Barstool Sports, Inc. (“TwoYay” or “we”, “our” or “us”) operates the TwoYay platform, which includes the TwoYay website and mobile app, and all related social media pages (the foregoing, and all content, features, and materials thereon, will hereinafter be collectively referred to as the “Platform”). The Platform is designed to help advertisers and brands (collectively, “Advertisers”) find creators, influencers, athletes and celebrities (collectively, “Creators”) who are interested in executing campaigns for the Advertisers' products and/or services (“Campaigns”).
In order to utilize certain features of the Platform, you may be notified that you are required to agree to additional terms and conditions. Such additional terms are hereby incorporated into this Agreement by this reference but such additional terms will control solely for the applicable service.
We may modify this Agreement from time to time and such modification will be effective upon posting on the Platform. You will be deemed to have agreed to any such modifications by your further use of the Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Platform immediately.
Your Account / Password Security / Suspension, Termination
You may never use another's Account without permission or permit another to use your Account. You may not create more than one Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
You are responsible for (a) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (b) restricting access to your computer or mobile device. You agree to accept full responsibility for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.
Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Platform. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Platform if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
When establishing an Account, each Creator will set forth details regarding the services they are willing to perform on behalf of TwoYay for Advertisers along with information about their rates. This information may be made available to Advertisers who establish Accounts. When an Advertiser is interested in launching a Campaign, the Platform will give the Advertiser the ability to engage TwoYay to provide the services of the Creator(s) with whom they would like to execute a Campaign. The Platform will allow the Advertiser to provide an offer (a “Proposal”) containing details about the Campaign (e.g., platform, type/deliverables, rate(s) offered). Thereafter, the Advertiser and Creator may engage in direct discussions on the Platform about the Proposal (including rate negotiation(s), Campaign deliverables, etc.). Creators may also initiate direct discussions with Advertisers to solicit Proposals for potential Campaigns. The Advertiser may update its Proposal at any time prior to acceptance by the Creator (e.g., to increase the rate(s) or modify the deliverables, based upon Advertiser's conversations on the Platform with the Creator). Once a Proposal is made, the Creator will then have the ability to accept (or decline) the Proposal in their discretion.
The acceptance of a Campaign by a Creator creates two agreements: one between the Advertiser and TwoYay (pursuant to which TwoYay will provide the services of the Creator requested in the Proposal) and one between the Creator and TwoYay (pursuant to which the Creator agrees to provide such services to Advertiser on behalf of TwoYay); therefore, once accepted, the Creator will be obligated to fulfill the obligations of that Campaign, the Advertiser will be obliged to pay TwoYay for such fulfilled obligations, and TwoYay will be obligated to pay the Creator for such fulfilled obligations. If you are a Creator, you must only accept Proposals for Campaigns you know you will be able to fulfill (as a reminder, Creators are not under any obligation to accept any Proposals).
A Proposal may be withdrawn by the Advertiser at any time prior to the Creator's acceptance of the Proposal. Once a Proposal is accepted by the Creator, the Proposal cannot be withdrawn and the Campaign cannot be cancelled by either the Advertiser or Creator unless mutually agreed by all parties.
Payment For Campaigns
When a Creator accepts a Proposal, the Advertiser will make a payment to TwoYay through the Platform in the amount set forth in the accepted Proposal (the “Creator Fee”) plus TwoYay Fees (if any) and any applicable taxes (collectively, “Fees”) for TwoYay's fulfillment of the specified Creator obligations under the Proposal for the Campaign (the “Campaign Obligations”).
Advertiser and Creator hereby agree that TwoYay is permitted to satisfy the Creator Fee in any manner it sees fit and TwoYay's sole duty to Advertiser and Creator with respect to the Creator Fee is pay to Creator the Creator Fee or refund the Creator Fee to Advertiser (less any applicable TwoYay Fees), pursuant to the processes set forth herein. For purposes of clarity, Advertiser and Creator understand and acknowledge that TwoYay in no way acts as a trustee, agent, fiduciary or any position of trust, confidence, or reliance to any party or third party as it relates to the Creator Fees.
