Terms of Service

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Terms of Service for Live

Updated as of April 1, 2023

These terms of service (“TOS”) are a legal agreement between you and The Meet Group, Inc. and its U.S. subsidiaries (collectively, “TMG,” “we,” “us,” or “our”) and govern your access and/or use of the live-streaming video feature (“Live”) made available by us on our owned and operated website(s) or application(s) (“TMG Apps”) and/or on the website(s) or application(s) of our Live Partners (“Partner Apps”). If you have any questions or comments about these TOS, please contact us at support@themeetgroup.com.

By accepting these TOS, accessing or using Live, or otherwise manifesting your assent to these TOS, you agree to be bound by (i) these TOS, (ii) the Live Privacy Policy, (iii) our Content and Conduct Policy, and (iv) any additional or special terms for any additional features of Live as may be posted from time to time (collectively, the “Agreement”). If you do not agree (or cannot comply) with all of the terms of these TOS or any other terms of the Agreement, you may not access or use Live.

If you are under the age of 18, you may not use Live.

General

WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS. We reserve the right, however, to conduct any criminal background check or other checks we deem appropriate, at any time, using available public records. BY AGREEING TO THESE TOS, YOU HEREBY AUTHORIZE ANY SUCH CHECKS. We care about your safety and have created a resource to help you to use our products and services, including Live. Please visit http://www.themeetgroup.com/safety-practices for important tips to help you stay safe online.

THE SECTION BELOW TITLED “DISPUTES AND ARBITRATION” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEAGAL RIGHTS. PLEASE READ THEM CAREFULLY.

We reserve the right to change these TOS at any time. You are responsible to keep yourself apprised of any such changes. If we make any material change to the TOS, we will notify you of such change when you open Live. If you object to any terms and conditions of the TOS or any subsequent changes or you become dissatisfied with Live in any way, your only option is to stop using Live. Your continued use of Live after we post revised TOS means that you agree to the revisions.

By requesting to use, or using Live, you represent and warrant that you are not required to register as a sex offender with any government entity.

We use the term “Users” in these TOS to include end users of Live who may be viewing streams but not purchasing Credits, end users who are purchasing Credit and/or giving digital gifts, and to end users who are streaming or broadcasting through Live (such streaming end users are referred to as “Streamers” from time to time.). You are solely liable and responsible for your interactions with other Users on Live. We reserve the right to monitor disputes between you and other Users, but we have no obligation to do so.

Live is for your personal use only and you may not use it for any other purpose. You may not use Live in connection with any commercial activity without our express written approval. Companies and other organizations may not become Users of Live nor use Live without our express written approval. We reserve the right to investigate any suspected unauthorized uses of Live 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 Live, 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.

No Spam Policy

You may not engage in any activity involving spam on Live. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on or through Live. Violations of this policy could subject you or your agents to civil and criminal penalties.

Content

By Content we mean all data, text, software, music, sound, photographs, graphics, artwork, video, pictures, images, posts, broadcasts, messages or other materials of any kind, whether publicly posted or privately transmitted on Live. Any Content you upload, transmit, publish or stream is your sole responsibility. You represent and warrant that when you upload, transmit, publish or stream Content on Live that you own or have the necessary licenses, rights, consents and permissions to do so. We are not responsible for any Content that you upload, transmit, publish or stream on Live. We do not control the posted Content and, as such, we do not control its accuracy, integrity, quality or any other aspect. Under no circumstances are we liable to you or to any third party in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.

You hereby grant us a perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license to use, distribute, reproduce, record, modify, adapt, process, combine, synchronize, create derivative works from, publish, publicly perform and publicly display such Content (including your user name and likeness) on Live, TMG Apps, Partner Apps and elsewhere in any and all media or distribution methods (now known or later developed) for any promotional and other commercial purpose, whether by us, our partners or other third parties, in our sole discretion.

This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve Live, TMG Apps and Partner Apps and to make Content submitted to or on Live available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available on Live.

We may use your feedback, comments and suggestions without any obligation to compensate you for them. We may continue to use and make available any and all Content and we will continue to have all of these rights even if your account on the TMG Apps or Partner Apps is terminated.

