Terms of Service
Last Modified: July 6, 2018
MeetHook is owned and operated by MeetHook, LLC, a Delaware limited liability company (“MeetHook”, “we” or “us”). MeetHook is a web and smartphone application that connects people 1-on-1 for real time, on-demand, live video chat Sessions.
These Terms of Service (“Terms of Service”) govern your access to and use of the MeetHook mobile application platform (the “App”) and the website located at http://MeetHook.com (the “Website”), including any content, functionality and services offered on or through the App or the Website, and any of our other products or services (collectively referred to as the “Services”).
The Services are made available to both Hosts and Users (as defined below). For purposes of these Terms of Service, a “User” is anyone who signs up for a MeetHook User profile in order to connect with a Host. A “Host” is anyone who creates a Host profile for the purposes of sharing his or her time and/or skills or interests for payment and/or charity. A person can be both a Host and a User, but not in the same transaction. In these Terms of Service, Hosts and Users are referred to collectively as “you”.
You acknowledge and confirm that (i) you have read and understand all of the terms, conditions, policies, provisions, disclosures and disclaimers contained herein, (ii) these Terms of Service have the same force and effect as a signed agreement, and (iii) you expressly accept and agree to be bound by the terms hereof.
Changes to these Terms of Service
We may modify these Terms of Service at any time in our sole discretion. We will post notice of changes to these Terms of Service on this page. Changes will not apply retroactively and will only become effective when (i) you use the Services after you know about the change, or (ii) thirty (30) days after they are posted, whichever is sooner. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. We will also update the Last Modified Date at the top of these Terms of Service accordingly. Your continued use of the Services after the Last Modified Date signifies your consent to the modified Terms of Service. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the modified Terms of Service are not acceptable to you, you should not access or use the Services after the Last Modified Date.
Data Privacy and Personal Information
International Hosts and Users
MeetHook and the Services are operated from within the United States. If you access the Services from a location outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of that jurisdiction, including those regarding security, online conduct and acceptable content. MeetHook makes no claim that the content of the Services may be utilized, accessed or appropriate outside the United States. You must not access or use the Services from a territory that is embargoed by the United States or from which it is illegal to receive products, services, or software from the United States.
Third Party Links
The Services may link to independent third-party websites or social media widgets, and may give you the ability to link to social media accounts in your Profile. Such hyperlinks are provided for your reference and convenience only. MeetHook is not liable for the availability or accuracy of such third-party sources, and you assume all risk in using them. When you link to them, these third-party sites or services may place cookies and other tracking technologies on your computer and may have different rules for using or sharing any personal information you submit to them. We encourage you to read their privacy policies before submitting your personal information.
When you access third party websites or interact or communicate with third parties, including Hosts, through the Services, you do so at your own risk. MeetHook is not responsible for the actions, content, information, data, practices, policies or opinions of any third parties, including Hosts. You are solely responsible for your interactions with third parties (including Hosts) and you should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person.
If you have a dispute with one more third party websites or third parties, including Hosts, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Using the Services requires you to create a Profile and accept our Terms of Service. Please see our Help/FAQs for additional information on what information is required.
By registering, you represent and warrant: (i) that all of the information that you provide, including any social media profiles and other links that you choose to add to your profile, is correct, current, and complete; (ii) that you have created an account for yourself and have not misrepresented your identity or created a false identity; and (iii) that you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purpose of providing any illegal information. If you believe that your identity or someone else’s identity has been misrepresented, please contact us immediately. You may also report Users or Hosts who you believe to be in breach of this paragraph.
You agree to keep your account information confidential and to not share your account with others. You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security.
The Payment Method will be charged at the time of booking. By entering your payment information, you confirm that the Payment Method being used is yours or that you have been authorized by the owner of the Payment Method to use it. All Payment Methods are subject to validation checks and authorization by the issuer. If the credit or debit card issuer refuses to authorize payment, we will not be responsible for any delay in your ability to access and use the Services.
