What’s New in the Terms of Service:
- We have changed the eligible age range for members of Skout
- We have clarified our policies regarding subscriptions and virtual currency
WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR MEMBERS
This document constitutes a legally binding agreement between you and The Meet Group, Inc. ("Company") The Service(s) are not intended for use by persons under 18 years of age.
Agreement to TermsBy accessing or using our Services, you agree that (1) you are age 18 or older, and (2) you understand and agree to these Terms. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Services or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Services anymore. If you object to any change or modification, your sole recourse shall be to cease using the Services. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by Company with respect to paid portions of the Services, we reserve the right to add, change, suspend or discontinue the Services, or any aspect or feature of the Services, without notice or liability.
Who May Use the Services
You may use the Services only if you are 18 years or older and are not prohibited from using the Services under applicable law or under any provision of these Terms. Additional eligibility requirements are as follows.
Eligibility on Skout - Criminal History and Background Checks of Users
By requesting to use, registering to use, and/or using the Services, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR MEMBERS. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with your representations and warrants above. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
Creating a Skout Account
To access and use the Services, you will need to register and create an account (your "Account"). You can do this by providing an email address and password or through your account with Facebook. When creating an Account, you will be required to provide certain personal information about yourself, including your age. If you choose to register your Account using your Facebook account, we will extract certain personal information from your Facebook account, such as your name, age, email address and other personal information that your privacy settings on your Facebook account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. It is especially important that you are truthful when identifying your age. Your profile may be deleted, and your Account may be terminated without warning, if we believe that you are under 18 years of age.
You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.
Content and Content Rights
For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.
Content Ownership, Responsibility and Removal
We do not claim any ownership rights in any Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Company and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Company a perpetual, irrevocable, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating, providing, and promoting the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Company on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as virtual gifts you give or chat messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Company
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
You may purchase a subscription product (such as Skout Premium) in various packages, such as one-month, three-month, or six-month subscriptions. For all mobile subscriptions, payment will be charged to your iTunes or Google account when you confirm your purchase. 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 iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
Both Apple and Google facilitate “free trials” of subscription products (such as Skout Premium) for first-time users and we take advantage of that ability. For example, from time to time we offer a free initial week to first-time Skout Premium subscribers. Eligibility for any such trial is limited to users who have not previously subscribed to Skout Premium, through either a current or prior Skout Premium account. If you are a previous Skout Premium 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 Premium.
Purchases of Subscriptions are non-refundable 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.
Right to Terminate Subscription
You have the right to terminate (or withdraw from) your subscription within fourteen (14) days of acceptance, for any reason. 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 firstname.lastname@example.org 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.
f you terminate (or withdraw) from your subscription, we will refund the payments we have received from you, minus any amount of Virtual Currency that you have consumed. If you wish to terminate (or withdraw from) your purchase of Virtual Currency, we will refund the payments we have received from you, minus any amount of Virtual Currency 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.
Virtual Currency and Gifts
When you purchase or receive Virtual Currency products such as Skout Points you do not own them. Instead, you receive a limited right to use them for eligible services and merchandise on Skout such as saving pictures and the purchase of virtual Gifts for other users.
You may use Virtual Currency to purchase Gifts for other users. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the Skout platform when, as, and if allowed by us. All sales of Gifts are final and we do not offer refunds for any purchased Gifts. We are not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that we modify, suspend, or terminate the Gift program, or for loss or damage due to any service error, or any other reason.
Purchases of Virtual Currency and Gifts may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency or Gifts at any time, as well as the ways you can use Virtual Currency and Gifts. We reserve the right to suspend, revoke, or stop issuing Virtual Currency and Gifts or permitting their use at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency and Gifts. Virtual Currency and Gifts may not be directly 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 accumulated Virtual Currency and Gifts without refund or other compensation. You agree that we will have no liability to you based on our exercise of our rights with respect to Virtual Currency and Gifts.
Gifts purchased or received by any user do not constitute property and are not transferable.
Each user who receives a Gift from another user during a video broadcast may get a number of Diamonds as determined by us. By early 2018, we expect that users may be able to redeem Diamonds for cash. Initially a user must cash out at least two hundred dollars ($200) worth of Diamonds for each request, and may cash out only once per day. We may change the cash-out minimum increments and frequency from time to time, and we reserve the right to do so at any time without notice. We reserve the right to suspend, revoke, or stop redeeming Diamonds for cash at any time without notice, refunds, or compensation. 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 feature in our sole discretion. The cost of the Gifts that you give to another user may not correlate to the amount of money such user is entitled to receive from us. You agree that we will have no liability to you based on our exercise of our rights with respect to Diamonds.
