TERMS OF SERVICE

Last Modified January 30, 2019

SCOPE

MeetEm, Inc., an United States registered corporation (“MeetEm”) welcomes you to its online services at www.meetem.com (the “Site”).  MeetEm is an online interactive video platform that connects fans and admirers (the “Fans”) from around the globe with their favorite entertainers or athletes (the “Talent”) for live one on one and group video meet and greets for a fee (the “Services”). MeetEm provides its Services subject to the terms and conditions in this Terms of Service (the “Terms” or “Agreement”).

 

The Services are available on all mobile and desktop devices (the “Application”). By downloading, installing, or otherwise accessing or using MeetEm Services, you agree that you have read, understood, and agree to be bound by these Terms. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use the Services. Please also read carefully our Privacy Policy available at www.meetem.com/  (the “Privacy Policy”). 

 

All references to “you” or “your,” as applicable, mean the person who accesses or uses the Site, Application, Service, and each of your heirs, assigns, and successors.

YOU UNDERSTAND AND AGREE THAT, OTHER THAN AS EXPRESSLY SET OUT HEREIN, MEETEM IS NOT AN AGENT OR BROKER OF ANY FAN OR TALENT. MEETEM HAS NO CONTROL OVER THE CONDUCT OF TALENT, FANS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICE AND MEETEM DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.​

Changes to These Terms 

We may update these Terms from time to time.  Revisions to these Terms become effective as of the date such revisions are posted on our Site and supersede prior versions. We encourage you to check the effective date of these Terms whenever you visit our Site. Your continued access or use of our Services constitutes your acceptance of any revisions to these Terms. If you don’t agree to the revisions, you should stop using MeetEm’s Services and we are not obligated to provide you with the Services.

 

Consideration 

You understand and agree that these Terms are entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 

 

Key Terms

 “Collective Content” means, collectively, User Content and MeetEm Content.

“Content” means all digital material, including, without limitation, software, illustrations, documentation, information, music, pictures, images, textures, photographs, animations, three-dimensional models, video, audio, text, and all other digital material.

“Fan” means a User who registers to the Application and/or Site as a fan during the account registration process.

“MeetEm Content” means all Content that MeetEm makes available through the Site, Application, or Service, including, any Content licensed from a third party, but excludes User Content.

“Session” refers to direct messaging, voice notes, video calls, and/or live or video meet and greets which take place through the Application or Site.

“Session Request” means a request to schedule a Session.

“Talent” means a User who registers with the Application and/or Site as a Talent during the account registration process.

 “User” means a person who creates a MeetEm Account pursuant to, and in accordance with, MeetEm’s account registration process as described herein. For greater clarity, Users include, without limitation, Fans and Talents.

“User Content” means all Content that a User broadcasts, posts, uploads, publishes, submits or transmits to the Site, Application or Service or otherwise makes available thereon, including, without limitation, all Content included in a User’s MeetEm Account and all Content posted, uploaded, broadcast, published, submitted, transmitted or otherwise disseminated by a User during a Session.

ELIGIBILITY

THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY MEETEM. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.

 

By accessing or using the Service, you affirm that you are at least 18 years of age and have not been previously suspended or removed from the Service by MeetEm. You may use the Service only if you can form a binding contract with MeetEm and are not a person barred from receiving the Service or similar services under the laws of the United States or other applicable jurisdictions If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

HOW THE SITE, APPLICATION AND SERVICE WORK

MeetEm provides an online platform or marketplace with related technology for Fans and Talent to meet live 1 on 1 and through group video meet and greets. MeetEm is not an agent, broker, manager, contracting agent or other representative of any User. MeetEm’s responsibility is limited to facilitating the availability of the Site, Application, Service and Collective Content. 

 

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Site, Application or Service, including, without limitation, hardware devices, software, and Internet connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Site, Application or Service and you shall be responsible for all charges incurred in connection with the use of the Site, Application or Service. Additionally, you may be prompted to grant access to your camera, microphone and notifications service for essential aspects of the Service to function. You understand that if such access is disabled that the Service will lose its functionality.

 

MEETEM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL CONTENT AND SESSIONS. ACCORDINGLY, ANY SESSIONS WILL BE MADE OR ACCEPTED AT A USER’S OWN RISK. Users are prohibited from recording, reproducing, transmitting, distributing or otherwise copying Content from Sessions for the purpose of generating revenue for personal gain, on behalf of a company or another entity, or for any other reason, unless written or verbal consent is given prior to or at the beginning of the Session. 