To help ensure that your use of our App is secure, we use Secure Socket Layer (SSL) technology. MeetHook does not store credit or debit or bank information. Payment information is passed directly via SSL encryption to Stripe for payments and payouts for payroll. We secure the transport using HTTPS to encrypt data to and from the servers, Users, and third party providers. Please note that while we take reasonable care to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any information that you provide.
Registration as a Host requires you to first create a Profile (see “User Registration” above). Once you create a Profile, click on “Become a Host” in the drop-down menu and enter all required information. Please see our Help/FAQs for additional information. By providing this information, you (i) represent and warrant that all of the information that you provide in your profile is current, correct, complete, and not misleading, and that you have not registered for any illegal purpose, to facilitate any illegal topic, or otherwise for the purpose of providing any illegal information and (ii) consent to the display of the information that you provide in your Host Profile to Users. Prior to receiving compensation for serving as a Host, you will need to either designate PayPal as your preferred payment method and enter the information necessary or enter your bank name, account number, routing number, account holder name, account holder type, address and country, all which will be subject to verification by MeetHook. Your bank account must be at a banking institution located in the United States. You will also be required to enter your social security number for processing payment through Stripe; this information is not part of your public Host Profile. As a security precaution, bank details cannot be edited once verified; instead, you must delete the bank details and add new information as necessary. You cannot get paid as a Host until your payout details are complete and verified, which may take up to three (3) business days.
By entering your bank details, you confirm that the bank account being used is yours or that you have been authorized by the owner of the bank account to use it. To help ensure that your use of our App is secure, we use Secure Socket Layer (SSL) technology. MeetHook does not store credit or debit or bank information. Please note that while we take reasonable care to keep the details of your order and payment secure, in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorized access to any information that you provide.
Once your Host account is set up, your Host Profile will be viewable to all Users. Once you become a Host, you will not be able to delete your Profile. However, you may freeze your Profile in order to not appear in search results or be available for booking Sessions. MeetHook will not be responsible to you for any claims or damages in connection with such freeze, including but not limited to claims for lost profits.
A Host may choose to donate a percentage of his or her proceeds to a charity by selecting “Select Charity” from the drop-down list in the App. Donating to charity is voluntary, and Hosts are not required to reference the fact that they are donating to charity in their Host Profile. However, Hosts who choose to reference the fact that they are donating money to charity in their Host Profile must disclose the charity name and the percentage of proceeds, and must update this information if the charity or percentage donated changes or if they elect to no longer make donations to charity.
Each User acknowledges and agrees that a Host may change the charity or percentage donated or cease to donate at any time, without notice to a User, and that MeetHook will not be responsible or liable for such change.
Payments to Hosts; MeetHook Commission Fee
Hosts will be paid via direct deposit to their bank or PayPal account. There is no fee to be a Host, but a 15% commission from MeetHook sessions will be paid to MeetHook and will be deducted from the revenue that Hosts earn from MeetHook sessions. Any merchant fees will also be deducted from the revenue that Hosts earn from MeetHook sessions.
Hosts may send an email to email@example.com to seek status as a “verified” Host. MeetHook reserves the right in its sole discretion to approve or reject each request and has no liability to any User or Host in connection therewith.
Users who cancel the Session 24 hours before it starts will receive credit (equivalent to the amount paid) in their MeetHook Wallet. Users who do not join the Session will not be issued credit. Credits will only be available for other MeetHook sessions and will not be refunded in cash.
The Session will end automatically when the User’s purchased time is up. Users and Hosts may also end the Session at any time before the time is up. Users will be issued credit for the remaining unused time in their MeetHook Wallet, and Hosts will only be paid for their active time during the MeetHook session. If a Host does not show up during a booked MeetHook session, arrives late, or leaves early, the User will receive a prorated credit (based on the amount of time the Host was not present for the scheduled Session) that can be applied towards the purchase of a new MeetHook session; no refunds will be issued.