We may use a third-party vendor (e.g. PayPal, Inc.) for cash redemption. Users wishing to redeem Diamonds for cash must 1) have a valid PayPal account, 2) must agree to said vendor’s terms of service, as well as its policies and procedures, and 3) bear any charges that said vendor may impose. User understands that all information submitted during the cash out process will be stored by vendor on vendor’s servers, and will not be under our control. You understand that we have no control over our third-party vendor’s practices and user releases Company from any and all liability associated with information submitted to our third party vendor, including, without limitation, liability related to the unauthorized release or use of user’s information. We reserve the right to verify your identity and eligibility to receive cash redemptions prior to payment.
All Diamonds, Virtual Currency, and Gifts in your account are forfeited if you delete your account or your account is terminated for any reason. You forfeit all Diamonds, Virtual Currency, and Gifts if we determine that you are abusing or fraudulently using Skout or any of its features and services, in our sole discretion. We will not reinstate any Diamonds, Virtual Currency, or Gifts you lose or forfeit, unless we have made an error, in our sole discretion.
All users who redeem Diamonds are solely responsible for the reporting and payment of any taxes due on the amounts redeemed.
Acceptable Use Policy, Rules and Restrictions and Our Enforcement Rights
Acceptable Use Policy
We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you'll only use the Services for lawful purposes and in a manner that is consistent with our Acceptable Use Policy. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy we may suspend or terminate your Account.
Rules and Restrictions
The Services are for your personal and noncommercial use only. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to the Services.
Conduct On Skout
You may not use Skout to:
- upload or transmit any Content that is unlawful, threatening, abusive, obscene, violent, patently offensive, invasive of another's privacy, contains personally identifiable information of another or promotes racism, bigotry, hatred or harm (including self-harm) or is otherwise objectionable;
- upload or transmit images which contain nudity, weapons, violence, or unlawful drugs;
- harm, stalk or otherwise harass another;
- impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be a minor if you are not);
- advertise or promote products or services (including your own) other than Skout;
- upload or transmit any Content while operating a motor vehicle or under any other unsafe conditions;
- upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party;
- upload or transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation, or offer any contest, giveaway, or sweepstakes;
- upload or transmit software viruses or any other harmful computer code, files or programs, or use any data mining, robots, or similar data gathering or extraction methods;
- disrupt or impose an unreasonable burden on Skout (or another person’s use of Skout) or networks connected to Skout, or breach or attempt to breach the security of Skout; or
- register accounts or post Content automatically, systematically, or programmatically.
You further agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Keep your password private and secure, and always remember to log off of Skout at the end of each session.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
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. Companies and other organizations may not become members of Skout nor use Skout without our express prior 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.
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. We may terminate accounts that are inactive for an extended period of time.
These guidelines are not exhaustive, and we have the right to make all judgments regarding the applicability of these guidelines – in letter or in spirit – in our sole and absolute discretion.
Safety and Security
We care about your safety and have created a resource to help you use our Services. Please review www.socialsafety.org for important tips to help you stay safe when using our Services. While we take steps to provide a safe user environment in our online communities, Skout is not responsible for the conduct, whether online or offline, of any user of its Services.
Disclosure to Protect Abuse Victims>
Notwithstanding any other provision of these Terms, We reserve the right, but assume no obligation, to disclose any information that you submit to the Service if in our sole opinion we suspect or have reason to suspect that the information involves a party who may be the victim of abuse in any form. Abuse may include without limitation elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include without limitation law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosures.
Company's Enforcement Rights
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or inß violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Complaints and Law Enforcement Contact Information
To resolve a complaint regarding the Service, you should contact email@example.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Company via email to firstname.lastname@example.org. All other communication or inquiries sent to this email address will be discarded.
Disputes and Arbitration
You agree that any dispute relating in any way to these Terms or Skout, including without limitation your or third parties’ access to or use of Skout, will be resolved by binding arbitration as discussed below and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).
YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE IF YOU TELL US WITHIN 60 DAYS OF YOUR FIRST DOWNLOAD OR USE OF SKOUT THAT YOU WANT TO OPT OUT. IF YOU WANT TO OPT OUT, SEND A WRITTEN NOTICE ADVISING US OF YOUR DECISION. UNLESS YOU OPT OUT OF ARBITRATION, YOU ARE WAIVING THE RIGHT TO HAVE A DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENTAL TRIBUNAL.
YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT A NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
We will pay any costs that are required to be paid by us under the arbitration administrator’s rules. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees that you have paid. We will also pay any fees of the arbitrator and the arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the arbitration administrator’s rules and applicable law. If you are unable to afford any fees that you would otherwise be required to pay, you may request us to pay or reimburse them, and we will consider your request.
Rules and forms for filing an arbitration claim can be found at www.jamsadr.com or www.adr.org. Arbitration hearings will take place in the federal judicial district that includes your address at the time the arbitration is filed.
Permitted Time For Filing A Claim or Lawsuit
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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We respect copyright law and expects our users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use 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 the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please provide claims of copyright or other intellectual property infringement to us at email@example.com. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.
Links to Third Party Sites or Resources
The Services may include links to other apps or sites that are not operated by us, including through advertisements. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such apps or sites. If you decide to download a third-party app or access a third-party site, even if you do so to earn "free Skout Points", you assume all risk related to such access and use.
You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services ("Feedback") will be the sole and exclusive property of Company and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Skout may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.
We may terminate your access to and use of the Services, at our sole discretion, at any time, for any reason or no reason, and without notice to you. You may deactivate your Account at any time by clicking the "Deactivate Account" button within your Settings page. When you deactivate your account, your profile and Account will not be viewable by other members of the Services. If you do not reactivate your account within 60 days, your Account will be terminated and closed. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT.
Limitation of Liability
NEITHER COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES (REGARDLESS OF HOW SUCH DAMAGES ARE CHARACTERIZED) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESES EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO COMPANY FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
These Terms constitute the entire agreement between us regarding the Services, and supersede and replace any prior agreements we might have between us regarding the Services. These terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of law principles. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) by us via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. As used in these Terms, the word "including" means "including but not limited to." Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.
Last updated: February 19, 2019
When you create a profile on Skout, your personal information may be also visible to users of MeetMe, and the other applications we own, such as Flurv, Boy Ahoy and others. You may opt out of this feature in your Settings tab.
If you are under the age of 18, you may not download or use Skout. We do not knowingly collect or maintain personal information from children under age 18.
II. Controlling and Protecting Your Privacy
Personal Safety. After getting to know someone online, you may choose to meet him or her in-person. If so, be careful and use common sense. Never meet someone in private for the first time; choose a public place, and take a friend. For more information about staying safe, please visit www.socialsafety.org, a public service website from The Meet Group, Inc.
Account Settings. You can change your account settings at any time. You should review these settings regularly.
Deleting Your Account. You can edit or delete information that you upload to our Service and you can delete your account, but you can,not recall or delete information that others have copied. When you delete your account, some or all of your information may remain on our servers, but you will not be able to access it.
Deleting Your Information and Content. You can request us to delete your posted information and content. To do so, send an email to firstname.lastname@example.org from the email address associated with your account, requesting deletion.
Location Information. We collect your location when you first register with our Service and each time you log in on a mobile device. On Skout, you can control whether other users see your precise location after initial log in through your operating system’s settings. If you choose not to share your location on Skout, we will use you IP address to display an approximate location. We may still use your precise or approximate location (such as for security or advertising purposes) even if you choose not to display it to other users.
We do not “track” your location, but we do collect location information from your device or browser when you log in or use our Service, such as when you visit a particular feature that uses location. In addition, as with most location-enabled applications, we and our third-party partners may access your location any time your device is on, whether or not you are logged-in to our Service. But we do not share your precise location with other users.
Password. Store your password in a safe place, and do not share it with anyone. If you think someone has your password, change it immediately.
Posting Information. Posting personal information on public areas of our Service will make it publicly available. The personal information you post or share with others may in turn be shared by them with still other users and it may also show up when someone uses a public search engine (even if that person is not a user of our Service). Do not post personal information in public areas of our Service that you want to keep private.
Third Parties. We are not responsible for (and don’t have any control over) the privacy policies of third party websites, apps and ad servers. We encourage you to read the privacy policies of each and every website and app you visit.
Opting Out of Receiving Cookies. You may set your browser to block some or all cookies. However, our Service might not fully function if you disable cookies. If you use multiple devices, browsers or computers, you will need to opt out of receiving cookies on each one. Also, if you change devices or computers you will need to repeat this opt-out process. You may also be able to opt-out of receiving cookies from some advertisers.
Do Not Track Signals. Some Internet browsers include the ability to transmit “Do Not Track” signals, but there are no uniform standards for this. We do not process or respond to “Do Not Track” signals.
III. Information We Collect
We collect different types of personal information about you and your activities. We collect personal information when you register, log into, and use our Service, including the features you use, the pages and screens you visit, and the information you enter, such as chats or demographic information that you share in your profile on our Service. The specific examples in the following bullets are not meant to be exhaustive.