 

YOUR ACCOUNT

To access and/or use the Service, Fans and Talent must register and create a MeetEm account to become a User. You may not have more than one active MeetEm account. To create an account, you need to give us some information about yourself. As part of the account creation process, you will be asked to provide your email address, create a password, and other information required by MeetEm to provide the Service. Until you apply for an account, your access to our Service will be limited to what is available to the general public. When registering an account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. If you provide information that is intentionally inaccurate, not current or incomplete in a material way, or if MeetEm has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete in a material way, MeetEm has the right to suspend or terminate your account. 

 

You are solely responsible for all use (whether or not authorized) of our Service under your account. You are also solely responsible for all use and for all acts and omissions of anyone that has access to your account. You are solely responsible for maintaining the confidentiality of all user ID(s) and password(s) giving you access to or use of our Services and agree to take all reasonable precautions to prevent unauthorized access to or use of our Services. You agree to notify us promptly of any unauthorized access or use of any user ID(s) and password(s). MeetEm shall not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. 

 

NO ENDORSEMENT

MeetEm is not involved in the interactions between Users, including, without limitation, interactions between Users during the Sessions. Further, MeetEm does not endorse any User or User Content and does not edit, modify, filter, screen or monitor any User Content other than to ensure compliance with these Terms in its sole discretion. We therefore recommend that you always exercise due diligence and care when deciding whether to book a Session with a Talent or, in the event you are a Talent, to accept a Session Request from a Fan, or to have any other interaction with any other User. We are not responsible for any damage or harm resulting from your interactions with other Users.

 

By using or accessing the Site, Application, Service or Collective Content, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from MeetEm with respect to such actions or omissions. This limitation shall not apply to any claim by a Talent against MeetEm regarding the remittance of payments of Talent fees, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

SESSIONS AND FINANCIAL TERMS

 SESSIONS AND FINANCIAL TERMS

You may be able to participate in certain features or services of the Site or the Services without paying a fee. However, MeetEm charges monthly membership fees and other fees to access certain services, such as Sessions between a Fan and Talent. You acknowledge and agree that MeetEm is authorized, but not required, to act on payment instructions received from anyone using your MeetEm account. All payments must be made in USD or via alternative payment methods made available by e-wallet or a payment gateway provider. You acknowledge that transactions may be facilitated by a third-party payment processor (the “Processor”), and agree that MeetEm may share your information, including information about your financial accounts, with the Processor for this purpose. You acknowledge that MeetEm is not responsible for the information collection, usage and disclosure practice of any Processor. 

 

You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your MeetEm account by you or anyone else using your account.  If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password or information about your financial accounts), notify MeetEm of the problem to avoid possible liability for any unauthorized charges to your account. 

 

REFUND POLICY

Once a Session has been initiated and/or completed, the transaction will be processed with all sales being final. There will be no refunds for any Sessions completed. Please use MeetEm responsibly and within your own means while understanding the underlying inherent risks associated with any participation on this platform. 

 

GENERAL TERMS

RISK DISCLOSURE

Information (such as profile, specialties, interest etc.) of Users are provided on an “as is” basis as it was made available to MeetEm. MeetEm is not responsible for poor audio or video quality. Talents are reminded to only accept Session Requests for times at which they are able to access a reliable mobile operator or WIFI internet signal. However, the Internet and data connections may always be subject to unexpected loss of data packets and sudden drops in service quality. By submitting a Session Request, you are assuming the risk of possibly experiencing poor or less than ideal call quality during a Session.

 

MeetEm is a platform that facilitates one on one connections between Fans and Talents that otherwise would possibly never happen. Users must provide honest, true, and valid information during a Session. However, in reality, we cannot verify this. Therefore, we suggest that you evaluate the risks and apply common sense when using the Service. MeetEm is not responsible for any personal encounters or communications between Users outside of the Service whether online or off-line.

MeetEm does not provide any advisory services. MeetEm is compensated solely for making the Service available to Users, namely, providing technology enabling a Session between a Fan and a Talent. Please note that the Talents, not MeetEm, are solely responsible for honoring any accepted Session Requests, making themselves available for any scheduled Sessions booked through the Application and to attend all scheduled Sessions on time. 

DONATIONS

Some Talent may pledge to donate a portion of the funds they receive from Sessions made via the Site, Application and Service to a particular cause or charity. We do not take any responsibility or liability for whether the Talent does in fact make the donation he or she pledged to make. In such cases, the Talent in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

 

TAXES

Tax regulations may require us to collect appropriate tax information from our Talents, or to withhold taxes and other amounts from payouts to Talents, or both. You as a Talent are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Talent fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes or other amounts from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such taxes and/or other amounts as required by law, or to do both.

 

You as a Talent understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included in Talent Fees, and for including Taxes to be collected or obligations relating to applicable Taxes in respect of Talent Fees. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. MeetEm cannot and does not offer Tax-related advice to any Users.

