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Terms of Service for Live

Updated as of October 12, 2022

These terms of service (“TOS”) are a legal agreement between you and The Meet Group, Inc. and its affiliates (“TMG”). These TOS explain the terms under which you may access and use the live-streaming video feature (“Live”) via applications owned and operated by TMG (“TMG Apps”) or our partners (“Partner Apps”). If you have any questions or comments about these TOS, please contact us at support@themeetgroup.com.

By using Live or manifesting your assent to these TOS in any other way, you agree to be bound by (i) these TOS, (ii) our Privacy Policy, including the Privacy Policy Live (EEA/UK), if you are in the European Economic Area or the United Kingdom, (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 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

copyright@themeetgroup.com.

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

Privacy Policy

Updated as of October 5, 2022

MEETME (“MeetMe”) and the live video feature accessible via the applications of our partners as further described in this Privacy Policy (collectively, the “Service”) are owned and/or operated by The Meet Group, Inc. If you have any questions or comments about this Privacy Policy, please contact us at support@themeetgroup.com.

By downloading or using our Service you agree to this Privacy Policy and our Terms of Service.

When you create a profile on the Service, your personal information may be visible also to users of Skout, and may be visible to users of other applications we own (such as Flurv, Boy Ahoy and others) or with which we may partner. You may opt out of this feature for your profile in your Settings tab. Similarly, when you use the Live tab, you may be visible to users of other applications we own (such as Flurv, Boy Ahoy and others) or with which we may partner. For a list of our current Live partners, click here. You may not opt out of this feature if you choose to use Live.

If you are under the age of 18, you may not download or use the Service. We do not knowingly collect, maintain, or sell information from minors under 18. We do not knowingly collect, maintain, or sell personal information from children under age 13.

I. What This Privacy Policy Covers

This Privacy Policy describes how our mobile applications, websites and products collect, store, use, and share your personal information. It also describes how you can control and protect your privacy on our Service.

This Privacy Policy does not apply to the practices of companies that we do not own or control, such as companies that advertise on our Service or with whom we partner for certain services. For example, companies that advertise on our Service may tag your device or computer with cookies. We do not control these third party cookies and their privacy policies may differ from ours.

II. Controlling and Protecting Your Privacy
  • Personal Safety. After getting to know someone online, you may choose to meet him or her in-person. If so, be careful and use common sense. Never meet someone in private for the first time; choose a public place, and take a friend. For more information about staying safe, please visit https://www.themeetgroup.com/safety-meet-group/.
  • Account Settings. You can access your account settings at any time on the website or app. You should review these settings regularly.
  • Deleting Your Account. You can edit or delete information that you upload to our Service and you can delete your account, but you cannot recall or delete information that others have copied. When you delete your account, some or all of your information may remain on our servers, but you will not be able to access it.
  • Deleting Your Information and Content. You can request us to delete your posted information and content. To do so, send an email to support@themeetgroup.com from the email address associated with your account, requesting deletion.
  • Location Information. We collect your location when you first register with our Service and each time you log in on a mobile device. In your account settings, you can control whether other users see your log in location, typically identified as a city or as a distance from another user. We may still use your location (such as for security or advertising purposes) even if you choose not to display it to other users.We do not “track” your precise geolocation information, but we do collect location information from your device or browser when you log in or use our Service, such as when you visit a particular feature that uses location. In addition, as with most location-enabled applications, we and our third-party partners may access your location any time your device is on, whether or not you are logged-in to our Service. We do not share your precise location with other users.
  • Password. Store your password in a safe place, and do not share it with anyone. If you think someone has your password, you should change it immediately.
  • Posting Information. Posting personal information on public areas of our Service will make it publicly available. The personal information you post or share with others may in turn be shared by them with still other users and it may also show up when someone uses a public search engine (even if that person is not a user of our Service). Do not post personal information in public areas of our Service that you want to keep private.
  • Third Parties. We are not responsible for (and don’t have any control over) the privacy policies of third party websites, apps and ad servers. We encourage you to read the privacy policies of each and every website and app you visit.
  • Opting Out of Receiving Cookies. You may set your browser to block some or all cookies. However, our Service might not fully function if you disable cookies. If you use multiple devices, browsers or computers, you will need to opt out of receiving cookies on each one. Also, if you change devices or computers you will need to repeat this opt-out process. You may also be able to opt-out of receiving cookies from some advertisers.Many Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. You may click on the following links: https://www.networkadvertising.org/choices/ and https://www.aboutads.info/choices/ for information on how to opt-out of the use of cookies or Web beacons. You may also be able to opt-out of receiving cookies through the Digital Advertising Alliance in the USA, the Digital Advertising Alliance of Canada in Canada, or the European Interactive Digital Advertising Alliance in Europe.
  • Limit Mobile Ad Tracking. You may set your mobile device to limit ad tracking, in which case we will not be able to see your AdID or IDFA. However, we will still share other personal information to our advertising partners as described in this Privacy Policy.
  • Do Not Track Signals. Some Internet browsers include the ability to transmit “Do Not Track” signals, but there are no uniform standards for this. We do not process or respond to “Do Not Track” signals.
III. Information We Collect

