommend that users regularly check up on the terms & conditions by accessing them in the designated section of Joliefanny.com.
The terms & conditions posted on Joliefanny.com prevail over any printed, earlier version.
5. Access to Site and Registration
Provided that the user is over 18 years of age, access to joliefanny.com is not subject to prior registration of an account. However, non-registered users only have access to a limited amount of content.
Full access to all content and services on Joliefanny.com is reserved for registered members.
Access to Joliefanny.com is free. Any costs related to internet usage e.g. internet service providers etc. remain the responsibility of the member.
The creation of an account is necessary to become a member and gain full access to all content and services on Joliefanny.com. The member's registration and the creation of their Account are achieved by filling out the registration form on Joliefanny.com.
The online registration process is comprised of the following steps:
- Selecting "I am registering as a buyer" or "I am registering as a seller", providing a valid email address and choosing a unique username.
- Acceptance these terms & conditions after having read them by checking the box “you hereby acknowledge and accept these terms & conditions in their entirety and certify that you are at least 18 years of age”.
- Confirm your registration by clicking on a link sent to you in a separate email.
- Complete your registration by providing your date of birth, first and last name, and setting a password.
Once these steps have been completed the user becomes a member.
The creation of multiple accounts in strictly prohibited and joliefanny.com reserves the right to pursue civil and/or criminal legal action. Additionally, any violation of this provision leads to the immediate suspension of all accounts registered by the member and the imposition of a 50 euros administrative fee payable to Joliefanny.com
5.3. Username and Password
The member guarantees the accuracy of the information provided for in their registration.
The member is solely responsible for preserving the confidentiality of their username and password. The password is strictly personal and confidential.
Any use of the password is attributed to the member.
In the event of loss, (in)voluntary disclosure to third parties, or forgetting of the password, the member will make every effort to reset their password online via the “Forgotten password?” function.
Joliefanny.com is not responsible for the fraudulent or improper use of a member’s account following the (in)voluntary disclosure of username and/or password to third parties.
5.4. Deactivation and Deletion of Account
5.4.1. Account Deactivation
A member may renounce their membership and deactivate their account at any time, without cost or notice by selecting “Deactivate” on the “My Private Profile” section of their account.
The member’s profile is no longer visible on Joliefanny.com as soon as the member has deactivated their account. The member may reactivate their account themselves.
Joliefanny.com reserves the right to ban members in case of non-compliance with these terms & conditions. Typically, the duration of a ban will vary from 24 hours up to 7 days. At their own discretion, Joliefanny.com reserves the right to ban accounts indefinitely in severe cases of non-compliance with these terms & conditions.
At the banned member’s request, Joliefanny.com will permanently delete the member’s account.
5.4.2. Closure of Account
The member may cease using the services at any time and decide to close their account. They have the right to request deletion of all their data and content published
In order to ensure deletion of all data and published content, the member must contact Joliefanny at the following address: email@example.com after the account has been deactivated
The closure of the account by the member or Joliefanny.com under the conditions provided for in this paragraph results in the automatic termination of these terms & conditions. However, the member remains responsible for any use of their account until the moment of its closure.
5.4.3 Inactive Accounts
Joliefanny.com reserves the right to close inactive accounts after 2 years.
6. Services Offered
6.1. Description of Services
Joliefanny offers buying members the following services:
- Access to the site’s content
- Various channels of communication in order to interact with sellers
- Profit from enhanced certification of sellers
- Profit from our partnered programs (desircam)
- Tip sellers via donations
- Buy merchandise offered by the sellers via secure payment methods provided for by Joliefanny
- Track your orders
- Leave comments and give appreciative feedback after each purchase
A full description of the services offered can be found in the FAQ section of Joliefanny.com
In exchange for the services offered, a 30% commission on the amount of any sale between a seller and a buyer is applied by Joliefanny and 10% on the POT COMMUN. This commission is already included in the price displayed on the website.
6.2. Quality of Services
Joliefanny strives to provide high quality services allowing members to use the channels of communication provided in order to ensure the best experience possible.
In consideration of the nature and complexity of the internet, especially with regards to its technical performance, Joliefanny makes its best efforts to ensure access and use of services. However, Joliefanny cannot always guarantee absolute accessibility or availability of the site.
Joliefanny cannot be held responsible for the proper functioning of any member's IT equipment or internet access.
