Terms and Conditions
Terms of Service for Skout
Last Updated: December 3, 2024
Subscribers in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Rhode Island: You, the buyer, may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed, excluding Sundays and holidays. To cancel the subscription, users may request a refund by contacting The Meet Group Member Services at support@themeetgroup.com, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: The Meet Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA. The Company’s business is conducted, in part, at 100 Union Square Drive, New Hope, PA 18938, USA. You may have these terms of use e-mailed to you by sending a letter to The Meet Group Terms Inquiries, 100 Union Square Drive, New Hope, PA 18938, USA. If you subscribed using an External Service (e.g., Apple App Store, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not The Meet Group. You can request a refund from Apple through your Apple account on your phone or at https://getsupport.apple.com. For California subscribers only: In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Subscribers in Wisconsin: CANCELLATION AND REFUNDS. Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying The Meet Group by any writing mailed or delivered to The Meet Group at the address shown on the contract (The Meet Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA.), within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by The Meet Group and arrangements will be made to relieve you of any further obligation to pay the same. If you subscribed using an External Service (e.g., Apple App Store, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not The Meet Group. You can request a refund from Apple through your Apple account on your phone or at https://getsupport.apple.com.
Table of Contents
2. ACCOUNT ELIGIBLITY AND USE OF SKOUT
4. SUBSCRIPTIONS AND IN-APP CURRENCY
4.2. RIGHT TO TERMINATE SUBSCRIPTION
8. DEALINGS WITH ADVERTISERS AND THIRD-PARTY CONTENT
9. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
10. PHOTOSENTIVTIY WARNING: READ BEFORE PLAY
13. EXCLUSIONS AND LIMITATIONS
16. ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER
17. Digital Millennium Copyright Act Notice
20. ADDITIONAL TERMS FOR APPLE APP STORE DOWNLOADS
21. ADDITIONAL TERMS FOR GOOGLE PLAY APP DOWNLOADS
22. INFORMATION ON THE RIGHT OF WITHDRAWAL FOR EEA AND UK RESIDENTS
B. Streamer Subscription Terms of Use
1. Subject of the Streamer Subscription
3.2. Billing, Payments and Renewal
3.4. Multiple Streamer Subscriptions
3.5. Country- or region-specific termination rights
7. Streamer Suspension or Termination
8. Right of Withdrawal or Cancellation (For EU/UK):
C. Streamer Subscription Participant Terms of Use
1. Subject of the Streamer Subscription Participation
1.1. Streamer Participant features
3. Streamer Subscription Participation
A. Terms of Service
1. INTRODUCTION
These Terms of Service (“TOS”) are a legal agreement between you and The Meet Group, Inc. (“TMG,” “we,” “us,” or “our”) and govern your access and/or use of the Skout mobile application and website (“Skout”) made available to you by us (the “Services”). If you have any questions or comments about these TOS, please contact us at support@themeetgroup.com.
By accepting these TOS, accessing or using Skout, or otherwise manifesting your assent to these TOS, you agree to be bound by (i) these TOS, (ii) our Community Guidelines, and (iii) any additional or special terms for any additional features as may be posted from time to time (collectively, the “Agreement”). If you do not agree (or cannot comply) with all of the terms of these TOS or any other terms of the Agreement, you may not access or use Skout. All information about how we process your personal information can be found in our Privacy Policy.
THE SECTION BELOW TITLED “ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER” CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
We reserve the right to change these TOS at any time. You are responsible to keep yourself apprised of any such changes. If we make any material change to the TOS, we will notify you of such change when you open Skout. If you object to any Terms of Service of the TOS or any subsequent changes or you become dissatisfied with Skout in any way, your only option is to stop using Skout. Your continued use of Skout after we post revised TOS means that you agree to the revisions.
We use the term “Users” in these TOS to include all end users of Skout, including end users who are streaming or broadcasting through Skout (“Streamers”). Skout operates within a network of other applications owned or operated by TMG and/or Live Partners (“Live Network”). To find out which Live Partners are in the Live Network, please click here.
2. ACCOUNT ELIGIBLITY AND USE OF SKOUT
You must be at least 18 years old to register for Skout. If you are under the age of 18, you may not access or use Skout. By accessing the Services and/or completing the registration process for Skout, you represent that you are 18 years of age or older and can and will be legally bound by this Agreement.
Skout is for your personal use only and you may not use it for any other purpose. You may not use Skout in connection with any commercial activity without our express written approval. Companies and other organizations may not become Users of Skout nor use Skout without our express written approval. We reserve the right to investigate any suspected unauthorized uses of Skout and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.
You may not use Skout where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content.
3. REGISTRATION
To access and use Skout you will need to register. To do this, you will need to choose an available registration option, such as email, SMS, Sign in with Apple, Sign in with Google or Facebook, and provide login credentials, such as email address and a password of your choice. You are responsible for keeping your password and account credentials confidential. Furthermore, you are responsible for any and all culpably caused activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security once you receive knowledge of it.
You can delete your account by going to Settings and selecting the option to delete your account.
We may delete your account if you are inactive for more than two years. To prevent this you have to log in at least once every two years.