Credits do not expire. We do not allow refunds, exchanges, or returns.
User and Host Ratings
Users and Hosts are prompted to rate each other after each MeetHook session has ended. Host ratings are viewable publicly in Host profiles.
We will review User and Host ratings and take appropriate action as we deem necessary in our sole discretion, up to and including banning a User or a Host. By using the Services, Users and Hosts agree that MeetHook has no liability for any action or failure to take any action as a result of ratings or reports given by Users or Hosts.
Collection of Information
Information We Collect About You
We collect several types of information from and about Hosts and Users, some of which is personally identifiable and some of which is non-identifying or aggregated, including but not limited to:
· information by which you may be personally identified, such as name, postal address, e-mail address, mobile telephone number, or any other identifier by which you may be contacted online or offline, social security number, birthday, credit card or debit card information, and related billing information, including but not limited to bank name and account and routing number, business/entity type, and billing address (“personal information”), including payment information collected and processed by Stripe and PayPal (see “Collection of information by Third Party Providers” below);
· information that is about you but individually does not identify you; and/or
· information about your internet connection, the equipment both software and hardware you use to access the Services and usage details.
We collect this information (i) directly from you when you provide it to us, (ii) automatically as you use the Services (which information may include usage details, Internet Protocol (IP) and MAC addresses and information collected through cookies, web beacons and other tracking technologies), and (iii) from third parties (such as our business partners and service providers).
Information You Provide to Us
The information we collect on or through the App, the Website, email, text, files, media, audio, video or otherwise through your use of the Services may include (i) information that you provide about yourself or others by using our Services, including information provided at the time of registering or subscribing to use our Services (such as username, password, e-mail address, and all other information that you add to your account or Profile), posting material or requesting further Services; (ii) records and copies of your correspondence, if you contact us; (iii) your responses to surveys that we might ask you to complete for research purposes; and (iv) details of any transactions that you carry out through the Services.
You also may provide information to be published or displayed on public areas of the Services, or transmitted to Hosts and Users or third parties, including, but not limited to, any messages, ratings, videos, photos, files, metadata, sounds, and music that are viewable or accessible through the App and any text, emails, pictures, videos, audio, files, media, block data, analytical data, network transport packets, reports, documents, and/or metadata that you have sent or received during MeetHook sessions (“Content”). Content is posted on and transmitted to others at your own risk. Although we limit access to certain information, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of Hosts and Users. Therefore, we cannot and do not guarantee that Content will not be viewed by unauthorized persons. You should not submit, transmit, or upload personal information or any other information about yourself or others that you are not comfortable disclosing to the general public. This information may be viewable and searchable by Hosts and Users and third parties on indexing websites such as Google, and may be disclosed to third parties under certain circumstances as provided herein.
Information Collected Through Data Tracking Technologies
As you use the Services, we may use automatic data collection technologies to collect certain information about your devices, browsing actions and patterns, including details of your use of the Services (such as traffic data, location data, logs and other communication data) and information about your devices and internet connection (including but not limited to: your IP address, MAC Addressing, location, session types, operating system and browser type).
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Please see “Your Choices About Our Use and Disclosure of Your Information” below for information on how you can opt out of behavioral tracking on the Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
The technologies we use for this automatic data collection may include:
Log Information. We may automatically collect and store certain information in our server logs when you use the Services, including details about how you used the Services, IP address, hardware addressing, and additional information specific to your device (such as system activity, hardware settings, browser type, and browser language).
Device Identifiers. We may collect information about your device, such as your operating system, hardware version, device settings, file and software names and types, mobile network information and device identifiers. This helps us measure how the Services are performing and improve the Services for you on your particular device.
Location-Based Data. We may collect and process information about your geographic location (for example, through GPS signals) when you use the Services. We will not store or track your device location on an ongoing basis or without your permission. We do not share precise geolocation data with third parties, other than our service providers as necessary to provide the Services.
