Terms of Use

Updated April 22, 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 Skout 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 Skout Terms Inquiries, 100 Union Square Drive, New Hope, PA 18938, USA. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not Skout. You can request a refund from Apple through your Apple ID 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 ID, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not Tagged. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.

Skout is owned and operated by The Meet Group, Inc. If you have any questions or comments about these Terms of Use, please contact us at support@themeetgroup.com.

Please read these Terms of Use carefully, which include and hereby incorporate the Privacy Policy and the Content and Conduct Policy (collectively, the "Terms"). Skout provides a service that allows Account holders to create unique personal profiles and communicate with other members. These Terms govern and apply to your access and use of Skout's social networking services available via Skout's mobile apps (Skout, Flurv, and BoyAhoy) (collectively, the "Apps") and Skout's websites (www.skout.com) (collectively, the "Sites"). To make these Terms easier to read, the Sites, our services and the Apps are collectively called the "Services."

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 Terms

By 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.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information, including personal information, from our users.

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, 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 Skout 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.

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.

Subscriptions

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 support@themeetgroup.com.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 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 of our app or other apps which are visible to you. 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.

Rewards

Each user who receives a Gift from another user during a video broadcast may get a number of Diamonds as determined by us. Users may redeem Diamonds for cash. 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.

Rules and Restrictions and Our Enforcement Rights

Content and Conduct 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 Content and Conduct Policy. If you use the Services in a manner that is inconsistent with our Content and Conduct Policy we may suspend or terminate your Account.

Rules and Restrictions

As a condition of your use of the Services, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules set forth in the Services, Terms of Use, Content and Conduct Policy, or Privacy Policy.

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 violate our Content and Conduct Policy.

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.themeetgroup.com/safety-practices 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

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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 in 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 support@themeetgroup.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Company via email to lawenforcement@themeetgroup.com. All other communication or inquiries sent to this email address will be discarded.

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 Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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 Skout 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 Delaware, 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:

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

Indemnity

YOU WILL INDEMNIFY AND HOLD COMPANY AND ITS 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 YOUR ACTIONS AND/OR ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH SKOUT, YOUR ACCESS AND USE OF SKOUT, YOUR CONNECTION TO SKOUT, YOUR VIOLATION OF THE TOS, YOUR TRANSMISSION OF OTHER USERS’ INFORMATION OR CONTENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

DMCA/Copyright Policy

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:

Please provide claims of copyright or other intellectual property infringement to us at copyright@themeetgroup.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.

Feedback

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.

Termination

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.

Warranty Disclaimers

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, PARTNERS, 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.

General Provisions

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.

Questions & Contact Information

Please contact us at support@themeetgroup.com if you have any questions about our Terms.

Mail:  The Meet Group, Inc.
     100 Union Square Drive
     New Hope, PA 18938
     Attn: Legal Department

Web:  www.themeetgroup.com

Phone:215-862-7832