Email Address And Phone Number. We may require a valid email address or phone number to register for our Service. This email will be stored in our servers while you have an account with any of our Services. We will use this email address to contact you, but you may opt out of promotional email contact in the Settings tab. We may use your phone number to verify your account, but generally will not otherwise contact you by phone.
Profile Information You Provide. We collect the personal information that you provide to create your profile on our Service, including any metadata (such as location where a photo you upload was taken).
Automatically Collected Information. We receive and record information from your device or browser, including your mobile device identification (Google AdID, Apple IDFA, device ID, etc.), IP address, cookie and beacon information, and geographic location. Unless you have disabled location collection at the device level, we will continue to collect location information even if you have opted out of sharing location information on your profile.
Activity and Usage Information Including Your Content. We collect information about the features you use, the pages and screens you visit, and your transactions with us and with our partners and vendors, including information about your use of products or features offered through our Service. We and certain third-party partners may access your private chats and postings in order to improve your experience on our Service, for content moderation, for safety, and legal process purposes.
Third Party Platform Registration (such as Facebook, Apple App Store or Google Play Store). When you download or register for our Service by or through a third party platform we may also access and/or collect certain information from your third party platform account or by cookies placed on your device by such third party site. For example, if you create your account on our Service using Facebook, we may use the following information from Facebook to establish your account: your email address, hometown, gender, profile photo, date of birth, friends list and userID. In addition, in the course of providing our Service on third party platforms, such as the Apple App Store or the Google Play Store, the platforms may collect information about you or receive information from us in order for that platform to provide and analyze their services. Please note that these platforms are developed and administered by people or companies not affiliated with us or any of our Services and that we are not responsible for the actions of those people or companies. You should carefully review the terms of service and privacy policies of the platforms that you use to access our Service.
Advertisers. Advertising revenue helps us to support and improve our Services. Third party advertising companies may collect information using cookies, AdID, IDFA and other sources. Advertisers may use these and other sources in connection with our Service in order to collect and use data regarding advertisement performance and your interests for the purpose of delivering relevant advertising. To view a list of our current main ad partners, click here.
We may also collect information about you from other sources, such as other services and other users of our Service.
IV. How We Use and Disclose the Information We Collect
We process personal information: (i) to execute transactions that you request, (ii) when you provide your explicit consent, (iii) for our legitimate business interests such as maintaining our books and records, securing and protecting the integrity of our Service, and for Service development; and (iv) to meet applicable legal requirements.
Specifically, we use and disclose your information in the following ways:
To customize your experience on our Service, including suggestions about features you may enjoy or people you may want to meet.
To provide customer service in response to questions or concerns you may bring to our attention.
For marketing purposes. We share information with companies we do not own, including information collected from cookies, such as your location, IP address, AdID or IDFA and certain demographic information, in order to allow our marketing partners to optimize our ad campaigns.
For advertising purposes. We share information with companies we do not own, including information collected from cookies, such as your location, IP address, AdID or IDFA and certain demographic information (such as age and gender), in order to allow these companies to deliver relevant ads.
For research. To conduct research, including the numbers and types of visitors, and analyze traffic on our Service. We share some user data with companies we do not own to conduct this research.
For development and testing. To develop and test new products and features, and improve our current ones, including by conducting surveys of our users, which might be conducted with or by companies we do not own.
Bug fixes and product improvement. To find and fix technology problems. We send data to companies we do not own in order to analyze bugs in our websites and apps so that we can keep them running smoothly.
- to verify accounts and activity;
- combat harmful conduct, such as abusive behavior and other violations of our Terms of Service;
- detect and prevent spam;
- detect and prevent fraud;
- maintain the integrity of our Service; and
- promote safety and security on our Service, such as monitoring for illegal activity and reporting to the appropriate authorities.
Contacting you. To contact you by email, text messaging, phone, autodialer or otherwise, including to invite you to participate in surveys and contests, and provide you updates and information about the Service and our other products and services. You can opt out of receiving promotional email or push notifications at any time in the Settings tab.
Profile display and sharing. To display your profile on other websites and applications that we own, such as MeetMe, BoyAhoy, and Flurv. You may opt-out of having your profile shared on other applications in the Settings tab. Live videos will still be visible to users of MeetMe even if you have opted out of having your profile shared.
Cookies and mobile ad identification. We may set and access cookies or use AdID or IDFA information on your device or computer to customize your experience. These files help us with the following:
- Authentication: Cookies are used to keep you logged into our site as you navigate through different pages.