4. SUBSCRIPTIONS AND IN-APP CURRENCY
4.1. SUBSCRIPTIONS
You may purchase a subscription product in various packages, such as one-month, three-month, or six-month subscriptions. A purchase of a subscription concluded, billed, charged, renewed and can be cancelled or terminated as described in these TOSs. If you purchase through the Apple App Store or Google Play, your purchase is subject to the technical standards and principles established by Apple or Google, over which we have no control. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription. This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your Apple or Google account settings. You can also follow the instructions how to cancel a subscription provided by Apple (https://getsupport.apple.com/) or Google (https://support.google.com/googleplay/). You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
If you subscribed through the Apple App Store, refunds are handled by Apple, not us. You can request a refund from Apple as described above. All other users may request a refund by contacting us at support@themeetgroup.com, or by mailing or delivering a signed and dated notice that states that you are cancelling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: The Meet Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA.
Both Apple and Google facilitate “free trials” of subscription products for first-time users and we may take advantage of that ability. For example, from time to time we may offer a free initial week to first-time subscribers. Eligibility for any such trial is limited to users who have not previously subscribed, through either a current or prior Skout account. If you are a previous subscriber and try to claim a free trial, you should be aware that Apple or Google may recognize your ineligibility. If so, you may not receive a free trial, but instead may be charged immediately for your first subscription month. This is a feature controlled by the Apple App Store or the Google Play Store, depending on which platform you use for Skout.
Generally, purchases of subscriptions are non-refundable (unless special terms for refunds apply in your region) and non-transferable, even if they expire or are discontinued. We may change the purchase price for subscriptions at any time, as well as the features included in subscriptions. We reserve the right to stop issuing subscriptions at any time and to set expiration dates for subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused subscription time without refund or other compensation.
4.2. RIGHT TO TERMINATE SUBSCRIPTION
You have the right to terminate (or withdraw from) your subscription within fourteen (14) days of acceptance, for any reason. For residents of the European Economic Area, please refer to section 22 for further information on this right. In addition, where required by law, your estate is entitled to claim a refund of the unused portion of your subscription if you die during the term of the subscription.
In order to exercise either of these rights, you (or, if applicable, your estate) must notify us by registered mail at The Meet Group, Inc., 100 Union Square Drive, New Hope, PA 18938, Attention: Member Services, or by email at support@themeetgroup.com with a clear declaration of your decision to terminate your subscription.
In order to meet the termination deadline, you should send us notification of your exercise of the right of termination prior to the expiration of the fourteen-day termination period.
If you terminate (or withdraw) from your subscription, we will refund the payments we have received from you, minus any amount of Points that you have consumed. If you wish to terminate (or withdraw from) your purchase of Points, we will refund the payments we have received from you, minus any amount of Points that you have consumed. If you are an Android user, we will use the same means of payment that you used for the original transaction. If you are an iOS, personal computer, or mobile web user, we will refund you by paper check or PayPal if you provide the proper contact information to process these payments. In no case will you be charged for this refund.
4.3. POINTS AND VIRTUAL GIFTS
You can purchase or otherwise obtain “Points” from us. Points give you a limited, non-transferable, non-sublicensable, revocable right to activate in-app features like virtual gifts on Skout. Virtual gifts are live animations which are provided by Skout. You may trigger a virtual gift in the stream of a Streamer within the Live Network.
If you purchase through the Apple App Store or Google Play, your purchase is subject to the technical standards and principles established by Apple or Google, over which we have no control.
If you trigger a virtual gift, this does not create a contractual relationship between you and the Streamer in whose stream the gift is triggered. Whether and to what extent a Streamer receives diamonds is entirely at our discretion. Points are non-refundable even if they expire, are revoked or are discontinued. The price for each virtual gift will be displayed at the point of purchase. All sales of Points are final, and we do not offer credit or refund for any purchased Points. When you receive virtual gifts from other Users, you do not own them. Instead, you receive a specified corresponding number of Diamonds which may be used as set forth below. We are not responsible for repairing or replacing virtual gifts or providing you or any third party with any credit or refund in the event that we modify, suspend, or terminate the virtual gift program, or for loss or damage due to any service error, or any other reason. Points may be used only within the Live Network and have no application or value (cash or otherwise) outside of the Live Network. Points may not be converted into, or redeemed for, fiat currency or Diamonds within the Live Network. Points are also not redeemable for real-world goods, services, discounts or purchases and are intended solely for use within the Live Network.
We may at any time change the purchase price for Points or the number of Credit that you may redeem for a particular virtual gift at any time, as well as the ways you can use Points and virtual gifts. We reserve the right to revoke or stop the sale of Points and redemption of virtual gifts at any time without notice, refund, or compensation, and to set expiration dates for Points and virtual gifts. Points and virtual gifts may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, or your account is banned due to violations of our Content and Conduct Policy or any other reason, you will lose all accumulated Points without notice, refund or other compensation. You agree that we will have no liability to you, any other user, Content Provider or other third-party based on our exercise of our rights with respect to Points and virtual gifts.
Points and virtual gifts purchased or received by any user do not constitute property or money and are not transferable. All Points in your account are forfeited if you delete your account or your account is blocked or deleted for any reason.