Analytics Data. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services. These third-party analytics do not collect direct personal information about any Host or User.
Why We Collect Information
The information we collect helps us to improve the Services and to deliver a better and more personalized experience, including by enabling us to estimate size and usage patterns, store information about your preferences, allowing us to customize our Services according to your individual interests, connect you with Hosts and Users as applicable, and recognize you when you use the Services.
Legal Bases for Processing
We process personal data for, or based on, one or more of the following legal bases:
- Performance of a Contract. We use personal data to enter into and to perform under, an agreement between us.
· Legitimate Interests. We use personal data for our legitimate interests, including contact information, Service interaction, and Website usage data.
- Compliance with Legal Obligations and Protection of Individuals. We may use personal data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.
- Your Consent. We process certain personal data because you have given us your consent to process it in that manner.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
· Provide you with the Services, and any other information, products or services that you request from us.
· Present our App and Website and their contents to you.
· Fulfill any other purpose for which you provide it to for Services.
· Give you notices about your account.
· Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including, if applicable, for billing and collection.
· Notify you when updates to the Services are available, and about changes to any products or services we offer or provide though our Services.
· Contact you about our own and third parties’ goods and services that may be of interest to you.
· Enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Additionally, we may use information that we collect about you or that you provide to us in any other way we may describe when you provide the information or for any other purposes with your consent.
Following termination or deactivation of an account, we may retain information and content for backup, archival, audit or other business purposes, or otherwise in accordance with applicable laws. We may maintain anonymized, de-identified or aggregated data, including usage data, for analytics purposes. If you have any questions about data retention or deletion, please e-mail info@MeetHook.com.
Disclosure of Your Information
We may disclose anonymized, de-identified or aggregated information about our Hosts and Users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide:
· To our subsidiaries and affiliates.
· To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
· To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
· To fulfill the purpose for which you provide it.
· For any other purpose disclosed by us when you provide the information.
· With your consent.
· To comply with any court order, law or legal process, including to respond to any government or regulatory request.
· To enforce or apply our Terms of Service, found at http://meethook.com/terms and other agreements, including for billing and collection purposes.
· If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MeetHook, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may also share aggregated, non-personally identifiable information publicly, including with partners or the press, in order to, for example, demonstrate how our Services are used, evaluate industry trends, or to create our marketing materials. Any aggregated information shared this way will not contain any personal information.
Your Choices About Our Use and Disclosure of Your Information
Location Information. You can choose whether or not to allow the App and/or Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App and/or Website may then be inaccessible or not function properly.
Your Rights Regarding Data
Certain laws provide individuals with enhanced rights in respect of their personal data. These rights may include, depending on the facts and circumstances surrounding, and in certain cases the legal basis for, the processing of personal data, the following:
- The right to be informed of whether we hold personal data about you.
- The right to object to decisions based on profiling or automated decision-making that produce legal or similarly significant effects on you;
- The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (a) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (b) performance of a task in the public interest;
- The right to challenge the accuracy and completeness of your personal data and have it amended as appropriate;
- The right to be provided with information about our policies and practices with respect to the management of personal data, including: (a) the name or title, and address, of the person who is accountable for our privacy policies and practices; (b) the means of gaining access to personal data; (c) a description of the type of personal data held by us, including a general account of its use; (d) a copy of any brochures or other information that explain our policies, standards, or codes; and (e) what personal data is made available to related organizations;
- The right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
- The right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.
Where required by applicable law, we will respond to a valid request relating to your rights within one month of receipt, or within three months where a request is complex or challenging. Note that we may need to request additional information from you to validate your request.
Under certain conditions, you may have the right to require us to:
· Provide you with further details on the use we make of your personal information
· Provide you with a copy of the personal information we hold about you
· Update any inaccuracies in the personal information we hold about you
· Delete any of your personal information that we no longer have a lawful ground to use
· Where processing is based on consent, stop that particular processing by withdrawing your consent
· Object to any processing based on our legitimate interests unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights
· Restrict how we use your personal information whilst a complaint is being investigated
· Transfer your personal information to a third party in a standardized machine-readable format.