USER CONDUCT

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Service and Collective Content. In connection with your use of the Site, Application, Service and Collective Content, you may not and you agree that you will not:

 

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Service or Collective Content;
  • use the Site, Application, Service or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access or use any information contained on the Site, Application, Service or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Service or Collective Content in connection with the distribution of unsolicited commercial messages;
  • “stalk” or harass any other User of our Site, Application, Service or Collective Content, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Fan or Talent;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • as a Talent, include any false or misleading price information in your User’s profile or MeetEm Account, or include a price for a Session that you do not intend to honor;
  • as a Fan, submit a Session Request you do not intend to attend or honor;
  • as a Talent, accept a Session Request you do not intend to attend or honor;
  • post, upload, publish, submit or transmit any Content that: (i) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (ii) is fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vi) promotes illegal or harmful activities or substances;
  • use, display, mirror or frame the Site, Application, Service or Collective Content, or any individual element within the Site, Application, Service or Collective Content, MeetEm’s name, any MeetEm trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Service, without MeetEm’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Application or Service, MeetEm’s computer systems, or the technical delivery systems of MeetEm’s providers;
  • attempt to probe, scan, or test the vulnerability of any MeetEm system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MeetEm or any of MeetEm’s providers or any other third party (including another user) to protect the Site, Service, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Service, Application or Collective Content;
  • accept or make a payment for any fees in connection with a Session outside of the Application. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold MeetEm harmless from any liability for such payment; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

You are responsible for your own activities and communications on the Site or via the Services, and you are responsible for the consequences of such activities and communications. You acknowledge that MeetEm has no obligation to monitor your access to or use of the Site, Application, Service or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Site, Application and Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body or to respond to Content that it determines is otherwise objectionable or as set forth in these Terms.

PRIVACY

You agree that the Privacy Policy (as may be updated from time to time) governs MeetEm’s collection and use of your personal information.

 

OWNERSHIP

The Site, Application, and Service belong solely to MeetEm.  Your use of any of the Services does not confer any title or ownership interest in any of the Services, any information and Content that you access on or through the Services, or any intellectual property rights and proprietary right in any of them. MeetEm reserves the right to enforce its rights to the fullest extent of the law in the event of any violation of these Terms. 

 

LIMITED LICENSE

Subject to the terms and restrictions contained in these Terms and applicable law, MeetEm grants you a limited, universe-wide, non-exclusive, non-assignable and non-transferable license to download and install a copy of the Application and to use the Service solely for the purposes expressly identified in these Terms. You acknowledge that you may not sublicense, transfer, sell, rent or assign this license. Any attempt to sublicense, transfer, sell, rent or assign this license is null and void.  You agree that unless explicitly stated otherwise, any new products, software, data feeds, services, features, enhancements or additions or deletions to the Service are subject to these Terms.

 

MEETEM CONTENT 

​The MeetEm Content on or displayed via the Service, including but not limited to text, graphics, photos, software, letters and service marks, the MeetEm logo and trade name, other MeetEm logos and titles, and registered and unregistered trademarks (“trademark” as used herein includes service marks), is protected under United States copyright, trademark and/or other intellectual property laws.  Unauthorized use of the MeetEm Content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies).  You may not sell or modify the MeetEm Content or the Service or reproduce, display, distribute, or otherwise use the MeetEm Content in any way for any unlawful purpose, and are prohibited from adapting the HTML code that MeetEm creates to generate pages in connection with the Site or in connection with the Application.  You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our marks in such a way that would misrepresent or cause confusion as to who the proper owner of such mark is.

 

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content on the Application. By making available any User Content on or through the Site, Application and Service, you hereby grant to MeetEm a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site, Application, and Service. MeetEm does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

 

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Application and Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Application and Service or you have all rights, licenses, consents and releases that are necessary to grant to MeetEm the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or MeetEm’s use of the User Content (or any portion thereof) on, through or by means of the Site, Application, or Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

MeetEm reserves the right, at any time and without prior notice, to remove any User Content or disable access to any MeetEm Account for any reason, including any User Content or MeetEm Account that MeetEm, in  its sole discretion, considers defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; promotes illegal or harmful activities or substances; or MeetEm otherwise considers objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Service.

 

LINKS

The Site, Application and Service may contain links to third-party websites or resources. You acknowledge and agree that MeetEm is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MeetEm of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names and any other proprietary designations of MeetEm used herein are trademarks or registered trademarks of MeetEm, as applicable. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

COMMUNICATIONS

By creating a MeetEm Account, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any e-mails we send.

