These Terms of Use ("Terms") are a contract between you ("You" or "User") and 2WAY Interactive, Inc., with its principal offices located at 94 9th Street, Unit 1-200, Brooklyn, NY 11215, United States (“2WAY”, “We” or “Us”) and applies to your use of 2WAY, the 2WAY platform, 2WAY mobile applications and any products, services, or content found on the proceeding.
Use of 2WAY amounts to acceptance of these policies and all users must read, agree with, and accept all of the terms. These Terms also contain the details of a limited use license which pertains to your use of 2WAY.
When You access 2WAY via its Site or download the Application from either the Apple AppStore or Google Play Store You affirm your commitment to be bound by all terms and conditions within these Terms and express your acceptance of the same. 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 explicitly conferred upon you within these Terms remain solely with the 2WAY.
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.
The Application is not tailored to comply with industry-specific regulations including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA) or other similar regulations.If your interactions would be subjected to such laws, you may not use this Application. You may not use the Application 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 the 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,e 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.
Users shall refrain from: (i) Engaging in actions or behaviors contravening local or international laws, or widely accepted ethical norms; (ii) Promoting or disseminating content of an obscene, pornographic, derogatory, racist nature, or actions that breach standards of decency and morality; (iii) Endangering or threatening an individual's life or physical safety; (iv) Infringing upon or violating intellectual property rights of another party; (v) Violating the property or moral rights of others; (vi) Involving in unsolicited advertising, such as junk mail, spam, chain letters, or pyramid schemes without the 2WAY's express consent; (vii) Introducing or disseminating malicious software that could disrupt, damage, or compromise computer systems or data; (viii) can not be in violation of public interests, public ethics or other’s legitimate interests
If the User violates the foregoing promises and thereby causes any legal consequence, they shall independently undertake all of the legal liabilities in their own name and indemnify 2WAY from all actions, claims, or costs arising from such violation.
In addition to abiding by the Terms found here, you acknowledge and declare that you are not on any U.S. Sanctions List, any U.S. Government list of banned or restricted individuals, and affirm that you are not situated in a country subject to a U.S. Government embargo or identified by the U.S. Government as supporting terrorism.
You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the Application on devices, whether Apple-branded or those supported by Android, that are owned or controlled by you, in compliance with the respective Rules and Terms of Service set by the App Store and Google Play.
Any updates to the Application provided by the 2WAY are covered under the existing license unless specified otherwise through a separate, new license.
Sharing the Application with third parties, beyond what's permitted by the terms set by the App Store and Google Play and without prior written consent from the 2WAY, is prohibited. Moreover, activities like selling, renting, reverse engineering, translating, or disassembling the Application, or attempting to extract its source code without the 2WAY's prior written approval, are strictly forbidden.
Any violation of the above obligations, or attempts thereof, could result in legal action and potential damages.
The 2WAY retains the right to modify licensing terms and conditions.
The parties acknowledge that neither Apple nor Google is a party to these Terms. Neither Apple nor Google are obligated or bound by any provisions, responsibilities, or commitments related to the Application, including but not limited to warranty, liability, maintenance, or support.
2WAY and any affiliated companies are the sole owners of the 2WAY Site / Application and any services, which includes any software, domains, and content, graphics, logos, icons and service names. These are protected by; United States and international copyright and other intellectual property laws, including those applicable to unregistered trademarks or trade dress without limitation. Users are not permitted to sell, export, license, modify, copy, translate, extract the source code, make derivative versions, distribute or transmit the 2WAY Site or Application in whole or part or any material provided through the Site / Application without prior express written consent.
All other trademarks not owned by 2WAY that appear in connection with the Site are the property of their respective owners, who may or may not be affiliated with, connected to 2WAY.
The Application offers the opportunity to purchase virtual items such as interaction tokens (“Coins”) for playful engagements, stickers, avatars (collectively referred to as “Goods”), and other functionalities. While some of these Goods may be offered for purchase, there are instances where the Application may provide certain Goods free of charge. Detailed descriptions and specifications of these Goods and Services can be found within the Application.
To obtain Goods, Users must purchase Coins. The specific coin quantity needed for individual Goods, can be viewed within the Application.