You acknowledge and agree that we do not promise to screen or monitor Content, but that we have the right to do so. We have the right to remove any Content that violates the Agreement or that we or others find objectionable. You accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. We reserve the right to block or change your access to Live, or to remove features from your accounts used to access Live, such as Levels, VIP Badges and Diamonds, in our sole discretion.

You may not reproduce, republish, further distribute or publicly perform or exhibit any Content on Live that is not yours.

Credits and Digital Gifts

When you as a User purchase credits or other designated medium of exchange for digital gifts (“Credits”) on TMG Apps or Partner Apps that may be used in Live you do not own them. Instead, you receive a limited, non-transferable, non-sublicensable, revocable right to redeem them for digital gifts that you may use to give to other Users who are Streamers within your same network on Live (the “Network”). To find out which Partner Apps are in your Network, please click here. Credits are non-refundable even if they expire, are revoked or are discontinued. The price for each digital gift will be displayed at the point of purchase. All sales of Credits are final and we do not offer credit or refund for any purchased Credits. When you receive digital gifts from other Users, you do not own them. Instead, you receive a specified corresponding number of Diamonds which may be used as set forth below. We are not responsible for repairing or replacing digital gifts, or providing you or any third party with any credit or refund in the event that we modify, suspend, or terminate the digital gift program, or for loss or damage due to any service error, or any other reason. Credits may be used only within the Network and have no application or value (cash or otherwise) outside of the Network. Credits may not be converted into, or redeemed for, fiat currency or Diamonds within the Network. Credits are also not redeemable for real-world goods, services, discounts or purchases and are intended solely for use within the Network.

We may at any time change the purchase price for Credits or the number of Credit that you may redeem for a particular digital gift at any time, as well as the ways you can use Credits and digital gifts. We reserve the right to revoke or stop the sale of Credits and redemption of digital gifts at any time without notice, refund, or compensation, and to set expiration dates for Credits and digital gifts. Credits and digital gifts may not be redeemed for any sum of money or monetary value. If you delete your account on the TMG Apps or Partner Apps or your account is terminated for any reason, or your account is banned for using Live due to violations of our Content and Conduct Policy or any other reason, you will lose all accumulated Credits without notice, refund or other compensation. You agree that we will have no liability to you, any other user, Content Provider or other third-party based on our exercise of our rights with respect to Credits and digital gifts.

Credits and digital gifts purchased or received by any user do not constitute property or money and are not transferable.

Diamonds

Each Streamer who receives digital gifts from another User on Live may receive a specified number of Diamonds as determined by us. In addition, Streamers may receive Diamonds through other means, in our sole discretion. Streamers may be able to redeem Diamonds for fiat currency or convert the Diamonds into Credits at rates and at times specified by us in our sole discretion. In order to cash out Diamonds, a Streamer must (1) fill out any forms that may be requested, including tax or other government forms (e.g., an IRS form W-9 for U.S. taxpayers and an IRS form W-8 for non-U.S. taxpayers), (2) cash out at least the minimum amount as required by us from time to time worth of Diamonds for each request, (3) meet the eligibility requirements of any third-party vendor, and (4) successfully complete our identity verification and eligibility requirements. We reserve the right to clawback or recover Diamonds or decline or cancel any cash out for any reason, including if any documentation you provide appears to be inaccurate in our sole discretion, if we suspect fraud or other illegal activity, if we cannot verify your identity, or for any regulatory or legal reasons in our sole discretion. You may cash out only once per day. We may change the minimum increments for redemption of Diamonds and frequency from time to time, and we reserve the right to do so at any time without notice. We will also determine the rate of redemption in our sole discretion and we may change the rate from time to time without notice. The rate will be displayed at the point of redemption. You agree that we have the absolute right to manage, modify, and/or eliminate such redemption rights in our sole discretion. The cost of the digital gifts that you give to another User may not correlate to the amount of Diamonds or the amount of cash reward such User is entitled to receive from us. You agree that we will have no liability to you, any other User, including without limitation a Streamer or any third-party based on our exercise of our rights with respect to the Diamonds and any redemption for cash reward.

We use one or more third-party vendors for cash redemption, and Streamers wishing to redeem Diamonds for cash must (1) have a valid account with the third-party vendor (if required), (2) must agree to the vendor’s terms of service, privacy policy and all other policies and procedures (“Third-Party Policies”), and (3) be responsible for any charges that the third-party vendor may impose. You are responsible for all transaction fees in connection with the redemption. You understand that information submitted during the cash redemption process will be collected, used, and stored by the third-party vendor in accordance with the Third-Party Policies, and will not be under our control. You understand that we have no control over our third-party vendor’s practices, and you release TMG from any and all liability associated with information submitted to the third-party vendor, including, without limitation, liability related to the unauthorized release or use of your information or any other user information.

We reserve the right to verify your identity and eligibility to receive cash redemptions prior to payment.

All Diamonds in your account are forfeited if you delete your account on the TMG Apps or Partner Apps or your account is blocked or deleted from Live for any reason.

All Users who redeem Diamonds for cash rewards are solely responsible for the reporting and payment of any taxes due on the amounts redeemed. You acknowledge and agree that we and our payment vendors may report any cash rewards you receive to the IRS or other applicable tax administrator. To the extent we are required to withhold amounts under applicable law, you agree that we may do so.

You acknowledge and agree that we are not a money service business, money transmitter, depository institution or bank.

We agree to comply with applicable law, including U.S. trade control laws and U.S. sanctions laws and regulations. By agreeing to these terms, you represent and warrant that you (1) are not located or domiciled; do not have a place of business; and/or are not conducting business (any of which would make you a “ Resident”) in a jurisdiction in which access to or use of Live is prohibited by applicable law, decree, regulation, treaty, or administrative act, (2) are not a Resident of, or located in a jurisdiction that is subject to U.S. or other sovereign country sanctions or embargoes, and/or (3) are not an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using Live and we may refuse to deliver payments to you.

You acknowledge and agree that you are not an agent, employee or representative of TMG and the Agreement do not create or be construed as any employment relationship, joint venture or partnership with you and TMG.

Our Proprietary Rights

Live and the software used in connection with Live is owned by TMG and its licensors and contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, infringe or otherwise transfer or attempt to transfer any rights in Live, including the software. You may not modify the software in any manner or form or to use modified versions of the software. You may not access Live by any means other than through an interface we provide.

Availability of Service

We may at any time and from time to time modify, restrict your access to or discontinue Live or any feature within Live, temporarily or permanently, with or without notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of Live.

We may without prior warning or subsequent notice terminate your access to Live for any or no reason. We may decide to terminate your access for a number of different reasons, including without limitation (1) if you violate or fail to comply with the Agreement, or other related agreements or guidelines, (2) if you provide false information in your profile, (3) if you do not use Live for an extended period of time, (4) by request of law enforcement or other government agencies, (5) for discontinuance or changes made to Live or any part thereof, or (6) technical or security issues or problems. We will make all termination decisions in our sole discretion, and we will not be liable to you or any third party for any termination of your account or access to your Content or Live.

Dealings With Advertisers

Your correspondence or dealings with, or participation in promotions of, advertisers found on or through Live, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. We are not responsible or liable to you or to any third party for any loss or damage of any sort caused or alleged to be caused in connection with any such dealings or as the result of the presence of such advertisers on Live. We will not be liable to you or to any third party for any failure by an advertiser to provide any service or product you ordered from it.

Third Party Links

Live may provide, or third parties may provide, links to other websites or resources. We have no control over such sites and resources and we are not responsible for their availability. We do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that we will not be responsible or liable, directly or indirectly, to you or any third party for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Disclaimer of Warranties

YOU USE LIVE AT YOUR SOLE RISK. WE PROVIDE LIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

WE DO NOT GUARANTEE THAT LIVE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT LIVE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) LIVE WILL MEET YOUR REQUIREMENTS, (2) LIVE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF LIVE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH LIVE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY CONTENT, INFORMATION, OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH LIVE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR ANOTHERS’ DEVICE OR COMPUTER OR LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH CONTENT, INFORMATION OR MATERIAL.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF LIVE’S USERS AND THEREFORE CANNOT BE RESPONSIBLE FOR ANY HARM THEY MAY CAUSE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND EACH OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY LIVE USERS OR OTHER THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND INCLUDING WITHOUT LIMITATION RESULTING FROM: (1) THE USE OR THE INABILITY TO USE LIVE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM LIVE; (3) UNAUTHORIZED DISCLOSURE, ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON LIVE; OR (5) ANY OTHER MATTER RELATING TO LIVE.