We collect different types of personal information about you and your activities. We collect personal information when you register, log into, and use our Service, including the features you use, the pages and screens you visit, and the information you enter, such as chats or demographic information that you share in your profile on our Service. We do not collect personal information from you on the website or mobile app unless you are logged onto our service. The specific examples in the following bullets are not meant to be exhaustive.

Categories of Information We Collect When You Use Our Website and App:
  • Email Address And Phone Number. We may require a valid email address or phone number to register for our Service. This email will be stored in our servers while you have an account with any of our Services. We will use this email address to contact you, but you may opt out of promotional email contact in the Settings tab. We may use your phone number to verify your account, but will generally not otherwise contact you by phone.

    Profile Information You Provide. We collect the personal information that you provide to create your profile on our Service, including any metadata (such as location where a photo you upload was taken).

    Automatically Collected Device Information. We receive and record information from your device or browser, including your mobile device identification (AdID (Google), IDFA (Apple), device ID, etc.), IP address, cookie and beacon information, and geographic location. We collect information from and about the computers, phones, and other web-connected devices you use that integrate with our Services, and we combine this information across different devices you use. Unless you have disabled location collection at the device level, we will continue to collect location information even if you have opted out of sharing location information on your profile.

    Activity and Usage Information Including Your Content. We collect information about the features you use, the pages and screens you visit, and your transactions with us and with our partners and vendors, including information about your use of products or features offered through our Service. We and certain third-party partners may access your private chats and postings in order to improve your experience on our Service, for content moderation, for safety and legal process purposes.

    Third Party Platform Registration (such as Facebook, Apple App Store or Google Play Store). When you download or register for our Service by or through a third party platform we may also access and/or collect certain information from your third party platform account or by cookies placed on your device by such third party site. For example, if you create your account on our Service using Facebook, we may use the following information from Facebook to establish your account: your email address, hometown, gender, profile photo, date of birth, friends list and userID. In addition, in the course of providing our Service on third party platforms, such as the Apple App Store or the Google Play Store, the platforms may collect information about you or receive information from us in order for that platform to provide and analyze their services. Please note that these platforms are developed and administered by people or companies not affiliated with us or any of our Services and that we are not responsible for the actions of those people or companies. You should carefully review the terms of service and privacy policies of the platforms that you use to access our Service.

    Advertisers. Advertising revenue helps us to support and improve our Services. Third party advertising companies may collect information using cookies, AdID, IDFA and other sources. Advertisers may use these and other sources in connection with our Service in order to collect and use data regarding advertisement performance and your interests for the purpose of delivering relevant advertising.

    To view a list of our current main ad partners, click here.

    Biometric Information Collected with Your Consent for Limited Purposes. We do not generally collect biometric information from users. However, in certain circumstances, we may ask you to consent to our processing biometric information and identifiers to fight fraudulent accounts (including bots) and other misuse of our Services, to increase the safety and integrity of the Services, and as described here.

    We may also collect information about you from other sources, such as other services and other users of our Service.

    IV. How We Use and Disclose the Information We Collect

    We process personal information: (i) to execute transactions that you request, (ii) when you provide your explicit consent, (iii) for our legitimate business interests such as maintaining our books and records, securing and protecting the integrity of our Service, and for Service development; and (iv) to meet applicable legal requirements.

