Jump to Photosensitivity Warning
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 email@example.com.
If you are under the age of 18, you may not use Live.
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.
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.
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 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.
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
Only DMCA notices should be sent to the Designated Agent.
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.
The Meet Group, Inc.
100 Union Square Drive
New Hope, PA 18938
Attn.: Legal Department
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.
The Meet Group, Inc.
Updated as of April 1, 2023
Age Restricted: If you are under the age of 18, you may not access or use Live. We do not knowingly collect, maintain, or sell personal information from minors under the age of 18.
- INFORMATION WE COLLECT OR IS PROVIDED TO US
- HOW WE USE YOUR INFORMATION
- HOW WE SHARE YOUR INFORMATION
- THIRD PARTY ANALYTICS SERVICES
- DATA SECURITY & RETENTION
- CONTROLLING AND PROTECTING YOUR DATA PRIVACY
- NOTICE TO CALIFORNIA RESIDENTS
- NOTICE TO NEVADA RESIDENTS
- NOTICE TO VIRGINIA RESIDENTS
- NON-US RESIDENTS
- CONTACT INFORMATION
1. THE INFORMATION WE COLLECT OR IS PROVIDED TO US
Partner Apps: In order for you to access and/or use Live through a Partner App, our Live Partner will provide us with, at a minimum, your user identifier (e.g., user ID), name (including display name and/or first name), age, and gender. Our Live Partner may also provide, your last name, language (selected for your device), other information such as photos and images (we may also collect metadata from your photographs and images), ‘about’ text; location-related data (e.g., city, state, longitude or latitude) and such other information that our Live Partner makes available about you to us (collectively, “Profile Information”), including transaction information about your purchase of credits through the Partner App. You may contact our Live Partner for a complete list of information that is made available about you to us by our Live Partner. In addition to the information that is transferred by our Partner, you may provide information, including personal information directly to us when you access and/or use Live.
Sensitive Personal Information, including Biometric Information: Except for biometric information used to verify that you are a live human and your age (explained below), You and/or our Live Partners are not required to provide sensitive personal information to us, or consent to allow Live Partners to transfer such information to us, to use Live. You and/or our Live Partners may, however, voluntarily provide us with Profile Information and other personal information that is considered “sensitive” or “special category” in your jurisdiction, including, but not limited to, sexual orientation (including who you are interested in which can be used to infer or reveal your sexual orientation), precise geolocation information, religious beliefs, or racial or ethnic origin.
We may collect biometric information through Live to help to verify that you are an actual live human and your age and to prevent duplicate accounts and identity fraud. We ask for your consent to collect and process biometric information in accordance with applicable law. For more information, please review our Biometric Data Specific Notice, which is available. If you do not want to provide biometric information for the purposes stated herein when requested, we reserve the right to not grant you access to Live.
Identity and Tax Information: We may collect information from your government issued identification and relevant tax information (e.g., IRS W-9 and W-8 forms) which will be processed to verify your identity and to meet our legal, tax, and compliance obligations.
Content: You may provide Content through Live (e.g., live streams, video, audio pictures, images, posts, broadcasts, messages, and chats) whether publicly posted or privately transmitted. We (and our service providers) may access and use such information to provide Live, for content moderation, and for safety and legal process purposes. If you do not want us to access your private messages and chats for the purposes described herein, you should not send private messages and chats when using Live.
Information Automatically Collected Through the Services:
Cookies and Other Tracking Technology: Our use of “cookies” and other tracking technology may involve the collection of personal information. Cookies are small packets of data that a website stores on your device or browser so that your device will recall your preferences and usage patterns for future visits. The information collected by cookies depends on their particular purpose. We use tracking technology and the information collected to (i) authenticate users, (ii) conduct analytics and measure performance of Live, (iii) improve Live, and research and test new features, (iv) personalize your experience when using Live and (v) provide ads about Live or TMG on other apps or websites. We and our advertising partners may also use the information collected by the tracking technology to deliver relevant ads, measure and optimize advertising and promotional effectiveness of relevant ads, and monitor your interactions with ads.