Generally, the site is accessible 24 hours a day and 7 days a week. However, the accessibility of the site may be interrupted for reasons of maintenance, upgrading or for any other reasons, especially for technical reasons which Joliefanny cannot control. Joliefanny cannot be held responsible for service interruptions suffered by members or users.
Joliefanny is not responsible for damages of any kind that may result from maintenance, any other interruption of services, or unavailability of the site.
7. NO PROSTITUTION OR SEX TRAFFICKING
We strictly prohibit our service being used in any way whatsoever to engage in, participate in, assist, support, or facilitate any act of prostitution, sex trafficking of children, or sex trafficking by force, fraud, or coercion. This includes but is not limited to that you may not use our service:
(1) to exchange any personal contact information with one of our performers or to have any communication with one of our performers which would in any way result in any type of face-to-face meeting involving you and one of our performers; or · (2) to discuss in any way with one of our performers any type of transaction whatsoever involving the use of any other service or method of communication with one of our performers, such as the use of any other Internet-based service or product.
Any violation of these prohibitions will result in immediate cancellation of your membership and account with us and you will be blocked from ever using our Service in the future. We will cooperate fully with any criminal investigation by any police or other government criminal enforcement agency.]
8. Member Obligations
8.1. Usage of Services
Every member is responsible for how they use the services offered by Joliefanny. Every member agrees to use the site in a fair and equitable manner, in compliance with these terms & conditions, and in accordance with the laws, public order, morality and the rights of third parties.
Each member is solely responsible for the conclusion and execution of contracts relating to the purchase of merchandise offered by a seller through the site. Joliefanny offers nothing more than a platform for sellers and buyers to get in contact with each other and communicate. The conclusion and execution of these contracts, to which the which seller and buyer are the sole parties, are initiated and the exclusive responsibility of the latter.
In case of breach of these terms & conditions, the member account will be banned without notice or reimbursement of the sums spent on the site (subscriptions, purchases from sellers etc.) which is in accordance with the termination article below.
The use of Joliefanny.com for spamming advertising or the creation of multiple accounts is strictly prohibited. Additionally, any violation of this provision leads to the immediate suspension of all accounts registered by the member and the imposition of a $50 fee (per offense) payable to Joliefanny.
Members may publish content in the designated spaces on the site.
The content must only pertain to subjects related to the site and to the specific categories listed on Joliefanny.com. It must also comply with the legal and regulatory provisions in force.
Every member agrees to comply with the law and regulations when publishing content and that does not go against public order. They agree to not publish and distribute content that:
- is racist, xenophobic, anti-Semitic, homophobic or involves minors (child pornography);
- is abusive, defamatory or violates the honor, reputation or privacy of a third party;
- incites violence, suicide, terrorism, the use, manufacture or distribution of illegal substances;
- proposes or incites prostitution
- proposes or encourages the sale of products from the human body containing gametes;
- offers donations without consideration
- is contrary to the principle of neutrality by openly displaying religious or political signs indicating a certain affiliation;
- incites discrimination, is insulting, encourages hatred or violence against a person or a group of people, in particular because of their origin, whether or not they belong to an ethnic group, a nation, a specific race, or religion, disability, sexual preference or any other difference;
- incites of promotes criminal conduct;
- undermines human dignity;
- incites violence in any way, against women in particular;
- incites the mistreatment and/or attack on individuals or animals;
- stalks or harasses a person.
Every member agrees to respect the rights of third parties. As such, every member will refrain from:
- infringing upon the intellectual property rights of a third party, by reproducing, representing, using, or modifying, photographs, videos etc. to which they are not entitled to;
- infringing upon the personal rights and the privacy of others, in particular with respect to the private life (defamation, insults) and the likeness of third parties;
- assuming the identity of any person or entity by using false email addresses or fake identities in order to conceal the true origin of the content posted on the site;
- without permission, gathering information thereby infringing upon the confidentiality and security of the personal data of other members;
- intentionally publishing false, erroneous, or misleading content.
