Introduction
These Terms of Use ("Terms") are a contract between you ("you" or "User") and 2WAY Interactive, Inc., with its principal offices located at 515 West 20th Street, Suite 7E, New York, NY 10011, United States. They govern your access to and use of the 2WAY website, mobile applications, and all related products, services, features, content, and 2WAY shows. By accessing or using any part of the Service, you agree to be bound by these Terms.
When you submit information through any form on any 2WAY website, you are agreeing to these Terms as of the time of submission.
By participating in any 2WAY show via Zoom or other platforms, you consent to being recorded (audio and video) and to the capture and use of your name, voice, image, likeness, biographical information, and other identifying information. 2WAY receives a perpetual, worldwide, irrevocable, royalty-free, fully paid-up, sublicensable license to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, broadcast, transmit, and otherwise exploit participant content for any lawful purpose, including commercial use in connection with sponsorships, partnerships, and advertising. You waive any rights of privacy, publicity, or similar rights, and any claims for compensation. You must not disclose confidential information, private personal information, protected health information, or any other sensitive information.
Section 1: Definitions
Account means the registered user profile created to access the Service.
Application means the 2WAY mobile application and related software.
Content means all information, data, text, images, video, audio, and other material on or submitted to the Service.
Site means the 2WAY website located at 2WAY.tv and all associated subdomains.
Service means the 2WAY website, mobile application, and all related products, services, features, content, and shows.
Third-Party Platforms means external services integrated with or linked from the Service, including but not limited to Zoom, YouTube, and X (formerly Twitter).
User means any individual who accesses or uses the Service.
User Content means any content submitted, posted, or transmitted by a User through the Service.
Show Participation means active participation in a 2WAY live show via Zoom, chat, or other interactive means.
Section 2: Services
2.0 Consent and Release
Show participation constitutes explicit consent per the Special Notice above. By joining any 2WAY show as a participant, you are agreeing to all terms of the Show Participation Release.
2.1 Application Features
The Application offers users the ability to view and share videos, integrating video streaming, gaming, and social interactivity. Features may change over time at 2WAY's discretion.
2.2 Terms of Application Usage
The Application is provided solely based on the stipulations in these Terms, including compliance with 2WAY's Privacy Policy and Cookie Policy. Use of the Application constitutes acceptance of all applicable policies.
2.3 Service Not for Regulated Data
The Service is not designed to comply with industry-specific regulations including HIPAA, FISMA, or GLBA. Do not submit regulated data through the Service.
2.4 Eligibility Requirements
You must be at least 14 years old, of sound mind, and with full legal capacity to use the Service. Accounts may only be used by the registered person. Users who have previously been suspended or banned may not re-register.
2.5 Parental Consent
Users between the ages of 14 and 17 require parent or guardian consent to use the Service. Children under the age of 14 may not use the Service under any circumstances.
2.6 Organizational Use
If you use the Service on behalf of an organization, you represent and warrant that you possess the necessary authority to act on behalf of that organization and to bind it to these Terms.
2.7 User-Provided Content Responsibility
The individual supplying Content is solely responsible for its nature and integrity. 2WAY's role is solely to provide hosting services and does not review all User Content prior to publication.
2.8 Account Creation and Security
Users must establish an Account by providing accurate, current, and complete information. You are responsible for safeguarding your password and for all activity that occurs under your Account. Notify 2WAY immediately of any unauthorized use.
2.9 Usage Restrictions
You may not: bypass or circumvent security features of the Service; exploit Content for commercial gain without authorization; use automated tools, bots, or scrapers without express written consent; collect personal data from other users without their consent; engage in spam or unsolicited communications; manipulate engagement metrics; engage in unfair competition; or interfere with the platform's operation or other users' experience.
Section 3: Intellectual Property; License
3.1 2WAY Materials
The Service and all 2WAY Content are owned by or licensed to 2WAY Interactive, Inc. and are protected by applicable intellectual property laws. Users may not copy, modify, distribute, sell, lease, or create derivative works from any 2WAY Content without express written permission.
3.2 Limited License to Users
2WAY grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to sublicense the Service or resell any part of it.
Section 4: User Content; Moderation
4.1 User Responsibility
You are solely responsible for your User Content and your conduct on the Service. You represent and warrant that you have all rights necessary to submit your User Content and that it does not violate any applicable law or third-party rights.
4.2 2WAY's Rights
By submitting User Content, you grant 2WAY a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, distribute, publicly display, and publicly perform your User Content for purposes of operating, improving, and providing the Service.
4.3 Removal and Enforcement
2WAY may review, remove, restrict, or disable access to User Content or accounts at any time for violations of these Terms, applicable law, or content that 2WAY determines may cause harm to the Service, its users, or third parties.
Section 5: Third-Party Platforms and Links
The Service may integrate with or link to Third-Party Platforms, including Zoom, YouTube, and X. 2WAY does not control Third-Party Platforms and is not responsible for their content, policies, or practices. Your use of Third-Party Platforms is subject to their respective terms and privacy policies.
Section 6: Termination
2WAY may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms or discontinuation of the Service. Upon termination, your right to use the Service will immediately cease.
Section 7: Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, 2WAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 2WAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Section 8: Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 2WAY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF 2WAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 9: Indemnification
You agree to defend, indemnify, and hold harmless 2WAY and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.
Section 10: Governing Law; Venue
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.
Section 11: Changes to These Terms
2WAY may update these Terms from time to time. Material changes will be provided with notice as required by applicable law. Continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
Section 12: Contact
Questions about these Terms can be sent to 2WAY at info@2WAY.tv or by mail to:
2WAY Interactive, Inc.515 West 20th Street, Suite 7ENew York, NY 10011