4.4. DIAMONDS
Streamers may receive a certain amount of virtual diamonds (“Diamonds”) for virtual gifts that are triggered by other Users during their Livestream (“Diamond Reward”), as determined by us. In addition, Streamers may receive Diamonds through other means, in our sole discretion. Streamers may be able to redeem Diamonds for fiat currency or convert the Diamonds into Points at rates and at times specified by us in our sole discretion. In order to cash out Diamonds, a Streamer must (1) fill out any forms that may be requested, including tax or other government forms (e.g., an IRS form W-9 for U.S. taxpayers and an IRS form W-8 for non-U.S. taxpayers), (2) cash out at least the minimum amount as required by us from time to time worth of Diamonds for each request, (3) meet the eligibility requirements of any third-party vendor, and (4) successfully complete our identity verification and eligibility requirements. We reserve the right to clawback or recover Diamonds or decline or cancel any cash out for any reason, including if any documentation you provide appears to be inaccurate in our sole discretion, if we suspect you have engaged in Credit farming (where a User or a group of Users create or use accounts to collect free Points in a systematic manner, or obtaining free Points by means of manipulation, deception or exploitation of programming errors), self-gifting (when a Streamer gives themselves virtual gifts, directly or indirectly, with their own account or a different second user account, whether be it their own profile or the profile of a third party controlled by the Streamer), group-gifting (when several Users cooperate and give each other virtual gifts with the main purpose of increasing their Diamond reward), or any other conduct similar in nature to the aforementioned conduct, fraud or other illegal activity, if we cannot verify your identity, or for any regulatory or legal reasons in our sole discretion. You may cash out only once per day. We may change the minimum increments for redemption of Diamonds and frequency from time to time, and we reserve the right to do so at any time without notice. We will also determine the rate of redemption in our sole discretion and we may change the rate from time to time without notice. The rate will be displayed at the point of redemption. You agree that we have the absolute right to manage, modify, and/or eliminate such redemption rights in our sole discretion. The cost of the virtual gifts that you give to another User may not correlate to the amount of Diamonds or the amount of cash reward such User is entitled to receive from us. You agree that we will have no liability to you, any other User, including without limitation a Streamer or any third-party based on our exercise of our rights with respect to the Diamonds and any redemption for cash reward.
We use one or more third-party vendors for cash redemption, and Streamers wishing to redeem Diamonds for cash must (1) have a valid account with the third-party vendor (if required), (2) must agree to the vendor’s Terms of Service, privacy policy and all other policies and procedures (“Third-Party Policies”), and (3) be responsible for any charges that the third-party vendor may impose. You are responsible for all transaction fees in connection with the redemption. You understand that information submitted during the cash redemption process will be collected, used, and stored by the third-party vendor in accordance with the Third-Party Policies, and will not be under our control. You understand that we have no control over our third-party vendor’s practices, and you release TMG from any and all liability associated with information submitted to the third-party vendor, including, without limitation, liability related to the unauthorized release or use of your information or any other user information.
We reserve the right to verify your identity and eligibility to receive cash redemptions prior to payment.
Diamonds do not constitute property or money and are not transferable. All Diamonds in your account are forfeited if you delete your account or your account is blocked or deleted for any reason.
All Users who redeem Diamonds for cash rewards are solely responsible for the reporting and payment of any taxes due on the amounts redeemed. You acknowledge and agree that we and our payment vendors may report any cash rewards you receive to the IRS or other applicable tax administrator. To the extent we are required to withhold amounts under applicable law, you agree that we may do so.
You acknowledge and agree that we are not a money service business, money transmitter, depository institution or bank.
We agree to comply with applicable law, including U.S. trade control laws and U.S. sanctions laws and regulations. By agreeing to these terms, you represent and warrant that you (1) are not located or domiciled; do not have a place of business; and/or are not conducting business (any of which would make you a “ Resident”) in a jurisdiction in which access to or use of Skout is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) are not a Resident of, or located in a jurisdiction that is subject to U.S. or other sovereign country sanctions or embargoes, and/or (3) are not an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using Skout and we may refuse to deliver payments to you.
You acknowledge and agree that you are not an agent, employee or representative of TMG and the Agreement does not create nor may be construed as any employment relationship, joint venture or partnership with you and TMG.
5. NO SPAM POLICY
You may not engage in any activity involving spam on Skout. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on or through Skout. Violations of this policy could subject you or your agents to civil and criminal penalties.
6. CONTENT
By Content we mean all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, broadcasts, messages or other materials of any kind, whether publicly posted or privately transmitted on Skout. Any Content you upload, transmit, publish or stream is your sole responsibility. You represent and warrant that when you upload, transmit, publish or stream Content on Skout that you own or have the necessary licenses, rights, consents and permissions to do so. We are not responsible for any Content that you upload, transmit, publish or stream on Skout. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable to you or to any third party in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
You hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on our owned & operated websites or applications (“TMG Apps”), on the other applications and websites not owned by us with which we share our live platform (“Live Partners”) and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion.
This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve Skout, TMG Apps and websites or applications of our Live Partners and to make Content submitted to or on Thrive available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our Terms of Service for such Content use. Such additional uses by us, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available on Skout.
We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account is terminated.
You acknowledge and agree that we do not promise to screen or monitor Content, but that we have the right to do so. We have the right to remove any Content that violates the Agreement or that we or others find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. We reserve the right to block or change your access to Skout, or to remove features from your accounts used to access Skout, such as Levels, VIP Badges and Diamonds, in our sole discretion.
You may not reproduce, republish, further distribute or publicly perform or exhibit any Content on Skout that is not yours.
We may establish general practices and limits concerning use of Skout, including without limitation the number of days that we retain Content, the number and size of posts and messages you may send or receive, and the space we allot on our servers for your use. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content.
7. AVAILABILITY OF SERVICE
We may at any time and from time to time modify, restrict your access to or discontinue Skout or any feature within Skout, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of Skout.