If you have consented to our processing of your personal data, you have the right to withdraw your consent at any time, free of charge. This includes cases where you wish to opt out from marketing messages that you receive from us.
Accessing and Correcting Your Information
You may review and update your account information by logging into your account and visiting your account profile or settings page.
Collection of Information by Third Party Providers
Amazon Web Services
Stripe and PayPal
All payment transactions made through the Services are processed by (i) Stripe, a service offered by Stripe, Inc. and (ii) PayPal, a service offered by PayPal, Inc. Stripe and PayPal are used for payment and payout processing for Users and Hosts.
Other Third Party Collection of Information
Some content or applications, including advertisements, on the Services may be served by third-parties, including advertisers, ad networks and servers, content and application providers, and your mobile device manufacturer and mobile device service provider. These third parties may use tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
MeetHook does not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Changes and Termination of Services
We are constantly changing and improving our Services. We reserve the right to add or remove functionalities or features of the Services, and we may suspend, stop, or delete a host or user account or may suspend or stop the Services altogether, including, for example, if you do not comply with these Terms of Service or if we are investigating suspected misconduct or breach of any applicable laws. You can stop using our Services at any time. We may also stop providing Services to you, add or create new limits to our Services, or restrict your access to all or a part of the Services at any time and for any reason without notice or liability. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. The right to access and use the Services is revoked in jurisdictions where it may be prohibited, if any.
Interactions Between Users and Hosts
By using the Services, you acknowledge and agree that you have fully evaluated the services and expertise of Hosts before paying for MeetHook sessions with them; (ii) you pay for transactions with Hosts at your own risk; and (iii) by using the Services, you waive any and all rights or claims that you may have to obtain a refund.
By using the Services, you acknowledge and agree that (i) MeetHook does not review or endorse nor have any liability to Users or Hosts with respect to any content, communication, or advice provided through interactions that are facilitated through the App, including any media (including pictures, videos, and/or files) sent and received during MeetHook sessions nor ratings; (ii) MeetHook does not verify the accuracy of information provided by Users or Hosts; (iii) MeetHook does not review or verify communications between Users and Hosts, and does not endorse or support any advice or communication facilitated through the Services; (iv) MeetHook does not do background checks on Users or Hosts and does not verify, vet, or review the identity of Users or Hosts or the services and expertise that they offer, and MeetHook is not responsible for validating or vetting the expertise or qualification of any particular Host. Users are solely responsible for verifying any information before relying on it and paying for interactions based on it, and for determining the suitability of any information obtained through the Services. MeetHook does not represent or warrant that any such communication will meet User or Host expectations and does not make any representations or warranties with respect to the quality of interactions between Users and Hosts, and is not responsible for the quality of interactions between Users and Hosts.
MeetHook makes no guarantee to Users that any transaction request submitted will be accepted, nor that any messages that Users send to Hosts will be answered. MeetHook will have no liability to Users for any failure to connect or interact with a particular Host.
If you have a dispute with a User or a Host, you hereby release MeetHook (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. We reserve the right, but have no obligation, to become involved in any way with these disputes. 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
MeetHook Now!! is a feature that permits Hosts to instantly connect with Users. Users may use MeetHook Now!! by favoriting a Host. When the Host is available for sessions, the User will be notified that the Host is available to instantly connect and the Host will connect with the first User to respond.
MeetHook Now!! Sessions are available to Users on a first come, first served basis. MeetHook provides MeetHook Now!! as a convenience to our Hosts and Users but in no way guarantees that Users will be able to book sessions with Hosts who appear online and available through MeetHook Now!!
Recording MeetHook Sessions
Users and Hosts acknowledge and agree that any video or other recording of any MeetHook sessions is the sole property of MeetHook. Users and Hosts can record their sessions and save them to the App or Website, but are not allowed to share or post them outside of the App or Website, including, but not limited to, on social media sites. A violation of this section could result in your removal from MeetHook.