If you do not want TMG, our partners including advertising partners, place cookies or other tracking technology on your hard drive or mobile device, as applicable, you may be able to turn that feature off on your computer or mobile device. Please consult the documentation for your browser or device for information on how to do this. However, if you decide not to accept cookies or other tracking technology from us, Live may not properly function.
When Live is made available to you through Partner Apps, please be aware that these Partner Apps maintain their own policies regarding cookies and the collection and use of information. You are responsible for reviewing those policies.
2. HOW WE USE YOUR INFORMATION
In addition to the way we use your information described in Section 1, we use your information as follows:
Service-Related Usage: We use your information to provide and support Live, such as displaying profiles and other information of users that have created streams you may be interested in viewing based on your preferences, processing your transactions, virtual gifting and credits, talent and VIP management, communicating with you and other users, managing accounts, providing customer service and support, informing you about our products and services, and maintaining our systems and technology infrastructure.
Operate our Business: We use your information to operate our business, maintain our financial books and records, engage in sales of products and services to users and visitors to TMG Apps, advertisers and partnere, enhance the integrity and security of our systems and resources, manage our work environment, and respond to any potential compromise of personal information.
Other Communication: We use your information to communicate with you such as responding to your inquiries, troubleshooting, communication regarding Live, surveys, sweepstakes, events and contests and push notification regarding Live, Content that may be of interest, and your account. You may opt-out of receiving push notification in the settings on the TMG Apps. For Partner Apps, you should contact the Live Partner about how to opt-out of receiving push notification.
Analyzing and Improving the Services: We may run calculations, aggregate, normalize, clean, and make derivative works of your information in order to:
- Understand and analyze traffic on Live, usage trends and preferences;
- Monitor and analyze the effectiveness of Live;
- Improve Live and develop new products, services, features, and functionality; and
- Test Live and our technology infrastructure to make sure Live is working correctly.
Policy Enforcement and Legal Purposes: We use your information to:
- Protect our legal rights;
- Verify accounts and activity;
- Combat harmful conduct, such as abusive behavior and other violations of our Terms of Service and our Content and Conduct Policy;
- Detect and prevent spam;
- Detect and prevent money laundering and fraud;
- Maintain the integrity of Live;
- Protect the rights, property or safety of you, us, or another party;
- Respond to claims that any posting or other content violates third-party rights; and
- Promote safety and security on Live, such as monitoring for illegal activity and reporting to the appropriate authorities.
3. HOW WE SHARE YOUR INFORMATION
Live Network: Live may operate within a network of other applications owned or operated by TMG and/or Live Partners (“Multi-Party Network”) or within a single application on a standalone network (“Single-Party Network”). Your Profile Information and Content will be visible to other users of Live, and if you do not want to be visible to others on Live, you should not use Live. When you access Live via an application that is part of a Multi-Party Network, your Profile Information and Content will automatically be visible to all users within the Multi-Party Network. If you access Live via an application that is a Single-Party Network, your Profile and Content will be visible to only those users of the application in the Single-Party Network. If you do not want to be visible to other users in a Multi-Party Network, you should not use Live on a Multi-Party Network.
Service Providers: We engage third parties to perform services on our behalf such as hosting, payment processing, content moderation, video streaming, customer service, maintenance and support for our technology infrastructure and systems, and other functions. These third parties will have access to your information only as necessary to perform their services and to the extent permitted by law.
Marketing and Business Partners: We may share your information with third party business partners to administer our promotions, sweepstakes, contests, surveys, and other programs, deliver targeted advertising, measure the effectiveness or our advertising campaign and provide marketing support.
Legal Purposes and Cooperation with Law Enforcement: We may disclose information when required by law, court order, subpoena, or other government or law enforcement authority or regulatory agency. 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 protect the safety and security of our users and members of the public, satisfy subpoenas, court orders and/or other governmental or law enforcement requests.
You may opt-out of the use of your information for these purposes. To learn more or to choose to opt-out, please visit the Network Advertising Initiative at https://www.networkadvertising.org/ and/or Ad Choices https://youradchoices.com/appchoices. If you delete your cookies, use a different browser, or buy a new device, or reset your IDFA or AdID, you will need to renew your opt-out choice.