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COPYRIGHT POLICY

MeetEm respects copyright law and expects its users to do the same. It is MeetEm’s policy to terminate, in appropriate circumstances, the MeetEm Accounts of Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

SUSPENSION, TERMINATION AND MEETEM ACCOUNT CANCELLATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your MeetEm Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your MeetEm Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Service, or your MeetEm Account, your User Content, (b) any pending or accepted future bookings as either Talent or Fan will be immediately terminated, (c) we may communicate to your Fans, in the event you are a Talent, or the Talents with whom you have scheduled a Session, in the event you are a Fan, that a pending or accepted Session Request has been cancelled, and (d) if you are a Talent, you will not be entitled to any compensation for Sessions that were cancelled as a result of a suspension, deactivation or termination of your MeetEm Account. You may cancel your MeetEm Account at any time by sending us an email at [insert link]. Please note that if your MeetEm Account is cancelled, we do not have any obligation to delete or return to you any Content you have posted to the Site, Application and Service, including, but not limited to, any reviews or Feedback.

 

DISCLAIMERS

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MEETEM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, FANS AND TALENTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEETEM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MEETEM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY USERS, THE SERVICE OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICE.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MEETEM OR THROUGH THE SITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS (INCLUDING WITHOUT, LIMITATION, THE SESSIONS) WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY TALENTS OR FANS. YOU UNDERSTAND THAT MEETEM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICE OR TO MONITOR ANY SESSIONS. MEETEM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, INCLUDING, BUT NOT LIMITED TO, FANS AND TALENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MEETEM. MEETEM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY FAN, TALENT OR OTHER THIRD PARTY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICE AND COLLECTIVE CONTENT, YOUR AVAILABILITY FOR, OR SESSION OF, ANY SESSIONS VIA THE APPLICATION AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MEETEM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF A SUBSTITUTE PRODUCT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, EXTRA-CONTRACTUAL LIABILITY (INCLUDING TORT), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEETEM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE TALENTS PURSUANT TO THESE TERMS, IN NO EVENT WILL MEETEM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICE INCLUDING, BUT NOT LIMITED TO, FROM YOUR SESSION, AS APPLICABLE, OF ANY SESSION VIA THE APPLICATION, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICE, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY SESSION OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNT YOU HAVE PAID OR OWE FOR SESSIONS VIA THE APPLICATION AS A FAN IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A TALENT, THE AMOUNT PAID BY MEETEM TO YOU IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEETEM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

INDEMNIFICATION

You agree to release, defend, indemnify, and hold MeetEm and its affiliates and subsidiaries, and their officers, directors, employees, agents and other representatives, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Service, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) your booking of, or participation in, a Session, or (iii) your creation of a MeetEm Account; (d) your failure as a Talent to include, collect or remit any taxes in respect of Talent fees; or (e) any taxes that MeetEm may be required to withhold from payments to Talents.

 

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between MeetEm and you regarding the Site, Application, Service, Collective Content, and any bookings or listings of Sessions made via the Application, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MeetEm and you regarding bookings or listings of Sessions, and your use of, and access to, the Site, Application, Service, and Collective Content

 

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without MeetEm’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MeetEm may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

NOTICES

​Any notice required or permitted to be given under these Terms will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, overnight delivery by a nationally recognized carrier or by email upon confirmation of receipt. Notices to MeetEm shall be copied to [insert], Attn: Howard Gatch.

 

CONTROLLING LAW AND JURISDICTION

These Terms will be governed by and interpreted according to the laws of the State of South Carolina without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. Except as provided below, any legal suit, action or proceeding arising out of or related to these Terms or our Services shall be instituted in either the state or federal courts of Charleston, South Carolina, and the parties consent to the personal jurisdiction of these courts.

 

AGREEMENT TO ARBITRATE

The parties agree that any claim, dispute, or controversy arising out of or relating to the terms and conditions of this Agreement, that cannot otherwise be resolved in good-faith negotiations, shall be resolved in accordance with South Carolina’s Uniform Arbitration Act. The parties shall mutually agree on the selection of one arbitrator who is unrelated to either party. All arbitration proceedings shall take place in the Charleston, South Carolina area. The arbitrator’s costs shall be borne equally by both parties, and each party will be responsible for its own costs associated with preparation, discovery, and additional expenses to prosecute or defend an arbitration claim. The prevailing party in the arbitration proceeding will be entitled to recover its reasonable costs and attorney’s fees, in addition to any other relief granted as determined by the arbitrator. The arbitrator shall be bound by the express sections of this Agreement in deciding any arbitration claim. The arbitrator’s decision shall be final.

 

GENERAL

The failure of MeetEm to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MeetEm. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

FORCE MAJEURE

No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.