If you are an Advertiser, you acknowledge that if you do not respond to a request to confirm or deny the completion of a Creator's Campaign Obligations within the two (2) business day period described above, or if you confirm the Campaign Obligations have been fulfilled, all Fees will thereafter be non-refundable, and TwoYay will be deemed to have fully satisfied any and all obligations TwoYay may have with respect to the Proposal, Campaign, and/or Fees.
Creators who do not fulfill their Campaign Obligations may have their Accounts suspended or terminated.
All transactions are in U.S. dollars (“USD”).
If you have a question about a purchase made or a charge to your payment card, please contact us at firstname.lastname@example.org. We have the sole discretion to determine how billing disputes between you and us will be resolved.
Disputes Over Whether Campaign Obligations Were Completed
The Platform helps facilitate transactions between Advertisers and Creators. You acknowledge and agree that TwoYay is not a broker, manager or agent, or insurer with respect to any transactions that may occur via the Platform. If you are an Advertiser, you also acknowledge and agree that TwoYay will use good faith efforts to cause Creators to fulfill their Campaign Obligations but TwoYay makes no representations with respect to any such transaction, including any issues relating to pricing, the content comprising any Creator Post or Posted Content, quality, or completion, and you waive any claims against TwoYay with respect thereto, except only that Creators are bound by the terms and conditions of this Agreement (including, but not limited to, the sections entitled Content, Creator Posts, and Content). . Accordingly, without limiting the generality of the foregoing, we make no representations regarding the accuracy, completeness, timeliness, reliability or availability of, any of the content or information uploaded, displayed, or distributed on the Platform, or products or services made available thereon. If you are a Creator and you choose to agree to an Advertiser's Proposal, or you are an Advertiser and choose to make a Proposal, any and all transactions via the Platform are at your own risk. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the products, services or information, opinion or advice ordered or received from Creators are solely between the Advertiser and such Creator. We do not endorse, sponsor, or recommend any Creator on the Platform. Without limiting the foregoing, we make no representations or warranties regarding the services of any Creator on the Platform, including with respect to the quality of their services, the reasonableness of their rates, or that they will complete their Campaign Obligations (except only, as noted above, that Creators are bound by the terms and conditions of this Agreement). Advertisers are solely responsible for determining the suitability of any Creator they may find through the Platform.
TwoYay will have the right to collect those fees outlined on the Platform and/or set forth within your Account. These fees may include a subscription fee for providing access to certain features of the Platform, payment processing fees (e.g., credit card processing), and/or a Campaign fee based upon amounts paid per Campaign. However, if you are a Creator who is a student-athlete, TwoYay will never charge you any fees.
If you are a Creator, you are providing your services to Advertisers on behalf of TwoYay as an independent contractor of TwoYay. You agree that nothing in this Agreement will create an employer-employee relationship between you and TwoYay. You further agree that you are solely responsible for the accuracy of all information you provide in your Account. You represent and warrant that your offering of services through the Platform will be in compliance with all applicable laws, rules and regulations and will not breach any existing agreements you may have with third parties. You are solely responsible for paying any and all applicable taxes arising from Campaigns.
By establishing an Account, either as an Advertiser or Creator, you hereby agree not to circumvent the booking process facilitated by the Platform or to otherwise seek to establish a contractual relationship with a party introduced to you through the Platform, unless you can demonstrate with a pre-existing writing that you had a pre-existing relationship with that party prior to establishing an Account. In furtherance of the foregoing, as a material condition to your participation on the Platform, you agree that all bookings with a party introduced to you through the Platform will be performed through the Platform.
Not an Endorsement
Nothing on the Platform is intended to be deemed an endorsement by TwoYay of any Creator or Advertiser.
With the exception of content posted to the Platform by Creators or Advertisers (“Posted Content”) and Your Content (defined below), all materials contained on the Platform, including all content, and the software, graphics, text and look and feel of the Platform, and all intellectual property, including trademarks, logos and service marks (“Marks”), copyrights, patents and other intellectual property rights related thereto (collectively, the “Proprietary Materials”), are owned or controlled by TwoYay, and/or our subsidiaries or affiliated companies. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other relevant policies related to the Platform, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Platform and Proprietary Materials for your own purposes consistent with the intended purpose of the Platform. You are not permitted to use the Marks without our prior written consent, and you agree not to use the Platform for any purpose other than as described herein.