Every member furthermore agrees to not post content that:
- contains marketing tools (referral codes, junk mail, spam advertising) from other websites;
- incites participation in contests or games that require the payment of a fee. Free contests and games are permissible;
- contains computer viruses or any other code, file, or program designed to interrupt, destroy or inhibit the functionality of the site;
- disrupts the normal flow of dialogue by posting an excessive amount of content on the site;
- promotes the member’s services for advertising or commercial purposes;
- is not related to website’s theme or categories;
- includes references or links to any other site than www.joliefanny.com, www.desir-cam.com, and/or your email address, and/or your personal contact information (full name, address, phone number)
- encourages to establish communication or a payment outside of joliefanny.com
Each member is fully and entirely responsible for any content posted to the site. Joliefanny declines all responsibility for content posted by members. Consequently, any member shall defend and hold Joliefanny harmless against any claims arising out of the publishing of content on the site by the member.
If posted content goes against legal and/or regulatory provisions Joliefanny, at its own discretion, reserves the right to immediately delete the content without any compensation.
The member acknowledges that the available content is for personal use only. Any reproduction and/or total or partial retransmission of content is prohibited and constitutes an intellectual property violation which Joliefanny reserves the right to enforce.
The Member acknowledges that they may lose access to content purchased via the Site, in particular unlimited streaming, if the seller has requested that their account be closed. Access to such content is however guaranteed for a period of 3 months from the closing of the seller’s account.
9. Joliefanny’s Obligations
9.1. Hosting Content
Every member is solely responsible for the content that they publish on the site. Joliefanny’s obligation is limited to providing a technical service hence enabling members to publish content on the site.
Joliefanny is a hosting provider and has no control over the content published by members regardless of where on the site it is published.
Joliefanny is in no way responsible for content that has been published on the website
As such, Joliefanny has no obligation to monitor, moderate, or control the content posted by members.
Joliefanny cannot be held liable for the conduct by members, their comments, any content or information hosted at the request of members unless Joliefanny has been duly notified of the existence of illegal content and has failed to take appropriate action.
Members acknowledge and agree that the content they publish is subject to being reported by other members and ex-post control by Joliefanny.
The member agrees to not hold Joliefanny responsible if a member fails to fulfill their obligations under the law or these terms & conditions.
Joliefanny cannot be held liable for the violation of these terms & conditions by a member.
In order to ensure the quality of the services provided on the site, Joliefanny may, at its own discretion, moderate published content or delete it as well as take down illegal content.
In the event of an alert from a member or a seller regarding the content of another member, Joliefanny reserves the right to immediately remove, without compensation of any kind, any content that does not comply with these terms & conditions.
For security reasons and to protect the privacy of members, it is prohibited, in accordance with the above rules relating to content, to exchange personal information allowing the identification of a member and/or third party.
Thus, the publication of personal information allowing the identification of a member or seller such as full name, phone number, address, email address, website, etc. may lead to the automatic suspension of an account and deletion of the information.
9.2. Making a Purchase
The site provides members and sellers with a platform allowing them to make online purchases. In order to complete a purchase, the member must:
- click on the “Purchase” button
- provide a shipping address
- agree to these terms & conditions and the terms & conditions of the seller
- select one of the payment methods and pay for the order
- confirm your order
The order must then be confirmed or not, by the seller within 72 hours.
Members acknowledge that do not have any right of withdrawal to the extent that the merchandise offered by the sellers is personalized or in digital form.
When the transaction has been accepted by the seller and the merchandise has been delivered, the member and the seller may review each other as to how well the transaction went. Reviews must be submitted and may be changed within 7 (seven) days of acceptance of the transaction by the seller.
The Member acknowledges and accepts that the role of Joliefanny is limited to the provision of a payment channel.
Joliefanny and the sellers are independent parties, each acting in their own name and in their own interest. Joliefanny does not enter into any contract in the name or on behalf of a seller. Every seller enters into a contract directly with the member through the site and may implement additional sale conditions at their own discretion.
Joliefanny is not a party to the contracts concluded between members and sellers. As such, sellers are solely responsible for any difficulties, complaints, and disputes that may arise during the conclusion and/or execution of the sales contract.
Therefore, no member will hold Joliefanny responsible for any consequences resulting directly or indirectly from the conclusion, and/or execution of a contract with a seller.
However, Joliefanny offers an amicable resolution assistance service allowing a member who is not satisfied with a sale to submit to the following address : firstname.lastname@example.org a complaint accompanied by supporting documents within thirty (30) days from the date of the order, requesting Joliefanny to intervene in the dispute.
The seller must respond to the member's complaint within seven (7) business days. Based on the information provided by the parties, Joliefanny will attempt to offer an amicable solution.