We may without prior warning or subsequent notice terminate your access to Skout for any or no reason. We may decide to terminate your access for a number of different reasons, including without limitation (1) if you violate or fail to comply with the Agreement, including our Content and Conduct Policy or other related agreements or guidelines, (2) if you provide false information in your profile, (3) if you do not use Skout for an extended period of time, (4) by request of law enforcement or other government agencies, (5) for discontinuance or changes made to Skout or any part thereof, or (6) technical or security issues or problems. We will make all termination decisions in our sole discretion, and we will not be liable to you or any third party for any termination of your account or access to your Content or Skout.
8. DEALINGS WITH ADVERTISERS AND THIRD-PARTY CONTENT
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Skout may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, to you or any third party for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your correspondence or dealings with, or participation in promotions of, advertisers found on or through Skout, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable to you or to any third party for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on Skout. We will not be liable to you or to any third party for any failure by an advertiser to provide any service or product you ordered from it.
9. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS. We reserve the right, however, to conduct any criminal background check or other checks we deem appropriate, at any time, using available public records. BY AGREEING TO THESE TOS, YOU HEREBY AUTHORIZE ANY SUCH CHECKS.
We care about your safety and have created a resource to help you to use our products and services, including Skout. Please visit http://www.themeetgroup.com/safety-practices for important tips to help you stay safe online.
By requesting to use, or using Skout, you represent and warrant that you are not required to register as a sex offender with any government entity.
You are solely liable and responsible for your interactions with other Users on Skout. We reserve the right to monitor disputes between you and other Users, but we have no obligation to do so.
10. PHOTOSENTIVTIY WARNING: READ BEFORE PLAY
You may view livestreams of video game play or other visual content on Skout that may expose you to flashing lights or light patterns. A very small percentage of individuals may experience epileptic seizures when exposed to certain flashing lights or lights patterns that may appear in video games or other visual content. Exposure to certain patterns or backgrounds on a computer screen, or while viewing livestreams of video game play or other visual content, may induce an epileptic seizure in these individuals. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to viewing livestreams of video game play or content on Skout. If you experience any of the following symptoms while viewing livestreams of video game play or other content on Skout — dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions — IMMEDIATELY discontinue use and consult your physician before resuming your viewing.
11. DISCLAIMER OF WARRANTIES
YOU USE SKOUT AT YOUR SOLE RISK. WE PROVIDE SKOUT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
WE DO NOT GUARANTEE THAT SKOUT WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SKOUT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) SKOUT WILL MEET YOUR REQUIREMENTS, (2) SKOUT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF SKOUT WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH SKOUT WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY CONTENT, INFORMATION, OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH SKOUT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH CONTENT, INFORMATION OR MATERIAL.
12. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF SKOUT’S USERS AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND EACH OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SKOUT USERS OR OTHER THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND INCLUDING WITHOUT LIMITATION RESULTING FROM: (1) THE USE OR THE INABILITY TO USE SKOUT; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SKOUT; (3) UNAUTHORIZED DISCLOSURE, ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON SKOUT; OR (5) ANY OTHER MATTER RELATING TO SKOUT.
OTHER USERS OF SKOUT OR THIRD PARTIES WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.
WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON SKOUT. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF SKOUT OR ANY THIRD PARTY.
WE ARE NOT LIABLE FOR ANY LOST OR DELETED CONTENT, INFORMATION OR DATA, WHETHER INTENTIONAL OR UNINTENTIONAL, NOR FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALIZATION SETTINGS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE DOLLAR ($1.00).
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. INDEMNITY
YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS’ FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF (1) YOUR ACTIONS OR INACTIONS, (2) ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH SKOUT, (3) YOUR ACCESS AND USE OF SKOUT, YOUR CONNECTION TO SKOUT, (4) YOUR VIOLATION OF THE AGREEMENT, OR (5) YOUR TRANSMISSION OR USE OF INFORMATION OR CONTENT RELATING TO OTHER USERS OR ANY THIRD PARTY, OR (6) YOUR VIOLATION OF THE INTELLECTUAL PROPERTY, PRIVACY OR ANY RIGHTS OF ANY USER OR THIRD PARTY.
15. GOVERNING LAW AND VENUE
Unless prohibited by local law, this Agreement is governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, the Arbitration Agreement of this Agreement (below) shall be governed by the Federal Arbitration Act. Any action to compel arbitration, or challenging the enforceability or applicability of the arbitration provisions herein, must be filed in the federal or state courts of Delaware. Any action filed in any other court shall be transferred to, or dismissed without prejudice for refiling only in, the federal or state courts of Delaware, after removal to the appropriate federal court, if applicable, for determination by the Delaware federal or state court as to whether the action should be stayed pending, or otherwise referred to, arbitration. Any claims that are not referred to arbitration must be adjudicated exclusively in the federal or state courts of Delaware. For such claims, the federal and state courts of Delaware shall have exclusive personal jurisdiction and venue over you and us, and you and we waive any objection based on inconvenient forum. If either party files suit in any court other than the federal or state courts of Delaware, in deciding whether to transfer or dismiss the action, or otherwise give effect to this provision, the court shall apply the standard set forth in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas , 571 U.S. 49 (2013). The parties also agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these terms, or any other private or public consideration.
Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth below) is held to be unenforceable, you and we agree that any claims or disputes that you or we have against each other must be resolved in the federal or state courts located in Delaware to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Delaware law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Skout or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER
Purpose: This section of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and The Meet Group, Inc. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and The Meet Group, Inc. shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “Skout” means the Meet Group, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Skout regarding any aspect of your relationship with Skout, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND SKOUT EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Pre-Arbitration Dispute Resolution: For all Disputes, you and we must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with us by mailing written notification to The Meet Group, Inc., 100 Union Square Drive, New Hope, PA 18938, USA. That written notification must include (1) your name, (2) your address, (3) your phone number, (4) your email address used to create your MeeMe account, (5) a written description of the Dispute, (6) a description of the specific relief you seek, and (7) your personal signature. If Skout does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. We must commence any Dispute we have with you by sending you a written notification to the email address used to create your Skout account that includes a written description of the Dispute and a description of the specific relief we seek. If the Dispute is not resolved to our satisfaction within 45 days after you receive our written notification, we may pursue our Dispute in arbitration. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Skout may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. However, this shall not preclude the application of the Mass Filing section below. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of the Mass Filing section below.
In the event of a mass filing (defined in the section titled Mass Filing below), the procedures, fees, and costs described in the Mass Filing section will govern notwithstanding any applicable rule of the arbitration provider to the contrary.
Because your contract with Skout, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration: The arbitration may be heard in Philadelphia, Pennsylvania, as otherwise required by the arbitration provider’s rules, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.
Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also 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, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Delaware 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, Skout will pay the filing fees for you.
Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in the Mass Filing section below, unless both you and Skout specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other member or user of the Skout services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding, except as set forth in the Mass Filing section below.
Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Skout are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Skout might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
Continuation: This Arbitration Agreement shall survive the termination of your contract with Skout and your use of the Skout services.
Mass Filing: If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 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 we, or you 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 Filing 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 Skout will be required to pay any such filing fees. You and Skout 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 remaining claims shall proceed in court unless the parties agree to an alternative procedure. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
- Arbitration Provider’s Authority to Apply Mass Filing Rules. Notwithstanding this Mass Filing section, if a series of arbitration demands is determined by the arbitration provider not to constitute a Mass Filing pursuant to this Arbitration Agreement, but such demands constitute a mass filing pursuant to the arbitration provider’s mass filing rules, the arbitration provider may apply its mass filing rules, procedures, and fees.
- Enforcement of Subsection. A Court of competent jurisdiction located in federal or state court in Delaware shall have the power to enforce this Mass Filing section.
Unavailability: If for some reason AAA is not available to administer the arbitration and you live in California, the arbitration will be administered by ADR Services, Inc. pursuant to its then in-effect arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration- rules/. If for some reason AAA is not available to administer the arbitration and you live outside of California, the arbitration will be administered by National Arbitration and Mediation pursuant to 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 none of these arbitration providers is available, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, the parties will select an alternative arbitral forum, with comparable fees and procedures for mass filings, if applicable. 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, including those regarding mass filings, if applicable. If no such arbitration provider is available, the dispute shall be resolved in state or federal court in Delaware.
17. Digital Millennium Copyright Act Notice
We respect the intellectual property of others and ask our Users to do the same. We may, in our sole discretion, disable or terminate the accounts of Users whom we believe may be infringing the intellectual property rights of others.
If you are a copyright owner or an agent of such owner and believe that any content on Skout infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (identified below) with the following information in writing:
- An electronic or physical signature of the 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 if multiple copyrighted works on the site are covered by a single notification, a representative list of such works on that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such
such as your address, telephone number, and email address;
- a statement by you that you have a good faith belief that use of material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed must be submitted to the following Designated Agent
By Mail:
The Meet Group Copyright Agent
100 Union Square Drive
New Hope, PA 18938
Attn: Legal Department
Phone: (+1) (215) 862-1162
Only DMCA notices should be sent to the Designated Agent.
18. ENTIRE AGREEMENT
If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these TOS. The other provisions of the TOS shall remain in full force and effect. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
19. Our CONTACT INFORMATION
If you have questions regarding these Terms of Service, please contact us.
| Address: | The Meet Group, Inc. |
| 100 Union Square Drive | |
| New Hope, PA 18938 | |
| Attn.: Legal Department | |
| Web: | www.themeetgroup.com |
| Phone: | + 1 (215) 862-1162 |
| Email: | support@themeetgroup.com |
20. ADDITIONAL TERMS FOR APPLE APP STORE DOWNLOADS
This section contains additional terms that apply to you if you have downloaded our app from Apple’s App Store. With respect to the relationship between TMG and Apple, the responsibility for our app is allocated as follows:
These TOS are between you and TMG, not between you and Apple. TMG, not Apple, is solely responsible for our app and its content. Our responsibilities and liabilities to you are explained in the other sections of these TOS. Apple has no obligation to provide any maintenance or support services for our app. TMG, not Apple, is responsible for any product warranties in relation to our app. If our app does not conform to any applicable warranty, you may notify Apple, and – if you have made a purchase – Apple will refund you that purchase price. Apple has no other warranty obligation in respect of our app. Any other claim that you might have in relation to our app is our sole responsibility (and not Apple’s) and will be determined in accordance with applicable law and these TOS. TMG, not Apple, is responsible for addressing any claim by you or a third party relating to our app, or your use or possession of our app. This includes: (i) product liability claims; (ii) any claim that our app does not comply with any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection, privacy or similar laws. If a third party claims that our app, or your use or possession of our app, infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and/or discharge of any such claim.