Not a Security. None of the Coins (tokens) or Goods shall be deemed to be a security within the meaning of the Securities Act of 1933 or the Securities Exchange Act of 1934. The Services, Goods, and Coins do not constitute a solicitation or offer to buy or sell securities or to furnish any investment advice or service. These are not intended for distribution to, or use by, any individual or entity in any jurisdiction where their distribution or use would be contrary to local laws or regulations.
The pricing for Services and Goods is set by 2WAY and can be reviewed in the Application. From time to time, 2WAY may offer promotions or sales, providing certain Goods or Services at discounted rates. The price charged will be the one displayed during the checkout process.
Users may utilize a range of payment methods, such as App Store In-App Purchase, Apple Pay, Google Pay, PayPal, among other third-party options (“Payment Processors”). These Payment Processors manage all aspects of the payment transaction. Payment details are securely processed and retained on the servers of the Payment Processors. The 2WAY never accesses or retains any User's payment data.
All sales are final. Goods or Tokens cannot be returned to 2WAY unless explicitly provided in these Terms or with 2WAY's written consent
In certain cases, in the event of a User's Account termination for any reason, any pre-purchased Services may remain accessible until the Account is deactivated. The decision to maintain access to the User’s pre-purchased Services is entirely at the discretion of 2WAY. Users may be eligible for refunds corresponding to the unused Coins that have not been utilized. To qualify for such a refund, Users must submit their request within 30 calendar days following the deactivation and must be in compliance with all requirements of these Terms. The decision to refund these Coins is entirely at the sole discretion of the Licensor.
Users have the responsibility to understand and follow all relevant legal and regulatory frameworks applicable to in their local jurisdiction(s) and represent and warrant that your use of the Site / Application and all related services is conducted in a way which is permissible in your local jurisdiction(s). Users represent that they remain current to the changing legal and regulatory landscape for the regulation and categorisation of products, such as these Services, including products in some jurisdictions where the User may be subject to certain relevant laws. This also includes all aspects of any scheme of taxation applicable to you and your use of the Site / Application including any duty in respect of withholding, collection, reporting and remittance to appropriate tax authorities. You represent that you only engage in the use of the Site / Application site in ways which are permitted in your jurisdiction.
Viewer Users: These users primarily engage with streams or events and can participate in various interactions, including chats, forums, use of Goods, and any other interactive features the Application might introduce in the future.
Creator Users: Upon approval by the 2WAY, these users have the privilege to generate, create, submit, post, display, transmit, perform, distribute, or broadcast Content within the Application. This Content can encompass text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "User Content").
User Content, especially from Creator Users, may be accessible by all Application Users, and could also be available on Third-Party Platforms. When Creator Users share User Content, they concur with the following stipulations:
When a Creator User uploads or links User Content to the Application, or associates their social networking accounts with the Application, they thereby grant, and affirmatively represent and warrant that they possess the authority to confer, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, global license to us. This license permits us to host, utilize, duplicate, disclose, offer, republish, broadcast, archive, store, cache, display publicly, reformat, translate, transmit, excerpt (wholly or partly), and disseminate such User Content (this includes, but isn't limited to, your image and voice). We also have the right to produce derivative works from, or incorporate into other works, such User Content, and to grant and authorize sub-licenses for these purposes. Such utilization and distribution can transpire across any media formats and through any media channels.
Pursuant to the aforementioned provision, this license extends to any medium, method, or technology, whether currently known or developed in the future. This encompasses our rights to use your name, if applicable, your company and franchise names, along with any trademarks, service marks, trade names, logos, and both personal and commercial images you supply. You relinquish all moral rights associated with your User Content, and you affirm that no moral rights have been claimed regarding your User Content.
We do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. We are not liable for any statements or representations in your User Content provided by you in any area in the Application. You are solely responsible for your User Content to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. We do not guarantee the preservation or storage of your Content on the Application.
In certain instances, Creator Users may derive revenue from their User Content (“Revenue Sharing”). When other Users employ purchased Coins to access specific sports events linked to a Creator User's Content, a portion of those tokens will be allocated to the corresponding Creator User. The allocation is based on a predetermined formula, which will be applied to convert these Coins to real monetary value. This serves as a revenue mechanism for Creator Users, allowing them to monetize their contributions to the Application. Specific details about the conversion rate and the formula will be made available to Creator Users upon their entry into the program (“Creators Program”).