Cooperation with law enforcement. We cooperate with government and law enforcement officials to enforce and comply with the law. We report threats of violence or self-harm and other illegal activities proactively, and we may disclose information about you to government or law enforcement officials in order to: (1) protect the safety and security of our users and members of the public or (2) satisfy subpoenas, court orders, or other governmental requests.
Management of our company. We will process your information as needed to maintain our financial books and records, engage in sales of goods and services to members and advertisers, ensure the integrity and security of our systems and resources, operate our work environment, and respond to any potential compromise of anyone’s personal information.
Advertisers. We may share information with third parties for the purposes of delivering relevant, personalized advertisements or content on our Service and on the websites or applications of third parties. To achieve this purpose, our partners may use the shared information (i) to evaluate the nature of the connection across your devices, browsers, or applications; (ii) to assess the suitability of your desktop or mobile device for interest- or demographic-based content; (iii) to provide information and inferences about user interests to third parties; and (iv) to develop insights and reports relating to the presentation of customized advertisements or content, including statistical reports in connection with activity on a website, optimization of ad placement and performance, development of reach and frequency metrics, billing activities, and tracking ads served on a particular day to a particular account. Our partners may also combine shared information with additional non-identifying information collected from other sources to enhance these activities.
V. Data Security and Storage
We use industry standard security measures to prevent the loss, misuse and alteration of the information under our control. However, we cannot guarantee that our security measures will prevent “hackers” from illegally obtaining this information. We will store and maintain your personal information for as long as necessary (i) for the purposes for which it was collected, (ii) to meet our current and future legal obligations, including compliance with our records retention practices, and (iii) as permitted to meet our legitimate interests. Our Service is hosted in the United States and we maintain your information in the United States and elsewhere on the cloud. If you are outside the United States, you agree to have your data transferred to and processed in the United States and elsewhere. When we transfer personal data outside of the European Economic Area, we ensure an adequate level of protection for the rights of data subjects based on the adequacy of the receiving country’s data protection laws and contractual obligations placed on the recipient of the data. A copy of these safeguards may be made available by writing to us at the address provided in the Contact Information section below.
VI. Access to Your Personal Information
If you wish to obtain a copy of your personal information, please contact email@example.com. In order to protect the data of others, requests will only be honored that come from the email used to set up your account on our Service.
VII. Deletion of Your Personal Information
You may delete your account at any time, and your personal information will be deleted in the normal course of business pursuant to our current data retention practice. You may request to have all your personal information deleted by contacting firstname.lastname@example.org. We will comply with all deletion requests to the extent permissible by law and will not delete data that we are legally required to maintain (such as data subject to a current and valid preservation order or transaction data required for audit or substantiation purposes).
VIII. California Resident Rights
California Privacy Rights. California Civil Code Section 1798.83 permits our users who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us by mail at Member Services, The Meet Group, Inc. 100 Union Square Drive, New Hope, PA 18938 or by email at email@example.com. Please be advised that we are only required to respond to one request per user each year.
Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of personal information about that user’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personal information about your online activities over time and across different apps or web sites when you use our Service.
Deletion of Content from California Residents. If you are a California resident under the age of 18 and a registered user of the Service, California Business and Professions Code Section 22581 permits you to remove content or information you have publicly posted. If you wish to remove such content or information and you specify which content or information you wish to be removed, please contact us at firstname.lastname@example.org and we will do so in accordance with applicable law. Please be aware that after removal you will not be able to restore removed content or information. In addition, such removal does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow us to enable removal of the content or information.
IX. European Economic Area Residents
If you are a resident of the European Economic Area, you have the following data protection rights:
If you wish to access, correct, update or request deletion, restrict processing, object to processing, or request porting of your personal information, you can do so at any time by contacting us at email@example.com. Please see sections VI and VII above for more information.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. You can manage your account settings and email marketing preferences in the Settings section.
Similarly, if we have collected and processed your personal information with your consent (such as for advertising), then you can withdraw your consent at any time in the Settings section. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Please note that if you opt-out of having your data shared with advertisers, you will still see ads, they just will not be tailored to your interests.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Questions & Contact Information
Our Data Protection Officer:
represented by Prof. Dr. Christoph Bauer
Große Bleichen 21
For all requests concerning the security of your data, please contact our data protection officer at firstname.lastname@example.org.
If you have a particularly sensitive request, please contact our data protection officer via postal mail, as email communication cannot be guaranteed to be secure.
Mail: The Meet Group, Inc.
100 Union Square Drive
New Hope, PA 18938
Attn: Legal Department
Last Updated: February 19, 2019