If you downloaded our app from Apple’s App Store, you also represent and warrant that:
(i) 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
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with any applicable third party terms when using our app (for example, you must not be in violation of your wireless data service terms when using our app). You must use our app in accordance with the Usage Rules in the current Apple’s App Store Terms of Service available here. You will only use our app on an Apple-branded device. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Service. Apple and its subsidiaries may enforce these Terms of Service in accordance with the Contracts (Rights of Third Parties) Act 1999. There is no requirement to obtain consent from Apple, any Apple subsidiary or any other person who is not a party to these Terms of Service in order to rescind, vary, suspend, enforce or terminate these Terms of Service, or to assign or transfer any rights or obligations, or to grant any waiver under these Terms of Service.
21. ADDITIONAL TERMS FOR GOOGLE PLAY APP DOWNLOADS
This section contains additional terms that apply to you if you have downloaded Skout from Google Play. With respect to the relationship between TMG and Google, the responsibility for our app is allocated as follows:
These TOS are between you and TMG, not between you and Google. TMG, not Google, is solely responsible for our app, its content and the Services. Our responsibilities and liabilities to you are explained in the other sections of these TOS. Google has no obligation or liability to you with respect to our app or these TOS. You should contact us, not Google, if you have any problems when using our app, or if you want to let us know about any errors or performance issues with our app.
If you have downloaded our app from Google Play, you must also use our app in accordance with the current Android Market Terms of Service available here. Google is a third-party beneficiary of these Terms. Google may enforce these Terms of Service in accordance with the Contracts (Rights of Third Parties) Act 1999.
22. INFORMATION ON THE RIGHT OF WITHDRAWAL FOR EEA AND UK RESIDENTS
Right of withdrawal
The following right of withdrawal applies for Consumers residing in the European Economic Area (EEA) or the United Kingdom (UK) regarding the conclusion of the contract on the basis of these Terms.
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us, The Meet Group, Inc.
100 Union Square Drive, New Hope, PA 18938, email:support@themeetgroup.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post, or e-mail). You may use the attached model withdrawal form but it is not obligatory. You may use the attached model withdrawal form but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you requested to begin the performance of services during the withdrawal or cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you without undue delay and in any event no later than 14 days from the day on which we are informed about your decision. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Sample withdrawal form
To:The Meet Group, Inc., 100 Union Square Drive, New Hope, PA 18938, email: support@themeetgroup.com
I hereby give notice that I withdraw from my contract for the following services:
— ordered on:
— Name of the consumer:
— Address of the consumer:
— Signature of the consumer (only if the form is noted on paper):
— Date:
B. Streamer Subscription Terms of Use
These Streamer Subscription Terms of Use (“Streamer Subscription Terms”) govern the use of the Streamer Subscription feature (the “Streamer Subscription”) within Skout (the “Platform”) provided by The Meet Group, Inc. (“Company,” “we,” “us,” or “our”). By subscribing to a Streamer Participant, you (“Subscriber” “you,” or “your”) agree to these Streamer Subscription Terms. These Streamer Subscription Terms supplement our TOS and Community Guidelines, as applicable, and any other terms that may be applicable from time to time, the provisions of which are incorporated by reference into these Streamer Subscription Terms (together: “Terms”). In the event of any conflict between these Streamer Subscription Terms and our Terms of Service, or any other terms that may be applicable, the Streamer Subscription Terms shall prevail, solely with respect to your use of the Streamer Subscription(s) and solely to the extent of the conflict.
1. Subject of the Streamer Subscription
The Streamer Subscription will give you access to additional functions and content on the Platform as described below. Your Streamer Subscription will be limited to the specific account of another user of the Platform to which you subscribe (“Streamer Participant”). It is a paid monthly subscription, and your access is subject to your compliance with the Terms, in particular your obligation to pay the subscription fees.
1.1. Benefits
Depending on your subscription, as a Subscriber, you will receive benefits as described on the Subscription Page, such as: Subscriber Badge (You will have a special badge displayed on your profile within the livestreams of the Streamer Participant to whom you subscribe, indicating your Subscriber status); Subscriber-Only Chat (The ability to chat in the livestreams of the Streamer Participant to whom you subscribe when the Streamer Participant has activated Subscriber-Only Chat mode); Special Entrance (Animated announcement when you enter the livestreams of the Streamer Participant to whom you subscribe). Benefits may be subject to changes and remain in our sole discretion.
1.2. Contractual relationship
By subscribing, you form a contractual relationship with us, not with the Streamer Participant. The contractual relationship and all rights and obligations between the Streamer Participant and us are exclusively governed by the contractual relationship existing between the Streamer Participant and us. You are not granted any rights against a Streamer Participant by concluding a Streamer Subscription. In particular, it is at our sole discretion whether and to what extent the Streamer Participant receives Diamonds.
2. Eligibility
To subscribe to a Streamer Subscription, your account must be active, in good standing and in compliance with the Terms. You must have downloaded or updated to the newest version of the Skout app on the Apple App Store or Google Play, have accepted applicable Terms and Conditions of Apple or Google and have a registered and active Skout account.
You will only have access to your Streamer Subscription through your account via the Skout app available on the Apple App Store or Google Play. The Streamer Subscription is not available on web. You can only subscribe to eligible Streamers.