For clarity, all Creator Posts will be owned by the applicable Creator (as described in more detail below).
By submitting content or materials (“Your Content”) to us through the Platform including, without limitation, by uploading any materials (including images or video content) (e.g., Posted Content), linking your social media profiles to your Account (with respect to publicly available data, content, and materials on those profiles, such as your follower count and profile handle), choosing a username, submitting your brand, or participation in any communication functionality, you automatically grant us or warrant that the owner of such content has expressly granted us, the royalty-free, irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate, prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret, copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide, in connection with the Platform. The above licenses granted by you in Your Content are perpetual and will only terminate if you've requested the removal or deletion of Your Content from the Platform (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content). You understand and agree, however, that we may retain, but not display, distribute, or perform, server / internal copies of Your Content and other Account information that has been removed or deleted.
If you are a Creator, you further grant TwoYay and the TwoYay Parties, for so long as you hold an active Account on the Platform, the right and license to use your name, image, and likeness (in the forms submitted by you to the Platform or that are otherwise publicly available through your social media accounts) in order to promote your involvement on the Platform to Advertisers and potential Advertisers. If you are an Advertiser, you further grant TwoYay and the TwoYay Parties, for so long as you hold an active Account on the Platform, the right and license to use your brands, trademarks and logos in order to promote your involvement on the Platform to Creators and potential Creators, provided that you may opt-out of off-Platform promotional uses by contacting us at email@example.com.
Subject to the above grants, you retain any and all rights which may exist in Your Content.
Unless otherwise specifically agreed in writing between a Creator and an Advertiser prior to a Campaign, each Advertiser hereby agrees that Creators will retain all rights in and to any content they post to their social media accounts in connection with a Campaign (“Creator Posts”), subject to a license by the Creator to Advertiser to use any Creator Posts to support the Campaign, including liking, sharing or commenting on such Creator Posts on Advertiser's social media channels or reposting such Creator Posts on Advertiser's website, unless otherwise mutually agreed by the Advertiser and Creator pursuant to a Proposal.
Without limiting anything in the Conduct section below, each Creator agrees that each Creator Post will not (a) damage the goodwill and/or good reputation of any Advertiser or Advertiser product or service; (b) include any false or misleading statements, including any defamatory statements about any third party products or services that may be competitive with an Advertiser's products or services; (c) include any statement of opinion that you do not truly believe and that is not supported by fact; (d) include promises, representations or predictions that you are not authorized to make; (e) include false statements about your background, motivation or qualifications; or (f) violate Federal Trade Commission's regulations related to advertising and endorsements including, for example: (i) Federal Trade Commission 16 CFR Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising ; (ii) The FTC's Endorsement Guides: What People Are Asking | Federal Trade Commission; and (iii) Disclosures 101 for Social Media Influencers (ftc.gov) , which requires, among other criteria, that material connections between advertisers and endorsers be disclosed (including, where appropriate, through the use of hashtags such as #ad or #sponsored).
Creators who violate this Section may have their Accounts suspended or terminated.
