Meetlete, Inc. Last Updated: 2/1/21
Terms of Use Agreement.
Terms of Use Agreement.
SERVICES. Fans use the Platform to be matched with Talent, like you, who choose to participate in Video Calls. By participating in a Video Call, Talent can raise funds for Non-Profit Partners that are designated by Talent, in his or her sole discretion. The Non-Profit Partners designated by Talent for the Video Call then receive fundraising proceeds in Meetlete’s name proportionate to the amount Talent has designated for that particular Video Call
From time to time, a Fan may request a Video Call from you through the Platform. You may have up to fourteen (14) days and three (3) attempts to complete the Video Call. If you do not either: (i) accept the request and complete the Video Call; or (ii) decline the request, the request will expire and can no longer be fulfilled. You may decline a request or otherwise refuse, in your discretion, to participate in a Video Call if a Fan’s request is objectionable or otherwise offensive to you. If you accept a request, you will complete the Video Call.
Meetlete retains the right, in its sole discretion, to cancel any request from a Fan. No payment will be made to you for any declined, cancelled or unfulfilled Video Call request.
ELIGIBILITY.
2.1. Age.You must be at least thirteen (13) years old to use our Platform. If you are at least thirteen (13) years of age, and if you are between thirteen (13) and eighteen (18), you are using the Platform under the supervision of a parent or guardian who is agreeing to be bound by the Supplemental Terms.
2.2. NCAA and Other Amateur Organizations. If you are or may become subject to National College Athletic Association (“NCAA”) rules and regulations or those of any other association, group, authority or organization, you represent and warrant that you have checked the rules and regulations to verify and confirm that your participation on our Platform does not or will not affect your current or future eligibility with respect to any such association, group, authority or organization.
2.3. Eligibility Representations and Warranties. You represent and warrant that:
(a) you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
(b) you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
(c) you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
(d) you are not a convicted sex offender.
INTELLECTUAL PROPERTY.
3.1. Talent Content.Talent owns all right, title and interest, including all intellectual property rights, in and to the Talent Content. Talent hereby grants to Meetlete and the Fan for which the Talent Content was created an irrevocable, perpetual, non-exclusive, worldwide, sublicensable, royalty-free license to use, reproduce, transmit, publish, distribute and make derivative works of, the Talent Content for its personal use, solely in accordance with the Meetlete Agreement.
3.2. Representations and Warranties.As a Talent, you represent and warrant that:
(a) You own all rights in and to your Talent Content and that you have the right to grant the rights described in these Supplemental Terms;
(b)You have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Talent Content by us, Fans, or third parties as described in these Supplemental Terms;
(c) Your agreement to, and provision of services under, these Supplemental Terms does not violate any agreement that you may have with any third party; and
(d) Your Talent Content does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order.
TALENT PARTICIPATION.
4.1. Minimum Terms.As a Talent, you represent and warrant that:
(a) You will refrain from becoming involved in any situation that (A) involves criminal misconduct or an act of moral turpitude; or (B) tends to shock, insult or offend the community at large (the occurrences described in this Section 4.1(a), collectively, the “Disparagement Acts”), regardless of whether or not information relating to any such Disparagement Act becomes public or whether or not any civil or criminal proceedings are instituted or sanctions imposed, or any federal, state, or local investigative proceedings are instituted or commenced in connection with such Disparagement Act;
(b) Video Calls are not, and are not intended to be, covered by any guild, union, collective bargaining, or similar agreement and there will be no residual or any other type of payment due from Meetlete to you, to any third party, guild, or union, or pursuant to any collective bargaining agreement, in connection with any Video Call, payment from us to you, or our Platform;
(c) Meetlete is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Platform; and
(d) You are not employed by Meetlete, and accordingly, we are not responsible for any contributions, payments, benefits, taxes, or deductions for payments of any kind, required to be made by an employer under applicable law or any withholding or income taxes.
4.2. Video Call Terms. As Talent, you represent and warrant that:
(a) You will not post or make publicly available any recording of any Video Call that the Fan has requested not be posted to your Account profile;
(b) You will not contact, respond to, or communicate with any User that you meet on or through our Platform, except as expressly permitted through our Platform; and
(c) You will not provide your contact information to any Fan or send merchandise or anything else to a Fan other than as permitted by these Supplemental Terms.
4.3. Fundraising Terms. As Talent, with respect to the Non-Profit Partner you have identified on your Account profile as a recipient of any funds you are raising, you represent and warrant that:
(a) You will comply with all applicable laws and regulations relating to the Non-Profit Partner and your identification of it, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement;
(b) The Non-Profit Organization is and will remain in good standing at all times the identification is used, and that within forty-eight (48) hours of your receipt of our request, you will provide us with written evidence of the Non-Profit Organization’s good standing and charitable status in all applicable jurisdictions, and that you will promptly remove the identification if the Non-Profit Organization ceases to be in good standing;
(c) You have all rights necessary to authorize use of the Non-Profit Partner’s name and logo in connection with (and on) our Platform, in the identification, and in any social and other media.
You acknowledge and agree that: (i) Meetlete may add a statement to your Account profile disclaiming a connection between Meetlete and the Non-Profit Partner; and (ii) Meetlete has the right, in its sole discretion, to reject your identification or the Non-Profit Partner.
PAYMENTS. You have the ability to set the prices displayed to Fans on your Account profile. You acknowledges and agrees that Meetlete is entitled to collect the Gross Revenues (as defined below) through its third-party payment provider as set forth in Section 9.3 of the General Terms of Use Agreement, and that prior to remitting your portion of such fees, Meetlete will deduct (a) any App Store fees, (b) credit card processing fees associated with payments received from Fans or sent to Talent (the “Stripe Fee”), (c) Meetlete’s platform fee, which is equal to twenty-five percent (25%) of the Gross Revenues and (d) designated Non-Profit Partner donation (collectively Deductions”). “Gross Revenues” means all revenue received by Meetlete from any Video Call transaction with a Fan, less the Stripe Fee. Meetlete will then remit the designated Non-Profit Partner donation to the Non-Profit Partner in Meetlete’s name, and the remaining amount of Gross Revenues, following the Deductions, to Talent within seven (7) days of receipt of Gross Revenues from Meetlete, at which point you may claim the funds through Stripe.
INDEPENDENT CONTRACTOR. Nothing in these Supplemental Terms will be deemed to create the relationship of partners, joint venturers, employer-employee, master-servant, or franchisor-franchisee between the parties. It is understood that your status hereunder is that of an independent contractor and that in performing your obligations hereunder, you will not be deemed an employee of Meetlete. As an independent contractor, you shall not, and you hereby waive any right to, participate in or receive any benefits under any compensation arrangement or employee benefit plan sponsored, maintained or contributed to by Meetlete, regardless of whether or not you subsequently are reclassified as an employee of Meetlete pursuant to Internal Revenue Service rule, regulation or the interpretation thereof, or otherwise. All contracts made by you in the performance of your obligations hereunder will be made by you as principal and not as agent of Meetlete and Meetlete will not have any liability to any party under any such contracts.