Only one person at a time can record a session, so if a Host is recording, a User will not be able to hit the record button and vice versa. All session videos that have been recorded are archived and can be viewed by either the Host or User. MeetHook may charge a fee for storing multiple session videos.
Internet Connections; Mobile Access
The App is available via a mobile device. You may also choose to allow text/SMS message and push notifications on your device. Please see our Help/FAQ for additional information. Users and Hosts may only log in to their account on one device at a time. Using your mobile device, you will have the ability to: (i) browse content on the Services, (ii) receive and reply to chats and messages, (iii) interact with Hosts and (iv) access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, you acknowledge and agree that your wireless service carrier’s standard charges, data rates and other fees may apply, and that all such charges and fees will be your sole responsibility. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile device, and what restrictions, if any, may be applicable to your use of such Mobile Services.
By using the Mobile Services, you agree that we may communicate with you regarding MeetHook and the Services by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
You understand that MeetHook provides the Services over the Internet and/or a mobile application and that such connections can be unpredictable, insecure, and unstable, such that MeetHook cannot guarantee uninterrupted access to the Services. MeetHook disclaims all liability in connection with any interruptions to Service access, security incidents or breaches arising from or attributable to an Internet and/or data connection. You agree to waive any and all claims against MeetHook in connection therewith.
We do not represent or warrant that the App is compatible with all devices and operating systems, and it is your sole responsibility to determine whether the App is compatible with your devices. We may from time to time make updates to the App. Such updates may require your acceptance of new Terms of Service before you may continue to use the App.
MeetHook grants to you a revocable, non-transferable, nonexclusive, limited and non-assignable license to access and use the Services in accordance with these Terms of Service. MeetHook reserves all other rights in the Services not expressly granted to you.
You grant MeetHook a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, publish, reproduce, display, copy, edit, perform, create derivative works from, or otherwise make use of any content you submit through the Services, or is transmitted to Hosts and Users or third parties, including but not limited to any messages, ratings, videos, photos, files, metadata, sounds, and music that are viewable or accessible through the App and any text, emails, pictures, videos, audio, files, media, block data, analytical data, network transport packets, reports, documents, and/or metadata that you have sent or received during MeetHook sessions (“Content”). You understand and acknowledge that you are responsible for any Content you submit or contribute, and you, not MeetHook, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any Content. We cannot guarantee the identity of any other Hosts with whom you may interact in the course of using the Services, or the authenticity of any information that Hosts may provide about themselves. You acknowledge that all content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
All files and blocks of data information stored, uploaded, downloaded and/or sent through to or from the Services (including physical data, virtual data, and metadata) shall be solely owned by MeetHook. All files shall be stored, replicated, backed up, added to, edited, moved, or removed at the sole discretion of MeetHook.
You grant MeetHook a worldwide, unlimited, irrevocable, royalty-free license to publicly and privately use, distribute, modify, offer for sale or exploit any suggestions, ideas, criticism, or other type of feedback you make relating to the Services, with no obligation to pay you royalties or any other compensation.
Conduct and Community Guidelines
You may use the Services only for lawful purposes and in accordance with these Terms of Service Without limiting the generality of the foregoing, you agree to use the Services in accordance with the provisions below:
- Users and Hosts will not post to any social media network or otherwise share any video or recording of any MeetHook session; any such video or recording is the sole property of MeetHook.
- You will only use the Services in accordance with the laws of your jurisdiction for personal, non-commercial purposes.
- You will be respectful and considerate of other Users and Hosts and will not harass or threaten other Users or Hosts or violate the rights of any other party, and you will do your part to make the App a safe, supportive community for all Users and Hosts.
- You will not impersonate someone else or misrepresent your affiliation with someone else.