If it is established that the merchandise delivered was not in satisfactory condition, the seller will reimburse the member the total amount of the order. Joliefanny will act as an intermediary in the reimbursement process. Members are hereby reminded that they have no right to return merchandise and that refunds are generally not an option.
Members are permitted to post links to their profile or to www.joliefanny.com. However, this permission does not imply an affiliation between members and Joliefanny in any way.
Posted links must be removed immediately at the request of Joliefanny.
Furthermore, it is strictly prohibited for members to post links to other sites in any content they publish.
Any use of the site and the services contrary to these terms & conditions gives Joliefanny the right to, without notice and without compensation, suspend the member's account on a temporary or permanent basis. Subsequently, all content associated with this member’s account will be deleted.
Access to the account will no longer be available, resulting in the account’s deletion and lead to the termination of these terms & conditions.
The closure of the account will result the loss of access to any content associated with the account.
In any event, the member remains responsible for any use of their account until the moment of its closure.
11. Intellectual Property
11.1. Joliefanny’s Intellectual Property Rights
These terms & conditions do not grant the user any of Joliefanny’s intellectual property rights.
The content of the site, the general structure as well as the brands, designs, models, logos, software and programs, search engines, databases, domain names and all other elements that www.joliefanny.com is comprised of are the exclusive property of Joliefanny and are protected by intellectual property rights. Regarding content published by members or sellers refer to 10.2 of these terms & conditions.
Joliefanny grants all members a personal and non-exclusive right to use the site, enabling access to the services.
Any reproduction and/or total or partial retransmission of the site without the express authorization of Joliefanny is prohibited.
11.2. Members’ Intellectual Property Rights
Content published on the site belongs to the member who published it and remains their exclusive property.
Respecting the intellectual property rights of third parties, every member acknowledges that they are strictly prohibited from publishing comments, content, photographs, videos, etc. belonging to third parties without their authorization.
Any Member who publishes content guarantees that they are the rightful holder of the intellectual property rights associated with the published content or that they have obtained all required authorization from the content right holder. The member must obtain all necessary authorizations from third parties represented in the published content.
Members are hereby reminded that they are solely responsible for content published by their accounts.
By posting content, the member expressly authorizes Joliefanny to use, distribute, host, store, reproduce, represent, translate, modify, adapt, the content on the site. This authorization is valid globally and for the entire duration of the member's registration on the site.
It is expressly prohibited for a member to distribute, reproduce, represent or modify content published on the site by another member or seller (in particular the videos of a seller). Any reproduction and/or total or partial retransmission of content belonging to another member, seller or third party without their express authorization is prohibited and constitutes an infringement of their respective intellectual property rights.
12. Personal Data
The information acquired during registration process on the site via the registration form is necessary and mandatory for the creation of a membership account. In particular, the email address may be used by Joliefanny for the administration and management of services.
In accordance with the European General Data Protection Regulation (GDPR), you have the right to request access to data concerning you, their rectification or deletion as well as the limitation of their processing.
Furthermore, you have the right to leave instructions regarding the fate of your personal data upon your death.
For any queries regarding your personal data and their protection contact our data protection officer (DPO) at email@example.com.
When visiting the site, cookies, i.e. tracers used to store information relating to navigation on the site, are likely to be stored on the user’s computer for the purpose of authenticating members, memorizing their preferences and parameters, determining the popularity of content, analyze the usage of the site and understand the online behaviors and interests of the people who interact on it.
In order to provide the Services, Joliefanny keeps a history of the member's usage of the site and tracks their browsing habits on the site using cookies.
Each member is aware acknowledges that tracking is conducted by Joliefanny.
In order to comply with the legal obligations relating to the conservation and communication of data allowing the identification of any person who has posted content online, Joliefanny retains certain identification and tracking information pertaining to usage of the site. Furthermore, a copy of certain content even when they are deleted from the account is retained for a period of one year.
15. Evidentiary Agreement
The acceptance of these terms & conditions by electronic means has the same probative value between the parties as the agreement in paper form.
The digitalized registries stored electronically will be kept under reasonable security conditions and serve as proof of communications between the parties.
The archiving of contractual documents is secured on a physical medium which can be produced as evidence.
16. Applicable Law
These terms & conditions are governed by the law of the United States of America. U.S. American courts have sole jurisdiction of any dispute that may arise between the user, member, or any other third party and Joliefanny.
The member acknowledges mediation or any other alternative method of dispute resolution as a possible recourse to any conflict relating to these terms & conditions.