4. THIRD PARTY ANALYTICS SERVICES
For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any third-party analytics service, you may not be able to use the full functionality of Live.
5. DATA SECURITY AND RETENTION
We use industry standard security measures to safeguard your information in our possession or under our control against unlawful or unauthorized access, disclosure, loss, misuse and alteration of the information. We make reasonable efforts to ensure a level of security appropriate to the risk of the processing, taking into account the costs of implementation and nature of the processing of the information. However, we cannot guarantee the complete safety of your information or that our security measures will prevent “hackers” from illegally obtaining this information.
Your live video streams in Live will not be stored, subject to limited exceptions, for example, if some information is required to be retained for compliance with legal obligations or as part of Live streaming moderation activities.
6. CONTROLLING AND PROTECTING YOUR DATA PRIVACY
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.
7. NOTICE TO CALIFORNIA RESIDENTS
Residents of the State of California may have additional rights under the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (the “CPRA”). For more information, see our CPRA Privacy Notice to California Residents.
8. NOTICE TO NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right here or by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note, however, that we do not “sell” personal information for monetary consideration as defined in (Chapter 603(a) of the Nevada Revised Statutes).
9. NOTICE TO VIRGINIA RESIDENTS
Residents of the Commonwealth of Virginia may have additional rights under the Virginia Consumer Data Protection Act (the “VCDPA”). For more information, see our VCDPA Privacy Notice to Virginia Residents.
10. NON-US RESIDENTS
If you are located in the European Economic Area (the European Union, Lichtenstein, Norway, or Iceland) or the United Kingdom, you may have additional rights under the applicable General Data Protection Regulation (the “GDPR”) with respect to your personal data. See our GDPR Privacy Notice to European Individuals here.
12. CONTACT INFORMATION
The Meet Group, Inc.
100 Union Square Drive
New Hope, PA 18938
Attn: Legal Department
Privacy Notice to California Residents Pursuant to the California Privacy Rights Act
1. Personal Information Collected and Retention Period.We may collect or receive the personal information (including sensitive information) categories listed in the tables below.
|Personal Information Category||Source of the Data||Business Purpose and Use||Third Parties To Whom Information is Shared|
Identifiers, such as:
Other Personal Information:
We use your device or browser information to provide you with Live and to serve you relevant advertising as further described in Section 3.
We may share the Content of live streams with third parties, including Service Providers, Government & Law Enforcement Officials.
Retention Period: Your personal information will be retained until it is no longer necessary in relation to the purposes for which it was collected (or otherwise processed), except where TMG is required to retain such information under applicable law. Your live video streams in Live will not be retained after the stream ends, subject to limited exceptions, for example, if some information is required to be retained for compliance with legal obligations or as part of Live streaming moderation activities.
2. Your Rights Under CPRA and How to Exercise Your Rights:
Notice of Right to Know About Information Collected. Consumers have the right to request certain information about our collection, use, disclosure and sale of their personal information, and to request a list of the personal information that we have. To make such a request, please contact us as described below. Please be advised that we will verify all such requests prior to providing any personal information. Please be advised that we are only required to respond to two requests per user each year. These reports will be provided free of charge.
Notice of Right to Request Correction of Personal Information. If you are a Consumer and your personal information that we have collected is incorrect or incomplete, you may request correction. To make such a request, please contact us as described below. Please be advised that we will verify all such requests prior to providing any personal information.
Notice of Right to Request Deletion of Personal Information. If you are a Consumer, you may request the deletion of personal information we have collected from you. To make such a request, please contact us as described below. Please be advised that we will verify all such requests prior to providing any personal information.
Notice of Right to Limit Use of Sensitive Personal Information. You have the right to request that we limit the use of Sensitive Personal Information by clicking here.
Sale of Personal Information: CPRA broadly defines “sale” such that it may include allowing third parties to receive certain information to deliver interest-based advertising to you. In the past twelve months, we have shared the following consumer personal information that may be deemed a “sale” as the term is defined under the CPRA for the purpose of delivering customized advertising: Location, Advertising ID, IP Address, App Usage, and Device Information.