    Specifically, we use and disclose your information in the following ways:

    • To customize your experience on our Service, including suggestions about features you may enjoy or people you may want to meet.
    • To provide customer service in response to questions or concerns you may bring to our attention.
    • For marketing purposes. We share information with companies we do not own, including information collected from cookies, such as your location, IP address, AdID or IDFA and certain demographic information, in order to allow our marketing partners to optimize our ad campaigns.
    • For advertising purposes. We share information with companies we do not own, including information collected from cookies and across the devices used to access the Service, such as your location, IP address, AdID or IDFA and certain demographic information (such as age, gender, parental status, relationship status, religion, education, and ethnicity), in order to allow these companies to deliver relevant ads.
    • For research. To conduct research, including the numbers and types of visitors, and analyze traffic on our Service. We share some user data with companies we do not own to conduct this research.
    • For development and testing. To develop and test new products and features, and improve our current ones, including by conducting surveys of our users, which might be conducted with or by companies we do not own.
    • Bug fixes and product improvement. To find and fix technology problems. We send data to companies we do not own in order to analyze bugs in our websites and apps so that we can keep them running smoothly.
    • Policy enforcement. To enforce our Privacy Policy and Terms of Service. We send data to companies we do not own for the following reasons:
      • to 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 fraud;
      • maintain the integrity of our Service; and
      • promote safety and security on our Service, such as monitoring for illegal activity and reporting to the appropriate authorities.
    • Contacting you. To contact you by email, text messaging, phone, autodialer or otherwise, including to invite you to participate in surveys and contests, and provide you updates and information about the Service and our other products and services. You can opt out of receiving promotional email, text messages or push notifications at any time in the Settings tab.
    • Profile display and sharing. To display your profile on other websites and applications that we own, such as Skout, BoyAhoy, and Flurv. You may opt-out of having your profile shared on other applications in the Settings tab. Live videos will still be visible to users of Skout or other partner apps even if you have opted out of having your profile shared.
    • Cookies and mobile ad identification. We may set and access cookies or use AdID or IDFA information on your device or computer to customize your experience. These files help us with the following:
      • Authentication: Cookies are used to keep you logged into our site as you navigate through different pages.

      • Analytics and performance: We use cookies to analyze platform performance and monitor how our visitors use the site. These help us to identify and fix bugs, understand and improve our services, and research and test new features.
      • Advertising: We use cookies and your AdID and IDFA to deliver relevant ads to you. Our ad partners use cookies to deliver relevant ads and monitor how you interacted with an ad.
    • Cooperation with law enforcement. We cooperate with government and law enforcement officials to enforce and comply with the law. We report threats of violence or self-harm and other illegal activities proactively, and we may disclose information about you to government or law enforcement officials in order to: (1) protect the safety and security of our users and members of the public or (2) satisfy subpoenas, court orders, or other governmental requests.
    • Business transfers. We may share your personal information with another business entity in connection with a proposed or actual sale, assignment, merger or transfer of all or part of our business or the acquisition of all or part of another business. In such cases, we would require any such business entity to honor the terms of this Privacy Policy.
    • Management of our company. We will process your information as needed to maintain our financial books and records, engage in sales of goods and services to members and advertisers, ensure the integrity and security of our systems and resources, operate our work environment, and respond to any potential compromise of anyone’s personal information.
    • Service providers. We transfer information to vendors, service providers, and other partners who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting research and surveys. These partners agree to adhere to confidentiality obligations consistent with this Privacy Policy and the agreements we enter into with them.
    • Advertisers. We may share information with third parties for the purposes of delivering relevant, personalized advertisements or content on our Service and on the websites or applications of third parties. To achieve this purpose, our partners may use the shared information (i) to evaluate the nature of the connection across your devices, browsers, or applications; (ii) to assess the suitability of your desktop or mobile device for interest- or demographic-based content; (iii) to provide information and inferences about user interests to third parties; and (iv) to develop insights and reports relating to the presentation of customized advertisements or content, including statistical reports in connection with activity on a website, optimization of ad placement and performance, development of reach and frequency metrics, billing activities, and tracking ads served on a particular day to a particular account. Our partners may also combine shared information with additional non-identifying information collected from other sources to enhance these activities.
    • Personal Information We Do Not Share. Except for “Cooperation with Law Enforcement,” “Business Transfers” and “Service Providers” (all described above), in connection with account verification (and then only for that purpose), or to enforce our rights under this Privacy Policy and our Terms of Service, we do not share the following personal information with any third party not owned by The Meet Group, Inc. for any reason:
      • your exact date of birth
      • your first name
      • your last name
      • your biometric information (see “Biometric Information Collected with Your Consent for Limited Purposes” above)
      • your address
      • your phone number(s), or
      • your email address

