Terms of Use
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 (“2WAY,” “we,” or “us”).
These Terms govern your access to and use of the 2WAY website located at https://2WAY.tv/ (the “Site”), the 2WAY mobile applications (the “Application”), and any related products, services, features, content, and 2WAY shows (including participation via Zoom or other third-party platforms) that we make available (collectively, the “Service”).
By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms also apply to any subsequent updates (as permitted by these Terms), whether or not these updates are manually or automatically installed. Any rights not expressly granted to you in these Terms are reserved by 2WAY.
By accessing or using the Service, participating in any 2WAY show, or joining any 2WAY show via Zoom or any other video conferencing or streaming platform that 2WAY uses (collectively, “Show Participation”), you expressly acknowledge, consent, and agree that:
When you submit information through any form on any 2WAY website, landing page, or other 2WAY-controlled online property (including, without limitation, contact forms, waitlists, registrations, RSVPs, surveys, and applications), you are agreeing to these Terms as of the time of submission. 2WAY forms will present these Terms (or a link to these Terms) together with a clear statement of acceptance (including via checkbox or similar acknowledgment).
Without limiting any other provision in these Terms, any Show Participation (including through the Application or via Zoom or any other third-party platform used for a 2WAY show) constitutes Your explicit consent and release as described in the “Special notice regarding participation in 2WAY shows (release and consent)” section above.
The Application offers users the ability to view and share sports and entertainment related videos. This Application seamlessly integrates video streaming, gaming, and social interactivity. It is intended to create an immersive experience where Users can actively engage with friends and peers during live streaming sessions. Users of the Application are expected to utilize these features in adherence to the terms and guidelines set forth in these Terms.
The Application is provided to Users solely based on the stipulations detailed in these Terms. By interacting with the Application, you acknowledge and consent to these stipulations, including those specified in our Privacy Policy and Cookie Policy. Collectively, these documents establish the binding covenant between You and the Us.
2.3. Service not designed for certain regulated data
The Service is not designed to comply with industry-specific regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or other similar regulations. If your use of the Service would be subject to such laws or would require 2WAY to comply with such laws, you may not use the Service. You may not use the Service in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Users affirm that they are at least 14 years old, of sound mind, and have the full legal capacity to enter into these Terms. If you are using the Application/Site in a personal capacity, then you warrant that you are acting on your own behalf. You further affirm, either in their personal capacity or on behalf of a legal entity has the authority to enter into these Terms and that this will not violate any other agreements to which they may be a party and are not under any asset related freezing order or any other interdiction or restriction of any kind under applicable law entering into transactions.
Accounts can only be used by the person or entity under whose name they are registered. 2WAY may suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under and does not take legal responsibility for these Accounts.
The User further represents that they have not been previously suspended from any service provided by 2WAY. Failure to meet these eligibility requirements will result in the Users Account being frozen or canceled and the possibility of legal claims being filed against the User.
If you are under 18 years of age but are at least 14 years old (a “Minor”), that you are using the Service with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Service and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Service if the Minor breaches any of these Terms. If you are not at least 14 years old, you may not use the Service at any time or in any manner or submit any information to the Service.
Parents should consider using commercially available parental control protections (such as computer hardware, software, or filtering services) to assist them in limiting access to material that is harmful to minors. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. If you are interested in learning more about these protections, information is available at Apple’s Screen Time, Google’s Family Link, and Microsoft’s Family Safety or other analogous websites or programs providing information on such protections.
We withhold the right to make additional requirements for those Users who are under 18, including but not limited to those requirements needed to satisfy our obligations to the United States’ Children’s Online Privacy Protection Act (COPPA). Additional details can be found in our Privacy Policy.
If you access the Service on behalf of a company or organization, you hereby affirm that you possess the necessary authority to act on its behalf. Such an entity agrees to be bound by these Terms. Specific services tailored for companies and organizations will be provided based on additional agreements established individually. If you are using the Application as a legal entity, you warrant that this legal entity is duly incorporated and in good standing under the applicable laws of the jurisdiction of its incorporation and the representative of such registered legal entity is duly authorized by the former to act on its behalf.
Content featured within the Service originates, and is contributed and distributed by our Users. The individual or entity supplying the Content is responsible for its nature and integrity. Our role, as the 2WAY, is solely to provide hosting services for such Content. Should you encounter any Content that seems to violate these Terms, we welcome you to bring it to our attention.
To access and utilize the Service’s features and functions, Users must establish an Account. During the registration process, users might be prompted to furnish personal details such as telephone number or email address. Your privacy is of utmost importance to us. All information, including detailed information on how we manage and safeguard your data, can be found at the Privacy policy and additionally the Cookie policy, the terms of which are hereby incorporated into these Terms.
You agree that all information they provide to 2WAY is accurate and authentic. Further, that the information is truthful, complete and updated in a timely manner should any changes occur including the contact email address. 2WAY may contact the user asking for additional information related to the information provided for their account or may terminate the user account at any time for any reason.
It is imperative to safeguard the confidentiality of your Account password and avoid using it on external or Third-Party Platforms.
While using the Application, you must adhere to specific guidelines. You’re permitted to use the Service and Content as outlined by the Application, with prior consent from 2WAY, or as required by law. However, any attempt to bypass security features, exploit Content, or use automated tools without authorization is prohibited. Collecting personal data without consent, spamming, manipulating engagement metrics, or misusing reporting tools is not allowed.
The User will use the Application in accordance with the Terms, without taking acts of unfair competition nor attempting to intervene with the normal operation of 2WAY. Examples of such malicious acts include, but are not limited to: using a device, software, or subroutine to interfere with the Application; overloading network equipment with unreasonable data loading requests.
The Service and all Content provided by 2WAY (including the look and feel, designs, trademarks, logos, and software) are owned by or licensed to 2WAY and are protected by intellectual property laws. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service.
Subject to your compliance with these Terms, 2WAY grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use (unless 2WAY agrees otherwise in writing).
You are responsible for your User Content and for your conduct on the Service. You represent that you have all rights necessary to submit your User Content and to grant the rights described in these Terms.
Other than the specific show-related release and license described above for Show Participation, you grant 2WAY a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, distribute, publicly display, and publicly perform your User Content solely for the purposes of operating, improving, and providing the Service.
2WAY may (but is not obligated to) review, remove, restrict, or disable access to User Content or accounts at any time if 2WAY believes it violates these Terms, applicable law, or may harm 2WAY or others.
The Service may integrate with or link to Third-Party Platforms (including Zoom). 2WAY does not control Third-Party Platforms and is not responsible for their content, policies, or practices. Your use of Third-Party Platforms is governed by their terms.
2WAY may suspend or terminate your access to the Service at any time, with or without notice, if 2WAY reasonably believes you have violated these Terms or if 2WAY decides to discontinue the Service. You may stop using the Service at any time.
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.
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.
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.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. You agree that any dispute arising out of or relating 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 personal jurisdiction and venue there.
2WAY may update these Terms from time to time. If we make material changes, we will provide notice as required by law. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the updated Terms.
Questions about these Terms can be sent to 2WAY at the contact information posted on the Site (or any other contact method 2WAY provides from time to time).