Notice of Right to Opt-Out of the “Sale” of Personal Information and Limit Use of Sensitive Personal Information. Consumers have the right to request that we not sell or share their personal information with third parties [who are not our service providers]. In our App, this can be done by clicking on the “Do Not Sell My Info” link on the settings page. On our Website, this can be done by clicking the link on the landing page or here. Consumers must have accessed the Services to use the mobile or web links. Alternatively, you may request that we stop selling your personal information by contacting email@example.com.
Nondiscrimination. We will not discriminate against Consumers who exercise their rights under the CPRA.
Authorized Agent. Consumers may use an authorized agent to make requests on their behalf. We require the authorized agent to provide us with proof of the Consumer’s written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the Consumer. In addition to providing this proof, the authorized agent must follow the appropriate process described above to make a request.
California Shine the Light Law. Consumers that provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the personal information we shared, if any, with other businesses for their own direct marketing uses. To obtain this information, please contact us as described below by mail (if by email include “Request for California Privacy Information” on the subject line and in the body of your message). If you are a Consumer, we will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements.
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 apps.
3. Exercising Your Rights.
If you have any questions or comments about this CPRA Notice, the ways in which we collect and use your information, your choices and rights regarding such use, or wish to exercise your rights under CPRA, please submit your request [here- this will resolve to the web form for data subject rights] our contact us at:
|Mail:||Member Apps, The Meet Group, Inc. 100 Union Square Drive, New Hope, PA 18938|
Virginia Consumer Data Protection Notice
1. Your Rights Under VCDPA
The VCDPA provides consumers with specific rights regarding their personal information. We will usually be the controller of your personal information. If we are acting as a processor of your personal information on behalf of another controller, please contact the entity that collected your personal information in the first instance regarding your rights under the VCDPA.
A. Right to Know About Your Personal Information
You have the right to request that we disclose the following kinds of information to you about our processing of your personal information:
- Whether or not we process your Personal Information.
B. Right to Data Portability
You have the right to obtain a copy of your personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance. If you would like to obtain a copy of your personal information that you previously provided to us in a portable and, to the extent technically feasible, readily usable format, please contact us as described in Section 2 below.
C. Right to Request Deletion
You may have the right to request deletion of your personal information. We will honor such request but might not be able to fulfill your request if we (or our service providers) are required to retain your personal information. Examples of such exceptions are:
- Completing a transaction or performing a contract we have with you;
- Complying with our audit and substantiation purpose for transaction data;
- Detecting and addressing data security incidents, and repairing or upkeep of our IT systems;
- Protecting against fraud, money laundering or other illegal activity;
- Complying with applicable law or a legal obligation, such as a preservation order, exercising rights under the law (e.g., the right to free speech), or defending legal claims; or
- Using your personal information internally to improve Live.
D. Right to Request Correction
You may have the right to request that we correct inaccurate personal information that we maintain about you. We will honor such request but might not be able to fulfill your request if it is impossible to do so or would involve disproportionate effort, or if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive.
E. Your Opt-Out Rights
You have the right to opt-out of the processing of your personal information for purposes of:
- Targeted Advertising;
- Sale of your Personal Information (for monetary consideration as defined under the VCDPA);
- Profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer
If you wish to exercise any of your opt-out rights, please contact us as set out in Section 2 below.
2. Exercising Your VCDPA Rights
To exercise the rights described above, please submit a request to us by using one of the following methods:
To fulfill your request, we may need you to (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information related to you.
We will confirm receipt of your request within (10) business days of its receipt, and endeavor to respond within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We may charge a reasonable fee to process or respond to your requests if they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.
If we decline your request, you have the right to appeal within a reasonable period of time after you have received notice of this decision. You may appeal by contacting us through one or more of the methods set out in Section 2. We will get back to you within 60 days of receipt of an appeal and inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. If we deny the appeal, we will provide you with a method through which you may contact the Attorney General to submit a complaint.
Privacy Notice to European Individuals Located in the EEA or the United Kingdom
If you are located in the European Economic Area or the United Kingdom, you may have additional or different rights under the EU and/or UK General Data Protection Regulation (together, "GDPR") with respect to your personal data, as set forth in this GDPR Privacy Notice (“GDPR Notice”).