    V. Data Security and Storage

    We use industry standard security measures to prevent the loss, misuse and alteration of the information under our control. However, we cannot guarantee that our security measures will prevent “hackers” from illegally obtaining this information. We will store and maintain your personal information for as long as necessary (i) for the purposes for which it was collected, (ii) to meet our current and future legal obligations, including compliance with our records retention practices, and (iii) as permitted to meet our legitimate interests. Our Service is hosted in the United States and we maintain your information in the United States and elsewhere on the cloud. If you are outside the United States, you agree to have your data transferred to and processed in the United States and elsewhere. When we transfer personal data outside of the European Economic Area, we ensure an adequate level of protection for the rights of data subjects based on the adequacy of the receiving country’s data protection laws and contractual obligations placed on the recipient of the data. A copy of these safeguards may be made available by writing to us at the address provided in the Contact Information section below.

    VI. Access to Your Personal Information

    If you wish to obtain a copy of your personal information, please contact support@themeetgroup.com. In order to protect the data of others, requests will only be honored that come from the email used to set up your account on our Service.

    VII. Deletion of Your Personal Information

    You may delete your account at any time, and your personal information will be deleted in the normal course of business pursuant to our current data retention practices. You may request to have all your personal information deleted by contacting support@themeetgroup.com. We will comply with all deletion requests to the extent permissible by law and will not delete data that we are legally required to maintain (such as data subject to a current and valid preservation order or transaction data required for audit or substantiation purposes).

    VIII. California Resident Rights

    • Notice of Right to Know About Information Collected. California residents have the right to request certain information about whether we collect, use, disclose and sell personal information about them, and to request to know the personal information that we have. To make such a request, please contact us by mail at Member Services, The Meet Group, Inc. 100 Union Square Drive, New Hope, PA 18938 or by email at support@themeetgroup.com. Alternatively, you may call us toll free at 866-217-8131. Please be advised that we will verify all such requests prior to providing any personal information by requiring you to respond to an email sent to the email you used when making your request. 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 Deletion of Personal Information. If you are a California resident and a registered user of the Service, you may request the deletion of personal information we have collected from you. To make such a request, please contact us by mail at Member Services, The Meet Group, Inc. 100 Union Square Drive, New Hope, PA 18938 or by email at support@themeetgroup.com. Alternatively, you may call us toll free at 866-217-8131. Please be advised that we will verify all such requests prior to providing any personal information by requiring you to respond to an email sent to the email you used when making your request.
    • Notice of Right to Opt Out of the “Sale” of Personal Information. California residents have the right to request that we not sell their personal information to third parties, as those terms are defined by California Civil Code Section 1798.140. In the mobile app, this can be done by clicking on the “Do Not Sell My Info” link on the settings page. On the web, this can be done by clicking the link on the landing page. Users must be logged on to use the mobile or web links. Alternatively, you may request that we stop selling your personal information by contacting support@themeetgroup.com. In the past twelve months, we have “sold” the following personal information of users for the purpose of delivering customized advertising to our users: Location, Advertising ID, Gender, Age
    • Nondiscrimination. We will not discriminate against California residents who exercise their privacy rights.
    • Authorized Agent. California residents may use an authorized agent to make requests on their behalf. We require the authorized agent to provide us with proof of the California resident’s written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the California resident. 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. Under California’s “Shine the Light” law, California residents who 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 customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information shared, the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year, and descriptions of the likely types of marketing the third parties would send.To obtain this information, please contact us by mail at Member Services, The Meet Group, Inc. 100 Union Square Drive, New Hope, PA 18938 or by email at support@themeetgroup.com with “Request for California Privacy Information” on the subject line and in the body of your message. If you are a California resident, 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 and only information on covered sharing will be included in our response.
    • Our California Do Not Track Notice. We do not currently respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide users the ability to exercise choice regarding the collection of personal information about that user’s online activities over time and across third-party web sites or online services. We may allow third parties, such as companies that provide us with analytics tools, to collect personal information about your online activities over time and across different apps or web sites when you use our Service.