Without limiting Creator's specific obligations with respect to Creator Posts, each user of the Platform, whether a Creator or Advertiser, agrees not to:
create or execute a Campaign that violates the legal rights of any third party, including, but not limited to any rights in intellectual property, including copyrights, trademarks or other proprietary rights (without limiting the generality of the foregoing, by way of example, if you are a student-athlete, do not use your school's logos, mascot, uniforms, or other copyrights or trademarks unless you have written permission from your school to do so for the Campaign);
create or execute a Campaign that violates the privacy rights of any person;
impersonate any other person or create a false identity;
create or accept any Campaign under false pretenses or with information that is inaccurate, untrue, misleading or incomplete in any way;
use the Platform if you have previously been banned;
defraud or mislead any person or engage in any fraudulent or illegal activity, including phishing, money laundering or fraud;
engage in any transaction or solicitation other than bookings of Campaigns, including sending advertising or commercial communications or any other unsolicited or unauthorized communications;
violate any federal, state, or local law or court order;
send unsolicited or spam messages to any other person;
transmit any virus or other computer instruction that may disrupt, damage, or interfere with uses of computers or other systems;
register for more than one Account or register for an Account on behalf of an individual other than yourself;
stalk, harass, or defame another user;
use the Platform in order to create, or assist in creating, any service directly competitive to the Platform;
circumvent the Platform by engaging a Creator (if you are an Advertiser) or soliciting an Advertiser for your promotional services (if you are a Creator) Service, in order to consummate a transaction that otherwise would not have occurred but for the parties' participation on the Platform;
use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, spyware, algorithm or methodology to access, acquire, copy or monitor the Platform without our express prior written permission;
disrupt the accessibility or network of the Platform; or
advocate, encourage or assist any third party in doing any of the foregoing.
You represent and warrant that neither your actions on the Platform nor Your Content will violate any of the prohibited conduct described above. Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account.
If you believe that any content, such as Posted Content or other materials, posted on the Platform constitute an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers and Limitation of Liability
THE PLATFORM AND ALL SERVICES OFFERED HEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED THEREON; (II) THAT USE OF THE PLATFORM WILL BE 100% SECURE, UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE, PROVIDED THROUGH THE PLATFORM; OR (IV) THAT THE SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF TWOYAY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TWOYAY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTIONS OF ITS USERS OR THE CONTENTS OF ANY USER CONTENT.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL TWOYAY BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TWOYAY (IF YOU ARE AN ADVERTISER) OR RECEIVED FROM TWOYAY (IF YOU ARE A CREATOR) IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM AND NO AMOUNTS HAVE BEEN PAID OR RECEIVED (AS APPLICABLE) IN THAT PERIOD, YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY WILL BE TO CEASE USING THE PLATFORM AND TERMINATE YOUR ACCOUNT.
YOU EXPRESSLY WAIVE, DISCLAIM AND ABANDON ANY RIGHTS YOU MAY HAVE AGAINST TWOYAY FOR ANY ACTS OR OMISSION RELATING TO ANY DISPUTE THAT MAY ARISE BETWEEN CREATORS AND ADVERTISERS, INCLUDING RELATING TO WHETHER ANY CAMPAIGN OBLIGATIONS WERE COMPLETED AND YOU AGREE TO INDEMNIFY, PROTECT AND HOLD TWOYAY AND THE TWOYAY PARTIES FOR ANY LOSSES INCURRED RELATING TO THE SAME.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
No Representations Regarding Income Potential
TwoYay makes no representations and warranties regarding potential income that may result from a Creator's activities on the Platform and specifically disclaims any and all warranties relative to earning potential from the Creator's participation in the Platform or any Campaign. TwoYay also does not make any representations or warranties with respect to the potential for success of any Campaign or the reasonableness of any Creator Fees requested by a particular Creator and specifically disclaims any and all warranties relative to the reach or success of any Campaign.
You are subject to all laws of the state(s) and countries in which you reside and from which you access the Platform and are solely responsible for obeying those laws. You agree we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any Platform or any Campaigns offered through the Platform nor will any person affiliated, or claiming affiliation with the Platform have authority to make any such representations or warranties.
Applicable Law; Jurisdiction
The Platform are created and controlled by us in the State of New York. As such, the laws of the State of New York will exclusively govern this Agreement to the exclusion of all other laws, without giving effect to any provisions of New York law that direct the choice of another state's laws.
Subject to the Binding Arbitration section below, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.