Within the Application, Creator Users have the privilege to institute a "Season Pass" subscription for their User Content. By acquiring a Season Pass, Users receive comprehensive access to the specified content by the Creator User, encompassing, but not limited to, live broadcasts and replays, over a predefined period. The Creator User holds the discretion to activate the subscription and dictate the Coin value required for the acquisition of the Season Pass. As stated in 5.6, Creator Users have the right to convert certain quantities of Coins to money. This conversion and the ensuing withdrawal procedures must conform to the criteria and regulations of the Creators Program.
2WAY reserves the right to terminate the Revenue Sharing or change the Revenue Sharing at anytime, including, but not limited to, (a) changes to the number, scope, organization, objectives and content of the formula or conversation rate, (b) additions, deletions or other modifications to the requirements for User Content, (c) addition of new features or usage limits, (d) or any other change or modification at the 2WAY’s sole discretion. These changes can take place at any time without notice unless otherwise prohibited by applicable law.
You have the freedom to discontinue the use of the Application anytime. If desired, you can also delete the Application, which entails closing your Account and erasing your data.
2WAY may have a statutory requirement to maintain certain User data to fulfill its business or legal obligations.
The 2WAY reserves the right to suspend, terminate, or restrict your access to the Service and the Application at any time, potentially without prior notice, for reasons including but not limited to:
Should we take action to suspend or terminate your Account, we will endeavor to provide the reasons for our decision when feasible. However, there are situations where disclosing such reasons may breach legal obligations, jeopardize ongoing inquiries, compromise the platform's security, or pose risks to other Users, third parties, or our partners.
In the event of termination, while your Account and associated Content might be deleted, certain Content might remain accessible on the Application. You hereby acknowledge and agree that we are not liable for any actions taken regarding the suspension, restriction, or termination of your Account, the removal of Content, or denial of access to the Application and Services.
In the event of Account termination or access limitation, you will not be able to engage with certain Application features. If you're convinced that any action against your Account was unjustified, an appeal form is available for redressal.
As outlined in the Privacy Policy, we will keep your personal information while you have an Account with us or while we are providing Services to you or while we are in a contractual relationship with you. Thereafter, we will keep your personal information for as long as is necessary: to respond to any questions, complaints or claims made by you or on your behalf; to show that we treated you fairly; to keep records required by law, regulations and regulatory authorities. We will not retain your personal information for longer than necessary. When it is no longer necessary to retain your personal information, we will delete or anonymize it.
If we have reasonable grounds to consider that any of your Content (1) violates these Terms or (2) could potentially harm the Application, its Users, or third parties, we hold the right to modify or entirely remove such Content. We will inform you about the rationale behind our actions unless we believe that such communication (a) would be unlawful or could result in legal liability for us or our Affiliates; (b) might jeopardize an investigation or the Application's functionality; or (c) could be detrimental to any User, third party, the Application, or our Affiliates.
2WAY's responsibility in the case of violation of obligations and tort shall be limited to fraud and gross negligence. The limitation mentioned above does not apply to injuries to life, limb, or health. This does not limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
For individual users within the EEA, we are responsible for addressing any discrepancies you identify within two years for single-use digital services or at any time for continuous services. This statutory warranty operates independently of any additional warranties we may provide. To exercise your rights under this warranty, please reach out to us.
Beyond what's explicitly stated in thеse Terms or mandated by law, we make no added assurances about our Service, including its Content, features, reliability, or any User Content.
For all Users - these Terms do not aim to sidestep or restrict liabilities for: death or personal injury; fraud; intentional misinformation; or other non-excludable legal liabilities. Unless compelled by law, we and our affiliates aren't liable for: (i) losses not directly resulting from our breach; (ii) damages not deemed foreseeable when these Terms were accepted; (iii) User Content or any user's defamatory, offensive, or illegal actions. For Business Users: If you're using our Service for professional purposes, within legal bounds: (i) we aren’t responsible for lost profits, revenue or income, loss of use or production, any loss of business, opportunities, or contracts, or any loss or corruption of any data, database or software, damages caused by failure to obtain or maintain any required licenses, and in respect of any special, punitive, indirect or consequential loss or damage. (ii) Our total liability for claims related to our service is capped at the revenue paid to you from our Service in the past year.
