Terms of Service for Yapp

1. INTRODUCTION

These Terms of Service (“TOS”) are a legal agreement between you and The Meet Group, Inc. (“TMG,” “we,” “us,” or “our”) and govern your access and/or use of the Yapp mobile application and website (“Yapp”) made available to you by us (the “Services”). If you have any questions or comments about these TOS, please contact us at support@themeetgroup.com.

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

THE SECTION BELOW TITLED “ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER” CONTAINS A BINDING ARBITRATION AGREEMENT, CLASS ACTION AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT 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 Yapp. If you object to any terms and conditions of the TOS or any subsequent changes or you become dissatisfied with Yapp in any way, your only option is to stop using Yapp. Your continued use of Yapp after we post revised TOS means that you agree to the revisions.

We use the term “Users” in these TOS to include all end users of Yapp, including end users who are streaming or broadcasting through Yapp (“Streamers”). Yapp operates within a network of other applications owned or operated by TMG and/or Live Partners (“Live Network”). To find out which Live Partners are in the Live Network, please click here.

2. ACCOUNT ELIGIBLITY AND USE OF YAPP

You must be at least 18 years old to register for Yapp. If you are under the age of 18, you may not access or use Yapp. By accessing the Services and/or completing the registration process for Yapp, you represent that you are 18 years of age or older and can and will be legally bound by this Agreement.

Yapp is for your personal use only and you may not use it for any other purpose. You may not use Yapp in connection with any commercial activity without our express written approval. Companies and other organizations may not become Users of Yapp nor use Yapp without our express written approval. We reserve the right to investigate any suspected unauthorized uses of Yapp and we may take action in our sole discretion, including without limitation seeking legal, civil, criminal, or injunctive relief.

You may not use Yapp where prohibited by law, and you agree to comply with all local rules regarding online conduct and acceptable content.

REGISTRATION

To access and use Yapp you will need to register. To do this, you will need to choose an available registration option, such as email, SMS, Sign in with Apple, Sign in with Google or Facebook, and provide login credentials, such as email address and a password of your choice. You are responsible for keeping your password and account credentials confidential. Furthermore, you are responsible for any and all culpably caused activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security once you receive knowledge of it.

You can delete your account by going to Settings and selecting the option to delete your account.

SUBSCRIPTIONS AND IN-APP CURRENCY

5. NO SPAM POLICY

You may not engage in any activity involving spam on Yapp. 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 Yapp. Violations of this policy could subject you or your agents to civil and criminal penalties.

6. 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 Yapp. 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 Yapp 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 Yapp. 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 our owned & operated websites or applications (“TMG Apps”), on the other applications and websites not owned by us with which we share our live platform (“Live Partners”) 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 Yapp, TMG Apps and websites or applications of our Live Partners and to make Content submitted to or on Thrive 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 Yapp.

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 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 Yapp, or to remove features from your accounts used to access Yapp, 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 Yapp that is not yours.

We may establish general practices and limits concerning use of Yapp, 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.

7. AVAILABILITY OF SERVICE

We may at any time and from time to time modify, restrict your access to or discontinue Yapp or any feature within Yapp, 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 Yapp.

We may without prior warning or subsequent notice terminate your access to Yapp 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, including our Content and Conduct Policy or other related agreements or guidelines, (2) if you provide false information in your profile, (3) if you do not use Yapp for an extended period of time, (4) by request of law enforcement or other government agencies, (5) for discontinuance or changes made to Yapp 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 Yapp.

8. DEALINGS WITH ADVERTISERS AND THIRD-PARTY CONTENT

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Yapp 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.

Your correspondence or dealings with, or participation in promotions of, advertisers found on or through Yapp, 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 Yapp. 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.

9. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

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 Yapp. Please visit http://www.themeetgroup.com/safety-practices for important tips to help you stay safe online.

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

You are solely liable and responsible for your interactions with other Users on Yapp. We reserve the right to monitor disputes between you and other Users, but we have no obligation to do so.