For this GDPR Notice, the terms “personal data,” “processing,” “data subject” and “controller” shall have the meaning set forth in the GDPR.
With respect to Partner Apps, we and our Live Partners process your personal data as a joint controller as further described below. A list of Live Partners and the applications can be found here.
1. THE CONTACT DETAILS OF OUR DATA PROTECTION OFFICERS
represented by Prof. Dr. Christoph Bauer
Große Bleichen 21
The contact details for our UK representative is:
eHarmony UK Ltd.
6-10 Great Portland Street
London W1W 8QL
The contact detail for our EU representative is:
Prager Strasse 10
2. PROCESSING OF YOUR PERSONAL DATA IN LIVE
In the context of Live accessible via Partner Apps, we and our Live Partners may process your personal data as joint controllers to the extent described in Section 3 below or separate independent controller. "Joint control" means that we and the relevant Live Partner(s) jointly determine the means and purposes of processing (i.e., we determine together how and why your personal data is processed in the context of Live). If you wish to exercise your data protection rights in the context of Live accessible via Partner Apps, please contact us at: firstname.lastname@example.org.
3. JOINT CONTROL
In the context of Live accessible via the Partner Apps, we and our Live Partners are joint controllers to the extent that your personal data is shared and otherwise processed among us and the Live Partners in order to provide Live to you via the application you are using. For example:
- To the extent you are using Live with respect to persons who are using the same application as you to access Live, we (which operates Live) and the provider of the application are joint controllers regarding the personal data processed for the provision of Live.
- To the extent you are using Live with respect to persons who are using other applications than you to access Live, we, the provider of the application you are using as well as the provider(s) of the other relevant application(s) are joint controllers regarding the personal data processed for the provision of Live.
We and our Live Partners have entered into joint controller arrangements with respect to processing activities carried out as joint controllers. In these arrangements the joint controllers, in particular, have determined the following:
- We are responsible for informing you about the essence of the joint controller arrangements.
- You may contact either us or the Live Partner to exercise your data protection rights with respect to personal data processed under joint control as outlined in this Section 3. We can be contacted at: email@example.com
- Please note that irrespective of the possibility to contact us, you may alternatively exercise your rights in respect of and against each joint controller.
- We and our Live Partners shall inform you about the processing activities related to your personal data in the publicly available privacy policies click here.
- We and our Live Partners shall implement appropriate technical and organizational measures to ensure an adequate level of security for personal data processed as joint controller.
- We and our Live Partners shall implement appropriate safeguards for any transfer of personal data of Live users located outside the EEA/UK.
- In the context of Live and subject to the joint control, we and our Live Partners shall only share and otherwise process the categories of personal data outlined below and for the purposes listed below.
We and our Live Partners may share and otherwise process the following categories of personal data with respect to the provision of Live:
- user identifier (such as user ID);
- name, including display name, first name, last name, age and gender;
- photos and image(s);
- about text;
- (only with your consent) location related data;
- (only with your consent) who you are interested in (men, women or both), which reveals your sexual orientation;
- (only with your consent) religious belief;
- (only with your consent) racial or ethnic origin;
- content of messages and chats;
- content of live streams, including video and audio, pictures, images, posts and broadcasts; and
- device or browser information, including your mobile device identification (AdID (Google), IDFA (Apple),
Your personal data may be processed under joint control as necessary for the purpose of providing the following functionalities related to Live:
- enable participation in the chat related to Live to communicate with other users utilizing same;
- enable participation in live streams via Live;
- moderation of the use of live streams;
- supporting (e.g., training) users with respect to becoming live streamers via Live;
- talent and VIP management;
- management of virtual gifts in the context of live streams;
- fraud prevention;
- age verification; and
- customer support.
4. SEPARATE INDEPENDENT CONTROLLER
For other processing activities, we and our Live Partners are separate controllers; for example, with respect to the following non-exhaustive list of processing operations:
- any processing of personal data by the Live Partner in the context of the provision of the Partner App;
- any analysis of user behavior by the Live Partner in the Partner App; and
- any processing of personal data by us when providing services other than Live.
We may receive the categories of personal data outlined in this Section from the Live Partners identified in the Partner List, depending on which application you are using to access Live.