3. Streamer Subscription
The Streamer Subscription is concluded, billed, charged, renewed and can be cancelled or terminated through the Apple App Store or Google Play, and is subject to the technical standards and principles established by Apple or Google, over which we have no control.
3.1. Conclusion
You can initiate the subscription process on the Platform, for example by navigating to the profile of the Streamer Participant you want to subscribe to, where you can click on “Subscribe” or a comparable button or icon that will lead you to a page where you will be informed about the main characteristics of the Streamer Subscription, the contract term, minimum duration of your subscription and billing period, the price charged per billing period and the conditions for terminating your subscription (“Subscription Page”). As a rule, a purchase via the Apple App Store or Google Play will take place when you click on “Buy now” (or a comparable button that indicates your obligation to pay) and, when required, you enter your password or equivalent credentials (e.g., touch ID or face ID) for the Apple App Store or Google Play. Your contractual relationship will be confirmed on the date that Apple or Google send you an email confirmation of your order and Apple or Google will invoice you for any subscription charges through your Apple or Google account. You will also find in the Apple App Store or Google Play the essential information that you need about your contractual relationship with Apple or Google.
3.2. Billing, Payments and Renewal
For your Streamer Subscription you will be charged with a monthly fee, payable at the time of subscription and, if not cancelled, at the start of each billing period. The price payable will be visible on the Subscription Page before you place your order and in your confirmation email.
Your Streamer Subscription will automatically renew each month on the same terms unless you cancel the subscription at least 24 hours before the expiry of the current billing period. Please note that country- or region-specific differences may apply, as described in section 3.5.
3.3. Cancellation
You can cancel your Streamer Subscription at any time through Apple or Google. If you cancel, your Streamer Subscription will expire at the end of your current billing period.
To cancel you can visit the profile of the Streamer to whom you are subscribed, click on “Unsubscribe” (or a comparable button or icon) and follow the instructions. You can also follow the instructions how to cancel a subscription provided by Apple ( https://getsupport.apple.com/ ) or Google ( https://support.google.com/googleplay/ ).
If you subscribed through the Apple App Store, refunds are handled by Apple, not us. You can request a refund from Apple as described above. All other users may request a refund by contacting us at support@themeetgroup.com, or by mailing or delivering a signed and dated notice that states that you, the Subscriber, are cancelling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: The Meet Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA.
3.4. Multiple Streamer Subscriptions
If you have subscribed to more than one Streamer Participant, make sure to cancel the correct subscription. Each Streamer Subscription is identified with a number (e.g. “Streamer Subscription 1”, “Streamer Subscription 2”). If you cancel via a Streamer Participant’s profile, you will be given instructions as to which Streamer Subscription to cancel. Select the “Unsubscribe” option, as described in section 3.3, and follow the prompts to be directed to the subscription management features of Apple or Google, where you can confirm your cancellation.
3.5. Country- or region-specific termination rights
Please note that for some countries and regions, special cancellation policies may apply that grant you the right to terminate your Streamer Subscription before the end of the current billing period and/or allow you to claim a refund. You will find all relevant information on the support pages of Apple ( https://getsupport.apple.com/ ) or Google ( https://support.google.com/googleplay/ ).
4. Termination or Suspension
We reserve the right to terminate or suspend your Streamer Subscription and access to the Streamer Subscription at any time and at our sole discretion, including if you violate the Terms, engage in any prohibited behavior, or your account is blocked by the Streamer Participant.
5. Streamer Generated Content
We will use our best efforts to supervise the compliance of all Streamers with our Terms and encourage you to notify us of any breaches. However, wecannot and do not guarantee the continued quality, availability or consistency of the content generated by the Streamer Participant and you understand that the content made available to you as part of a Streamer Subscription may change during a billing period. You acknowledge that the Streamer Participant may share content that you do not enjoy or not share any content at all. Please note, that this does not entitle you to claim a refund. If you do not wish to continue your Streamer Subscription, it is your responsibility to cancel it before commencement of the next billing period in accordance with sections 3.2 – 3.5.
6. Intellectual Property
6.1. Ownership
By subscribing to a Streamer Participant, you acknowledge and agree that you do not acquire, nor shall you claim to acquire, any intellectual property rights, including but not limited to copyrights, trademarks, or any other proprietary rights, in the content produced by the Streamer Participant, the Service, or any related materials. All such rights remain with the respective Streamer Participant or us.
6.2. Content Usage
As a Subscriber, you may have access to exclusive content and interactions with the Streamer Participant. However, you are granted a limited, non-exclusive, non-transferable license to access and use this content solely for personal, non-commercial purposes and solely within the limits of the Platform. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content without the express written consent of the Streamer Participant or us, as applicable.
7. Streamer Suspension or Termination
In the event that a Streamer Participant’s account to which you have a Streamer Subscription is deleted, suspended or unavailable for any reason, including if your account is blocked by the Streamer Participant, we will notify you and provide you with instructions to cancel your Streamer Subscription. As we cannot cancel your Streamer Subscription on your behalf, you are responsible for cancelling your Streamer Subscription as described in sections 3.2 – 3.5. Until you cancel your Streamer Subscription, you will continue to be charged in accordance with section 3.2. You will be given virtual goods equivalent to the monthly value of your Streamer Subscription until your cancellation is effective.
8. Right of Withdrawal or Cancellation (For EU/UK):
The following information only applies if you are based in the EEA or the UK.