10. PHOTOSENTIVTIY WARNING: READ BEFORE PLAY

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

11. DISCLAIMER OF WARRANTIES

YOU USE YAPP AT YOUR SOLE RISK. WE PROVIDE YAPP 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 YAPP WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT YAPP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE MAKE NO WARRANTY THAT (1) YAPP WILL MEET YOUR REQUIREMENTS, (2) YAPP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF YAPP WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YAPP WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY CONTENT, INFORMATION, OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YAPP 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.

12. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT CONTROL THE CONDUCT OF YAPP’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 YAPP 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 YAPP; (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 YAPP; (3) UNAUTHORIZED DISCLOSURE, ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON YAPP; OR (5) ANY OTHER MATTER RELATING TO YAPP.

OTHER USERS OF YAPP 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 YAPP. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OR ANY USER OF YAPP 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).

13. 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.

14. 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 YAPP, (3) YOUR ACCESS AND USE OF YAPP, YOUR CONNECTION TO YAPP, (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.

15. GOVERNING LAW AND VENUE

Unless prohibited by local law, this Agreement is governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, the Arbitration Agreement of this Agreement (below) shall be governed by the Federal Arbitration Act. Any action to compel arbitration, or challenging the enforceability or applicability of the arbitration provisions herein, must be filed in the federal or state courts of Delaware. Any action filed in any other court shall be transferred to, or dismissed without prejudice for refiling only in, the federal or state courts of Delaware, after removal to the appropriate federal court, if applicable, for determination by the Delaware federal or state court as to whether the action should be stayed pending, or otherwise referred to, arbitration. Any claims that are not referred to arbitration must be adjudicated exclusively in the federal or state courts of Delaware. For such claims, the federal and state courts of Delaware shall have exclusive personal jurisdiction and venue over you and us, and you and we waive any objection based on inconvenient forum. If either party files suit in any court other than the federal or state courts of Delaware, in deciding whether to transfer or dismiss the action, or otherwise give effect to this provision, the court shall apply the standard set forth in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas , 571 U.S. 49 (2013). The parties also agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these terms, or any other private or public consideration.

Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth below) is held to be unenforceable, you and we agree that any claims or disputes that you or we have against each other must be resolved in the federal or state courts located in Delaware to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Delaware law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Yapp or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND JURY TRIAL WAIVER

Purpose: This section of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and The Meet Group, Inc. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all Disputes between you and The Meet Group, Inc. shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

For the purpose of this Arbitration Agreement, “Yapp” means the Meet Group, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Yapp regarding any aspect of your relationship with Yapp, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND YAPP EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Pre-Arbitration Dispute Resolution: For all Disputes, you and we must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with us by mailing written notification to The Meet Group, Inc., 100 Union Square Drive, New Hope, PA 18938, USA. That written notification must include (1) your name, (2) your address, (3) your phone number, (4) your email address used to create your MeeMe account, (5) a written description of the Dispute, (6) a description of the specific relief you seek, and (7) your personal signature. If Yapp does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. We must commence any Dispute we have with you by sending you a written notification to the email address used to create your Yapp account that includes a written description of the Dispute and a description of the specific relief we seek. If the Dispute is not resolved to our satisfaction within 45 days after you receive our written notification, we may pursue our Dispute in arbitration. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Yapp may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. However, this shall not preclude the application of the Mass Filing section below. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of the Mass Filing section below.

In the event of a mass filing (defined in the section titled Mass Filing below), the procedures, fees, and costs described in the Mass Filing section will govern notwithstanding any applicable rule of the arbitration provider to the contrary.

Because your contract with Yapp, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration: The arbitration may be heard in Philadelphia, Pennsylvania, as otherwise required by the arbitration provider’s rules, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.

Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Delaware state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Yapp will pay the filing fees for you.

Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in the Mass Filing section below, unless both you and Yapp specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other member or user of the Yapp services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding, except as set forth in the Mass Filing section below.

Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Yapp are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Yapp might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

Continuation: This Arbitration Agreement shall survive the termination of your contract with Yapp and your use of the Yapp services.