Our service might feature links to Third-Party Platforms not under our control. We are not responsible for these external websites or services. Ensure you review their terms and privacy policies when navigating away from our Application.
If the User grants permission to a third party application to connect to their Account, you acknowledge that this does not relieve you of any responsibilities under these Terms. Additionally, the User acknowledges and agrees to not hold 2WAY responsible for and will indemnify 2WAY from any liability stemming from any third party application.
This Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law is governed by the laws of the State of New York.
Any claim by the user arising out of or related to the 2WAY must be filed within one year after such claim arose or will be permanently barred.
Any offer of resolution made to the User will only become binding on the 2WAY if accepted by the User. An offer of resolution will not constitute any admission by the 2WAY of any wrongdoing or liability regarding the subject matter of the complaint. 2WAY reserves the right to resolve disputes at its own time and disclosure. Such disputes may refer to infringement of others’ rights, violation of laws and regulations, and others not explicitly mentioned in these Terms. The User agrees to bear the costs arising from the process of any dispute resolutions. Users who wish to file a complaint must do so by submitting the relevant complaint form to the email address info@2WAY.tv, accompanied by any relevant information.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms brought by you, agree to first attempt to negotiate any dispute informally for at least three (3) months before initiating legal action. Such informal negotiations commence upon written notice provided to the contact found in these Terms.
2WAY maintains the right to: (i) gather, examine and utilize statistical and marketing information related to the user's interest in 2WAY's Service content, as well as its accessibility and usage - excluding any Personal Data or capability to identify Users individually or collectively; (ii) modify the functionality, design and other features along with any other information on the Application to improve and optimize the Services. By agreeing to these Terms, the User acknowledges that the 2WAY may monitor their activity and Content consumption.
These Terms do not constitute or imply any association, joint venture, partnership, or franchise between 2WAY and a User.
These Terms are the entire agreement between the parties regarding the use of the Services, superseding all previous oral or written agreements, if any. Regular practices or methods of dealing between the parties will not modify, interpret, supplement, or alter these Terms.
2WAY retains the right to unilaterally amend these Terms at any given time. If you disagree with any modifications, your only recourse is to stop using the Services and close your Account. Unless otherwise explicitly stated in these Terms, 2WAY will not be liable for any modification or termination of the Services by you or any third party, or suspension or termination of your access to the Services.
2WAY will not be held accountable for any delay or failure to meet obligations under these Terms due to circumstances beyond 2WAY's reasonable control.
If any of these Terms is deemed invalid or unenforceable, it will not affect the validity or enforceability of the remaining Terms, which will continue in full force. The invalid or unenforceable term will be implemented to the maximum extent possible.
You cannot delegate or transfer any of your rights or obligations under these Terms, including any rights or obligations related to the enforcement of laws or change of control, without 2WAY's prior written consent. 2WAY can delegate or transfer its rights or obligations under these Terms, in part or in entirety, without your consent or notification.
One party's failure to demand performance of any term will not invalidate that party’s right to require performance at any time thereafter. Furthermore, a party's waiver to seek redress for the other party's violation of these Terms will not constitute a waiver of any future breaches or violations.
Links to Third-party Platforms from the Services do not constitute 2WAY's endorsement of any product, service, information, or disclaimer presented therein. 2WAY bears no responsibility for any inaccuracies in the information on these Third-party Platforms. 2WAY will not be liable for any loss or damage resulting from the use of such Third-party Platforms. Moreover, as 2WAY has no control over Third-party Platforms' terms of use or other policies, which may differ significantly from 2WAY's policies, you are encouraged to review these third-party policies meticulously.
For further information about 2WAY, you may refer to the company information on the 2WAY App. If you have any queries regarding these Terms, please contact 2WAY's Customer Support team at:
2WAY
94 9th Street
Unit 1-200
Brooklyn, NY 11215
United States
info@2WAY.tv