5. PROCESSING PURPOSES AND RELEVANT LEGAL BASES FOR SERVICES
We will only process your personal information where we have a legal basis to do so. We may process your personal information to:
- Provide you with Live and related functionality (we rely on the legal basis "performance of a contract" (Art. 6(1)(b) of the GDPR)).
- With respect to location data, we rely on your consent (Art. 6(1)(a), Art. 7 GDPR).
- With respect to sexual orientation, we rely on your explicit consent (Art. Art. 6(1)(a), Art. 7, Art. 9(2)(a) GDPR) or on the exception in Art. 9 (2) (e) GDPR provided that you have publicly disclosed your sexual orientation (e.g., in a live stream).
- For moderating live streams; for such processing, we rely on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, we pursue our, or Live Partners' and other users' (who are participating in Live) interests in providing the live streams in a pleasant and safe environment.
- To analyze user behavior related to Live and to create anonymized usage information based on such analysis; for such processing, we rely on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, we pursue our interest in understanding how Live is used.
- To prevent fraudulent behavior, we rely on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, we pursue protecting our interest and that of users from fraudulent behavior and related potential damages.
- To show advertisements to users; for such processing, we rely on your consent (Art. 6(1)(a), Art. 7 GDPR).
- To carry out potential sales of all or part of our asset(s) and/or activities; for such processing we rely on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, we have an interest in potentially disclosing and otherwise processing information regarding our assets and activities to potential buyers or acquirers, and their external counsel to facilitate sales of such assets and/or activities.
- To comply with legal obligations to which we are subject; for such processing, we rely on the legal basis (i) "compliance with legal obligations" (Art. 6(1)(b) GDPR where such obligation originates from EU or EU Member State law or (ii) "legitimate interests" (Art. 6(1)(f) GDPR) where such obligation originates from other law. Where legitimate interests are relevant, we pursue the interest of the company in complying with legal obligations to which we are subject.
- To safeguard our rights; for such processing, we rely on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, we pursue our interests establishing, exercising and defending legal claims.
- To carry out talent and VIP management, we rely on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, we pursue our and our Live Partners’ interests in identifying, recruiting, and training users to become live streamers and in managing VIP programs for users who give virtual gifts to streamers.
- With respect to biometric data (verification of user identity via facial recognition takes place only when there is a reasonable suspicion that a user is not the person he or she claims to be), we process such data for the establishment, exercise or defense of legal claims (Art. 9 (2) (f) GDPR).
- To verify the age of users who wish to use the live streaming function of LIVE, we generally rely on the legal basis "legitimate interests" (Art. 6 (1) (f) GDPR). In this regard, we pursue our and our Live Partners’ interests in protecting minors from any harm that might result from presenting themselves to a broader audience via live streaming. Exceptionally, if we are unable to estimate whether a user has reached the age of 18 via the age verification process based on a screenshot and scan of the user's face, we will rely on user's explicit consent (Art. 6 (1) (a), Art. 7, Art. 9 (2) (a) GDPR) to allow for an additional possibility for a user to verify user's age based on a scan of user's face and an identification document with a picture of the user (e.g., driver's license). For this purpose, we will compare the biometric data contained in the scan of the user's face against the provided identification document.
- to send emails and/or push notification related to LIVE (which are not promotional) and respond to requests related to LIVE, we rely on the legal basis "performance of a contract" (Art. 6 (1) (b) GDPR) or - where no contract exists between the relevant LIVE user and us – "legitimate interests" (Art. 6 (1) (f) GDPR). Where we rely on "legitimate interests", we pursue our interests in providing support as well as to answer requests to ensure LIVE-user satisfaction.
6. CATEGORIES OF RECIPIENTS OF PERSONAL DATA
In relation to us, only authorized personnel with appropriate responsibilities have access to your personal data. In addition, we may share your personal data with the following categories of recipients:
We may share your personal data with service providers that process personal data on our behalf and subject to our instructions as so-called processors, for the purpose of providing their professional services to us:
- IT service providers (e.g., server hosting provider); and
- Service providers, including for video streaming and content moderation.