OTHER USERS OF LIVE OR THIRD PARTIES WITH WHOM YOU ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST US IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.

WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT OR INFORMATION YOU MAY ENCOUNTER ON LIVE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF LIVE OR ANY THIRD PARTY.

WE ARE NOT LIABLE FOR ANY LOST OR DELETED CONTENT, INFORMATION OR DATA, WHETHER INTENTIONAL OR UNINTENTIONAL, NOR FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS OR PERSONALIZATION SETTINGS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE DOLLAR ($1.00).

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE WARRANTY LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

YOU WILL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, THAT WE (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF (1) YOUR ACTIONS OR INACTIONS, (2) ANY INFORMATION OR CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH LIVE, (3) YOUR ACCESS AND USE OF LIVE, YOUR CONNECTION TO LIVE, (4) YOUR VIOLATION OF THE AGREEMENT, OR (5) YOUR TRANSMISSION OR USE OF INFORMATION OR CONTENT RELATING TO OTHER USERS OR ANY THIRD PARTY, OR (6) YOUR VIOLATION OF THE INTELLECTUAL PROPERTY, PRIVACY OR ANY RIGHTS OF ANY USER OR THIRD PARTY.

Disputes and Arbitration

You agree that any dispute relating in any way to the Agreement or Live, including without limitation your or third parties’ access to or use of Live, will be resolved exclusively 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 USE OF LIVE 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.

Arbitration shall be conducted by a single arbitrator under the then current rules of the American Arbitration Association (AAA) or JAMS, at the election of the party filing a claim in arbitration. That organization will apply its rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision, this arbitration provision and the TOS will control. Notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award either party attorneys’ fees. In the event that JAMS or the AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure.

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

How To Make Claims Of Copyright Or Other Intellectual Property Infringement

We respect the intellectual property of others and ask our Users to do the same. We may, in our sole discretion, disable or terminate the accounts of Users whom we believe may be infringing the intellectual property rights of others.

If you are a copyright owner or an agent of such owner and believe that any content on Live infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (identified below) with the following information in writing:

An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
identification of the copyrighted work claimed to have been infringed if multiple copyrighted works on the site are covered by a single notification, a representative list of such works on that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such
such as your address, telephone number, and email address;
a statement by you that you have a good faith belief that use of material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification of claimed must be submitted to the following Designated Agent

By Mail:

The Meet Group Copyright Agent
100 Union Square Drive
New Hope, PA 18938
Attn: Legal Department
Phone: 215-862-7832

Only DMCA notices should be sent to the Designated Agent.

Miscellaneous

You may not use Live where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content. These TOS are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to conflicts of laws principles. Our failure or delay to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above or a court of competent jurisdiction, you nevertheless agree that the arbitrator or court should endeavor to give effect to our intentions as reflected in these TOS. The other provisions of the TOS shall remain in full force and effect.

These TOS were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.

Our Contact Information

If you have questions regarding these Terms of Service, please contact us.

Address:	The Meet Group, Inc. 100 Union Square Drive New Hope, PA 18938 Attn.: Legal Department
Web:	www.themeetgroup.com
Phone:	215-862-7832
Email:	support@themeetgroup.com

PHOTOSENSITIVITY WARNING: READ BEFORE PLAY

You may view livestreams of video game play or other visual content on Live that may expose you to flashing lights or light patterns. A very small percentage of individuals may experience epileptic seizures when exposed to certain flashing lights or lights patterns that may appear in video games or other visual content. Exposure to certain patterns or backgrounds on a computer screen, or while viewing livestreams of video game play or other visual content, may induce an epileptic seizure in these individuals. Certain conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to viewing livestreams of video game play or content on Live. If you experience any of the following symptoms while viewing livestreams of video game play or other content on Live -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions -- IMMEDIATELY discontinue use and consult your physician before resuming your viewing.