- You will register for the Services using accurate and current information, and you will not impersonate or attempt to impersonate MeetHook, a MeetHook employee, another User or Host, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
- You will not post Content that infringes another’s intellectual property rights.
- You may not decompile, reverse engineer, or otherwise attempt to obtain the source code of any content on the Services.
- You will independently verify the quality, relevance or accuracy of any information posted on the Services by others.
- You will not use, store, copy, upload, display, post, reproduce, modify, translate, republish, distribute, broadcast, transmit, create derivative works from, display, license, sell or otherwise exploit any part of the Services or content on the Services in any form whatsoever other than as expressly permitted under these Terms of Service.
- You will not use contact information received through the Services for phishing, spamming and other unsolicited communications or data collection.
- You will not submit or post unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations.
- You will not use the Services in a manner intended to damage, disable, overburden or impair the Services or to disrupt or interfere with another's use of the Services.
- You will not attempt to hack or otherwise gain unauthorized access to the Services or User or Host accounts.
- You will not use high volume, automated, or electronic means to access the Services (including without limitation robots, spiders or scripts).
- You will not affect the display of the Services through use of framing, pop-ups or third-party ads.
- You will not transmit malware, software viruses, Trojan horses, worms or any other malicious application to or through the Services.
- You will not threaten, dox, or otherwise harass Users or Hosts.
- You will not submit or post information that is inaccurate, false, fraudulent, or misleading, including doctored photos or submissions made under false pretenses.
- You will not submit or post unlawful, harassing, libelous, abusive, threatening, violent, defamatory, vulgar, obscene, racist, harmful, inappropriate, discriminatory, sexually explicit, or otherwise objectionable material of any kind.
- You will not act in a manner that violates these Terms of Service.
- You will comply with applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction.
- You will notify us immediately of any content of the Services that violates these Terms of Service.
We have the right to: (i) remove or refuse to post any Content for any or no reason in our sole discretion; (ii) take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users or Hosts or the public or could create liability for MeetHook; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (v) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.
YOU WAIVE AND HOLD HARMLESS MEETHOOK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SUCH PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The Services and all past, present and future content of the Services, including all software, hardware and technology used to provide the Services (including our proprietary code and third-party software), user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Services, and all other intellectual property, including all trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of MeetHook, are (i) owned by MeetHook, its licensors or other providers of such material, (ii) protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (iii) are intended solely for the personal, non-commercial use of our Users and Hosts, and (iv) may only be used in accordance with these Terms of Service.
Using our Services does not give you ownership of any intellectual property rights in the Services or any content on the Services. You may not use content from the Services, including Content, unless you obtain permission from MeetHook and the Host who generated the content, if different from MeetHook, or are otherwise permitted by law. These Terms of Service do not grant you the right to use any of MeetHook’s technology or intellectual property. You may not remove, obscure, or alter any copyright or other legal notices displayed in or along with the Services.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by MeetHook. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms and may violate copyright, trademark and other laws.
Claims of Copyright Infringement
If you believe that your copyrighted work has been unlawfully copied and is accessible on the Services in a way that constitutes copyright infringement, please send a notice of copyright infringement to
511 Avenue of the Americas, #81
New York, NY 10011
The notice should include:
- Your full name and electronic or physical signature.
- Your mailing address, phone number and email address (at which you can be contacted by us or the alleged infringer).
- A statement that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed, and that the information in your notice is accurate.
- A statement that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright owner, its agent or by law, such as fair use.
- A description of the copyrighted work(s) that you claim has been infringed.
- A description of the location of the copyrighted materials on the Services.
Electronic Delivery Statement and Your Consent
You agree to receive legal notices and other information concerning MeetHook or the Services electronically, including notice to any email address that you may provide.
Term and Termination
These Terms of Service will remain in effect until terminated by MeetHook. We reserve the right to terminate or change the Services or your access to the Services, without notice, at any time and for any reason, including your violation of these Terms of Service or for business reasons. The disclaimer of warranties, limitation of liability, jurisdictional, limitation of time to file claims, indemnification and arbitration provisions survive any termination.