    IX. Nevada Privacy Rights

    We do not sell consumers’ covered information for monetary consideration (as defined in Chapter 603A of the Nevada Revised Statutes). However, if you are a Nevada resident, you have the right to submit a request directing us not to sell your personal information. To submit such a request, please contact us using the contact details in the “Our Contact Information” section below.

    X. European Economic Area and United Kingdom Residents

    If you are in the European Economic Area ("EEA") or the United Kingdom, this Section applies to the processing of your personal data in the context of Live accessible via the applications of our partners as further described in this Privacy Policy. The Terms of Service for Live https://terms.video.tumblr-live.com/terms-of-service governs the terms under which you may access and use Live. A list of the applications and contact details of Live partners (“Partner(s)”) and the relevant privacy policy is available at https://talent.meetme.com/partner-policy-meetme.html (“Partner List”). By using Live and related functionalities via the applications of our Partners we process your data as described below.

    A. Controller, controller's contact details and contact details of the data protection officer.

    For processing activities related to your personal data, the controller is:

    The Meet Group, Inc. ("TMG", "We", "us", "our")

    100 Union Square Drive
    New Hope, PA 18938
    Attn: Legal Department

    In the context of Live accessible via the applications of our Partners as set out above, TMG and these Partners may process your personal data as joint controllers to the extent described in Section B below. "Joint control" means that TMG and the relevant Partner(s) jointly determine the means and purposes of processing (i.e., they determine together how and why your personal data is processed in the context of Live). For other processing activities, TMG and its Partners are separate controllers.

    The contact details of our data protection officer are:

    ePrivacy GmbH
    represented by Prof. Dr. Christoph Bauer
    Große Bleichen 21
    20354 Hamburg
    Email: privacy@themeetgroup.com

    If you wish to exercise your data protection rights in the context of Live accessible via Partner applications, please contact us at: support@themeetgroup.com.

    The contact details for our UK representative is:

    eHarmony UK Ltd.
    6-10 Great Portland Street
    London W1W 8QL
    Great Britain

    B. Joint control.

    In the context of Live accessible via the applications of our Partners as set out above, TMG and these Partners are joint controllers to the extent that your personal data is shared and otherwise processed among TMG and these Partner 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, TMG (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, TMG, 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.

    TMG and its 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:

    • TMG is responsible for informing you about the essence of the joint controller arrangements.
    • You may contact either TMG or the Partner to exercise your data protection rights with respect to personal data processed under joint control as outlined in this Section B. TMG can be contacted at: support@themeetgroup.com.

      Please note that irrespective of the possibility to contact TMG, you may alternatively exercise your rights in respect of and against each joint controller.
    • TMG and its Partners shall inform you about their processing activities related to your personal data in their publicly available privacy policies (links to the privacy policies of TMG's Partner can be found https://talent.meetme.com/partner-policy-meetme.html).
    • TMG and its Partners shall implement appropriate technical and organisational measures to ensure an adequate level of security for personal data processed as joint controllers.
    • TMG and its Partners shall implement appropriate safeguards for any transfer of personal data of Live users located in the EEA/UK.
    • In the context of Live and subject to the joint control, TMG and its Partners shall only share and otherwise process the categories of personal data outlined below and for the purposes listed below.

    TMG and its 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;
    • language;
    • photos and image(s);
    • about text;
    • (only with your consent) location related data; and
    • (only with your consent) who you are interested in (men, women or both), which reveals your sexual orientation.

    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; and
    • management of virtual gifts in the context of live streams.

    For other processing activities, TMG and its Partners are separate controllers; for example, with respect to the following processing operations (this list is not complete):

    • any processing of personal data by the Partner in the context of the provision of the Partner application;
    • any analysis of user behaviour by the Partner in the Partner application; and
    • any processing of personal data by TMG when providing services other than Live

    C. Sources of personal data.

    TMG may receive the categories of personal data outlined in Section B above from the Partners identified in the Partner List, depending on which application you are using to access Live.