Any controversy or claim arising out of or relating to this Agreement or any related agreement, their enforcement or interpretation, or because of an alleged breach, default or misrepresentation in connection with any of their provisions, will be determined by binding arbitration. The arbitration proceedings will be held and conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), as modified by this Agreement. Such arbitration will occur exclusively in New York, New York, and be initiated by any party in accordance with the JAMS Rules. The demand for arbitration will be made by any party hereto within a reasonable time after the claim, dispute or other matter in question has arisen, and in any event will not be made after the date when institution of legal proceeding, based on such claim, dispute or other matter in question, would be barred by the applicable statute of limitations. Discovery issues will be decided by the arbitrator. Post-hearing briefs will be permitted. The arbitrator will render a decision within twenty (20) days after the conclusion of the hearing(s). In reaching a decision, the arbitrator will have no authority to change, extend, modify or suspend any of the terms of this Agreement, or to grant an award or remedy any greater than that which would be available from a court under the statutory or common law theory asserted. The arbitrator will issue a written opinion that includes the factual and legal basis for any decision and award. The arbitrator will apply exclusively the substantive law (and the law of remedies, if applicable) of New York or federal law, or any of them, as applicable to the claim(s) asserted. Judgment on the award may be entered in any court of competent jurisdiction. The parties may seek, from a court of competent jurisdiction, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. However, the merits of any action that involves such provisional remedies or injunctive relief, including, without limitation, the terms of any permanent injunction, will be determined by arbitration under this paragraph. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will allocate all costs and expenses of the arbitration (including legal and accounting fees and expenses of the respective parties) to the parties in the proportions that reflect their relative success on the merits (including the successful assertion of any defenses).
You agree to pursue any arbitration in an individual capacity and not as class representative or class member in any purported class action proceeding.
BY AGREEING TO ARBITRATE DISPUTES, THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT THEY ARE IRREVOCABLY WAIVING ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREBY.
You agree to indemnify and hold TwoYay, its parents, subsidiaries, and affiliates, and the respective officers, agents, partners and employees of each (collectively, “TwoYay Parties”) harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of this Agreement and/or any of your representations, warranties, covenants and/or agreements set forth herein; (2) our distribution, exploitation or other use of Your Content; (3) any decision or lack thereof relating to a dispute relating to whether Campaign Obligations were satisfied; (4) your failure to complete your Campaign Obligations if you are a creator or your failure to acknowledge that a creator properly satisfied their Campaign Obligations; and (5) any issues relating to your making or receiving the Campaign Fee set forth in the applicable Campaign.
Severability / No Waivers
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement will be held invalid or unenforceable in whole or in part in any jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.
When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Platform. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
Subject to the other provisions of this Agreement, we will attempt to help you with any queries or problems that you may have with the Platform or any of your purchases through the Platform. To reach our customer support team, please e-mail us at email@example.com. It will expedite your request for assistance by providing our representatives with all the information they need to solve your problem as quickly as possible.
Any agreement established between an Advertiser and TwoYay and/or between TwoYay and a Creator is a non-exclusive independent contractor agreement and does not create an employment relationship between (a) Advertiser and Creator, (b) Advertiser and TwoYay or (c) TwoYay and Creator. Creators are free to work (as an employee, agent, independent contractor or owner) for any other company or individual. A Creator's establishment of an Account does not restrict your ability to market for any other company, including a competitor of any Advertiser or the Platform, so long as you observe the terms of this Agreement, including the non-disclosure and non-solicitation provisions. Each Creator acknowledges that: (i) TwoYay and each Advertiser may work with other Creators; (ii) TwoYay will in no way be performing services as a manager or agent for you; and (iii) TwoYay is not required to (and will not attempt to) obtain, seek or procure any engagements or employment for you.
Third Party Marketplaces
This Agreement is between you and TwoYay only, not with Apple, Facebook, Instagram, Google or any other third party through which you may have accessed the Platform (“Marketplaces”). The Marketplaces are not responsible for the Platform. The Marketplaces have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. To the maximum extent permitted by applicable law, the Marketplaces have no other warranty obligation whatsoever with respect to the Platform. The Marketplaces are not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation or (iv) claims that the Platform or any content thereon infringes upon a third party's intellectual property rights.
We reserve the right to make changes to the Platform, posted policies and this Agreement at any time without notice other than the reposting of the modified Agreement so check back frequently.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.