Mass Filing: If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:

• Acknowledgment of Mass Filing Protocols. If you or we, or you or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
• Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor Yapp will be required to pay any such filing fees. You and Yapp also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre- hearing conference.
• Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall proceed in court unless the parties agree to an alternative procedure. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
• Arbitration Provider’s Authority to Apply Mass Filing Rules. Notwithstanding this Mass Filing section, if a series of arbitration demands is determined by the arbitration provider not to constitute a Mass Filing pursuant to this Arbitration Agreement, but such demands constitute a mass filing pursuant to the arbitration provider’s mass filing rules, the arbitration provider may apply its mass filing rules, procedures, and fees.
• Enforcement of Subsection. A Court of competent jurisdiction located in federal or state court in Delaware shall have the power to enforce this Mass Filing section.

Unavailability: If for some reason AAA is not available to administer the arbitration and you live in California, the arbitration will be administered by ADR Services, Inc. pursuant to its then in-effect arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If for some reason AAA is not available to administer the arbitration and you live outside of California, the arbitration will be administered by National Arbitration and Mediation pursuant to its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at Supplemental Rules. If none of these arbitration providers is available, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, the parties will select an alternative arbitral forum, with comparable fees and procedures for mass filings, if applicable. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, if applicable. If no such arbitration provider is available, the dispute shall be resolved in state or federal court in Delaware.

17. Digital Millennium Copyright Act Notice

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 Yapp 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 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) 862-1162

copyright@themeetgroup.com
Only DMCA notices should be sent to the Designated Agent.

18. ENTIRE AGREEMENT

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. 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.

19. Our CONTACT INFORMATION

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

20. ADDITIONAL TERMS FOR APPLE APP STORE DOWNLOADS

This section contains additional terms that apply to you if you have downloaded our app from Apple’s App Store. With respect to the relationship between TMG and Apple, the responsibility for our app is allocated as follows:

These TOS are between you and TMG, not between you and Apple. TMG, not Apple, is solely responsible for our app and its content. Our responsibilities and liabilities to you are explained in the other sections of these TOS. Apple has no obligation to provide any maintenance or support services for our app. TMG, not Apple, is responsible for any product warranties in relation to our app. If our app does not conform to any applicable warranty, you may notify Apple, and – if you have made a purchase – Apple will refund you that purchase price. Apple has no other warranty obligation in respect of our app. Any other claim that you might have in relation to our app is our sole responsibility (and not Apple’s) and will be determined in accordance with applicable law and these TOS. TMG, not Apple, is responsible for addressing any claim by you or a third party relating to our app, or your use or possession of our app. This includes: (i) product liability claims; (ii) any claim that our app does not comply with any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection, privacy or similar laws. If a third party claims that our app, or your use or possession of our app, infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and/or discharge of any such claim.

If you downloaded our app from Apple’s App Store, you also represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with any applicable third party terms when using our app (for example, you must not be in violation of your wireless data service terms when using our app). You must use our app in accordance with the Usage Rules in the current Apple’s App Store Terms of Service available here. You will only use our app on an Apple-branded device. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and Conditions. Apple and its subsidiaries may enforce these Terms and Conditions in accordance with the Contracts (Rights of Third Parties) Act 1999. There is no requirement to obtain consent from Apple, any Apple subsidiary or any other person who is not a party to these Terms and Conditions in order to rescind, vary, suspend, enforce or terminate these Terms and Conditions, or to assign or transfer any rights or obligations, or to grant any waiver under these Terms and Conditions.

21. ADDITIONAL TERMS FOR GOOGLE PLAY APP DOWNLOADS

This section contains additional terms that apply to you if you have downloaded Yapp from Google Play. With respect to the relationship between TMG and Google, the responsibility for our app is allocated as follows:

These TOS are between you and TMG, not between you and Google. TMG, not Google, is solely responsible for our app, its content and the Services. Our responsibilities and liabilities to you are explained in the other sections of these TOS. Google has no obligation or liability to you with respect to our app or these TOS. You should contact us, not Google, if you have any problems when using our app, or if you want to let us know about any errors or performance issues with our app.

If you have downloaded our app from Google Play, you must also use our app in accordance with the current Android Market Terms of Service available here. Google is a third-party beneficiary of these Terms. Google may enforce these Terms and Conditions in accordance with the Contracts (Rights of Third Parties) Act 1999.

22. INFORMATION ON THE RIGHT OF WITHDRAWAL FOR EEA AND UK RESIDENTS