    D. Purposes and legal bases of processing.

    TMG may process your personal data

    • to provide you with Live and related functionalities via the application you are using to access Live; for such processing, TMG relies on the legal basis "performance of a contract" (Art. 6(1)(b) of the General Data Protection Regulation respectively the General Data Protection Regulation as saved into United Kingdom law by virtue of section 3 of the United Kingdom's European Union (Withdrawal) Act 2018 (together "GDPR")). With respect to location data, TMG relies on your consent (Art. 6(1)(a), Art. 7 GDPR) and with respect to sexual orientation, TMG relies on your explicit consent (Art. Art. 6(1)(a), Art. 7, Art. 9(2)(a) GDPR).
    • for moderating live streams; for such processing, TMG relies on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, TMG pursues its, its Partner's / Partners' and other users' (who are participating in Live) interests in live streams provided in a pleasant and safe environment.
    • to analyse user behaviour related to Live and to create anonymized usage information based on such analysis; for such processing, TMG relies on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, TMG pursues its interest in understanding how the Live is used.
    • to show advertisements to users of Live via said function; for such processing, TMG relies 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 TMG relies on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, TMG has an interest in potentially disclosing and otherwise processing information regarding its 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 TMG is subject; for such processing, TMG relies 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, TMG pursues its interests in complying with legal obligations to which TMG is subject.
    • to safeguard our rights; for such processing, TMG relies on the legal basis "legitimate interests" (Art. 6(1)(f) GDPR). In this regard, TMG pursues its interests in establishing, exercising and defending legal claims.

    You are not legally or statutorily required to provide us with your personal data. However, the use of Live requires that you and/or the Partner provide certain information to us. If you do not want to do so or for the Partner to provide this information to us, you will not be able to use Live.

    E. Categories of recipients of personal data.

    At TMG, 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 provider (e.g., server hosting provider, Amazon Web Services) (U.S.A)
    • Service provider for video streaming (Agora Inc.) (U.S.A.)
    • Third party payment processors for in-app purchases. Any payment information is collected by our third-party payment processor pursuant to such third party’s privacy policy and TMG does not process any payment information from you. TMG does not collect or process any payment information when you make a purchase.

    Furthermore, we may share your personal data with the following third parties:

    • Our Partners as referenced in the Partner List as necessary for the provision of Live
    • State authorities (as necessary to comply with legal obligations)
    • Consultants (lawyers and auditors) and courts (as necessary 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

    F. 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 support@themeetgroup.com. Please note that such copy may be redacted to the extent necessary to protect business secrets or other confidential information.

    G. 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 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.

    Data protection rights

    You have the following rights under UK and EU GDPR provided that the legal requirements therein 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 defence 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 defence 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.

    Furthermore, you have the following rights:

    • 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.
      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.

    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 in Partner applications, please contact us at: support@themeetgroup.com.

    XI. Changes to this Privacy Policy

    We may revise this Privacy Policy from time to time to reflect new or changed features and services, changes in the law, or changes in our use or collection of personal information. We display an effective date on this Privacy Policy so you can tell when there has been a change. If we make a change regarding our use or disclosure of personal information (date of birth, first or last name, physical address, phone number, email address, or location), we will provide a notice when you open our Service. If you object to any terms and conditions of the Privacy Policy or any subsequent changes or you become dissatisfied with our Service or The Meet Group, Inc. in any way, your only option is to delete your account. Your continued use of our Service after we post a revised Privacy Policy means that you agree to the revisions.

    XII. Language

    This Privacy Policy was 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

    Our Data Protection Officer:
    ePrivacy GmbH
    represented by Prof. Dr. Christoph Bauer
    Große Bleichen 21
    20354 Hamburg

    For all requests concerning the security of your data, please contact our data protection officer at privacy@themeetgroup.com.

    If you have a particularly sensitive request, please contact our data protection officer via postal mail, as email communication cannot be guaranteed to be secure.

    If you have questions regarding this Privacy Policy, please contact us. If you are located in the European Union we are the controller of your personal information.

    Mail: 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

    XIII. VIRGINIA RESIDENTS

    The Virginia Consumer Data Protection Act Privacy Notice applies to the personal data of residents of Virginia that is collected and/or processed by or on behalf of TMG.