You agree that MeetHook may, for any reason and without notice to you, immediately terminate or otherwise restrict your access to the Services. MeetHook has no obligation to maintain, store, or transfer your information or data that you have posted on or uploaded to the Services.
Disclaimer of Representations and Warranties
THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MEETHOOK NOR ANY PERSON ASSOCIATED WITH MEETHOOK MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR ANY ASSOCIATED CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER MEETHOOK NOR ANYONE ASSOCIATED WITH MEETHOOK REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY ASSOCIATED CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UPDATED OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MEETHOOK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOUR USE OF THE SERVICES AND ANY CONTENT ON THE SERVICES IS AT YOUR SOLE RISK AND DISCRETION. You may not assert claims for money damages arising from the Services or any associated content against MeetHook, its affiliates, licensors or service providers, or our respective employees, contractors, officers, directors and agents. MeetHook, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, or loss of revenue, profits, goodwill or data, whether caused by tort (including negligence), breach of contract or otherwise, even if MeetHook knew or should have known of the possibility of such damages, arising out of or in connection with (i) your use, or inability to use, the Services or any associated content or Content, (ii) any interaction with any third party through or in connection with the Services, including Hosts and other Users, (iii) any information offered or provided within or through the Services, or (iii) any other matter relating to the Services. In no event shall MeetHook, its affiliates, licensors or service providers, or its respective employees, contractors, officers, directors and agents be liable to you in the aggregate (for all potential claims by you) for any damages incurred in excess of one hundred dollars ($100). Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, MeetHook’s liability shall be limited to the extent permitted by law.
You are solely legally liable if your use or misuse of the Services or any associated content causes damage to the Services, to you, or to someone or something else. You agree to defend, indemnify, and hold harmless MeetHook, its affiliates, licensors and service providers, and its respective employees, contractors, officers, directors and agents from and against all liabilities, claims, damages, judgment, awards, losses, costs, expenses, fines or fees (including attorney's fees and investigation costs), that arise from or relate to your use or misuse of the Services, violation of these Terms of Service or violation of a third party’s rights. MeetHook reserves the right, at MeetHook’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with MeetHook in asserting any available defenses.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.
Choice of Law and Jurisdiction
You agree that the laws of the State of New York and U.S. federal law govern these Terms of Service, your use of the Services, and any claim or dispute that you may have against MeetHook, without regard to New York’s conflict of laws rules. You consent to the personal and exclusive jurisdiction of the federal and state courts of New York, New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You understand that you are waiving your right to have your claims heard in court by a judge or jury. An arbitration award is as enforceable as a court order and is subject to only limited review by a judge. You also understand and agree that this arbitration provision prevents you from participating as a plaintiff or as a class member in any purported class action or representative proceeding.
Arbitration will be subject to the Federal Arbitration Act, and shall be commenced and conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as amended by this provision, by one arbitrator that is acceptable to both parties. You can find out more AAA and how to file an arbitration claim at www.adr.org or by calling 800-778-7879.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA rules and, where appropriate, limited by the AAA Consumer Rules. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MeetHook will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse MeetHook for all fees associated with the arbitration paid by MeetHook on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitration will be conducted through written submission, unless the arbitrator determines that a telephonic hearing is required. Except as otherwise provided in these Terms of Service, you and MeetHook may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and MeetHook shall be exclusively brought in the state or federal courts of New York, New York.
Despite this provision, you may file a claim in a small claims court that has jurisdiction to hear the matter.
Severability and Integration
These Terms of Service and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and MeetHook. If any part of the Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You may not assign these Terms of Service without MeetHook’s prior written approval. MeetHook may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MeetHook’s business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and MeetHook as a result of these Terms of Service or your use of the Services. Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MeetHook in writing.
The Services are operated by MeetHook, LLC. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to us at:
511 Avenue of the Americas, #81
New York, NY 10011