Withdrawal information
You have the right to withdraw from or cancel this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal or cancellation, you must inform us by contacting The Meet Group, Inc., Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA, Email: support@themeetgroup.com, of your decision to withdraw from or cancel this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal / cancellation form, but it is not obligatory.
To meet the withdrawal or cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from or cancel this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal or cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal or cancellation form
(complete and return this form only if you wish to withdraw from or cancel the contract)
To: The Meet Group, Inc., Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA, Email: support@themeetgroup.com
I hereby give notice that I withdraw from or cancel my contract for the provision of the following service:
Ordered on:
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper),
Date:
C. Streamer Subscription Participant Terms of Use
These Streamer Subscription Participant Terms of Use (“Streamer Subscription Participant Terms”) govern your (“you”, “your” or “Streamer Participant”) participation in the Streamer Subscription feature (the “Streamer Subscription”) within Skout (the “Platform”) provided by The Meet Group, Inc. (“Company,” “we,” “us,” or “our”). By choosing to participate in the Streamer Subscription, you agree to these Streamer Subscription Participant Terms. These Streamer Subscription Participant Terms supplement our TOS and Community Guidelines applicable, and any other terms that may be applicable from time to time, the provisions of which are incorporated by reference into these Streamer Subscription Participant Terms (together: “Terms”). In the event of any conflict between these Streamer Subscription Participant Terms and our Terms of Service, the Cash Redemption Terms or any other terms that may be applicable, the Streamer Subscription Participant Terms shall prevail, solely with respect to your participation in the Streamer Subscription and solely to the extent of the conflict.
1. Subject of the Streamer Subscription Participation
Streamer Subscriptions allow other users of Skout (“Subscribers”) to support their favourite Streamer Participant through a monthly subscription that provides access to additional functions and content on the Platform. As a Streamer Participant, your account will become available for subscription.
1.1. Streamer Participant features
As a Streamer Participant you will have access to additional features and functions of the Platform, such as: “Subscribe” or comparable button or icon in your Platform profile and/or livestreams; customizable subscription name and emoji; additional diamond rewards for paid subscriptions (see section 1.3); customizable subscriber chat color and Subscriber-Only Chat. Streamer Participant features may be subject to changes and remain in our sole discretion.
1.2. Contractual relationship
By subscribing, the Subscriber forms a contractual relationship with us, not with you. The contractual relationship and all rights and obligations between the Subscriber and us are exclusively governed by the contractual relationship existing between the Subscriber and us. You are not granted any rights against a Subscriber. In particular, it is not within the Subscriber’s discretion whether and to what extent you receive Diamonds.
Nothing in these Streamer Subscription Participant Terms will be deemed to create or be construed as creating any partnership, joint venture or employment relationship between you and us.
1.3. Diamond Rewards
As a Streamer Participant, you will receive virtual Diamonds for each new subscription and renewal to you, which will be added to your account on a monthly basis, subject to your compliance with the Terms (“Subscription Diamonds”). You will not be entitled to receive Subscription Diamonds for the period during which your participation in Streamer Subscriptions has been suspended or otherwise terminated. Subscribers may be entitled to a refund for the fees they have paid for a Streamer Subscription or may initiate a chargeback or fail to pay the Streamer Subscription fee and you may therefore not be entitled to any Subscription Diamonds relating to such refunded fees. You are not guaranteed any minimum payment or benefit.
2. Eligibility
To be eligible to be a Streamer Participant, your account must have reached the rank requirements, as applicable and determined by us in our sole discretion (for example “Streamer Rank Gold”), be active, in good standing and in compliance with the Terms. You must have downloaded or updated to the newest version of the Skout app on the Apple App Store or Google Play, have accepted applicable Terms and Conditions of Apple or Google and have a registered and active Skout account. We reserve the right to add or modify eligibility requirements in our sole discretion.
If you have cancelled a previous Streamer Subscription participation you are excluded from participating again. We may, in our sole discretion, make exemptions from this rule on a case-by-case evaluation.
You will only have access to your Streamer Subscription through your account via the Skout app available on the Apple App Store or Google Play. The Streamer Subscription is not available on web.
3. Streamer Subscription Participation
Participation in the Streamer Subscription is free of charge and can be cancelled any time. Your decision to opt-in to the Streamer Subscription feature is entirely voluntary.
You can initiate the participation process as soon as you fulfill the eligibility requirements by following the prompts in the Skout app. Your participation starts when you accept these Streamer Subscription Participant Terms and click on “Let’s go!” or a comparable button.
4. Cancellation
You can cancel your participation at any time by contacting us at via email to support@themeetgroup.com or by mailing or delivering a signed and dated notice that states that you, the Streamer Participant, are cancelling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: The Meet Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA.
Please note that after cancelling your participation you will not be able to participate in a Streamer Subscription again as laid out in section 2.
5. Termination or Suspension
We reserve the right to terminate or suspend your Streamer Subscription Participation and access to the Streamer Subscription at any time and at our sole discretion, without notice, for any reason, including if you violate the Terms or engage in any prohibited behavior.
6. Your Content
You understand that you are responsible for the content of your Streamer Subscription, and it is at your discretion as to when, how much and whether you stream at all. However, you must abide by the Terms and Content and Conduct Policy. We are not responsible for, and accept no liability for, the content of your Streamer Subscription.
7. Suspension or Termination
To the extent permitted by applicable law,wemay change or stop offering Streamer Subscriptions or terminate or suspend your participation in the Streamer Subscription at any time in our sole discretion, including for breaches of the Terms.