- Furthermore, we may share your personal data with the following third parties:
- Live Partners as referenced in the Partner List;
- Law Enforcement (to comply with legal obligations);
- Consultants (lawyers and auditors) and courts (to comply with legal obligations and/or safeguard our rights);
- Potential buyer or acquirer of all or part of our asset(s) and/or activities;
- Marketing and Business Partners; and
- Advertising Partners.
7. TRANSFERS OF PERSONAL DATA IN THE CONTEXT OF COUNTRIES LOCATED OUTSIDE THE EEA/UK
Recipients of personal data may be located outside the EEA/UK. Where personal data is transferred to locations outside the EEA/UK (which includes transfers from us in the USA as a controller in scope of GDPR to recipients in the USA or other countries outside the EEA/UK, which are not in scope of GDPR), we will, as required by law, ensure that your privacy rights are adequately protected either because the European Commission has decided that the country to which personal data is transferred ensures an adequate level of protection (Art. 45 GDPR) or the transfer is subject to appropriate safeguards (e.g., standard data protection clauses with the recipient) (Art. 46 GDPR) unless GDPR provides for an exception (Art. 49 GDPR). In addition to this, we intend to, where necessary, agree on additional measures with recipients to ensure an adequate level of data protection. Copies of appropriate safeguards (to the extent we rely on such) and a list of recipients located outside the EEA/UK can be requested at firstname.lastname@example.org. Please note that such copy may be redacted to the extent necessary to protect business secrets or other confidential information.
8. STORAGE DURATION
Your personal data will generally only be stored until the personal data is no longer necessary in relation to the purposes for which it was collected (or otherwise processed).
Your live video streams in Live will not be retained after the stream ends, subject to limited exceptions, for example, if some information is required to be retained for compliance with legal obligations or as part of Live streaming moderation activities.
9. DATA PROTECTION RIGHTS
You have the following rights provided that the legal requirements pursuant to GDPR are met:
- Right of access. You may request information about the processing of your personal data and a copy of the personal data undergoing processing insofar as such copy does not adversely affect the rights and freedoms of others.
- Right to rectification. You may request correction of your personal data that is inaccurate and/or completion of such data which is incomplete.
- Right to erasure. You may request deletion of your personal data, in particular where (i) the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, (ii) you objected to the processing and there are no overriding legitimate interests for the processing, (iii) your personal data has been unlawfully processed or (iv) your personal data has to be erased for compliance with a legal obligation to which we are subject. The right to deletion, however, does not apply in particular where the processing of your personal data is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.
- Restriction of processing. You may request restriction of processing (i) for the period in which we verify the accuracy of your personal data if you contested the accuracy of the personal data, (ii) where the processing is unlawful and you request restriction of processing instead of deletion of the data, (iii) where we no longer need the personal data, but you require the data for the establishment, exercise, or defense of legal claims, or (iv) if you objected to processing until it has been verified whether our legitimate grounds override your interests, rights, and freedoms.
- Right to data portability. You may request to receive your personal data, which you have provided to us, in a structured, commonly used machine-readable format and transmit the data to another controller without hindrance from us, where the processing is based on consent or a contract and the processing is carried out by automated means; in these cases, you may also request to have the personal data transmitted directly to another controller where this is technically feasible.
- Right to withdraw consent. You may withdraw your consent at any time for the future where processing is based on your consent, without affecting the lawfulness of processing based on consent before its withdrawal.
- Right to object. You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on our or a third party’s legitimate interest (Art. 6 (1)(f) GDPR). We then will no longer process your personal data for the purpose to which you have objected, unless we are able to demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.
- Further, you have the right to object at any time to processing of your personal data for direct marketing purposes. Where you object to processing for direct marketing purposes, we will no longer process your personal data for such purposes.
- Right to lodge a complaint. You may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of an alleged infringement if you consider that the processing of your personal data infringes the GDPR.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. 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. Note that all of these rights are subject to applicable exemptions and restrictions, they are not absolute rights, and we will provide information to you if we need to rely on these exemptions or restrictions in our response. If you wish to exercise your data protection rights (other than the right to lodge a complaint with a data protection authority) in the context of Live, please contact us at by using one of the following methods: