You will be subscribing to our Platform (defined below) as a Host (defined below), or a Client or a User (defined below). A Host, Client and a User shall be collectively known as a “2wayMe User”. 2wayMe Users hereby agree to accept the Terms of Service (“Terms”) stipulated herein. These Terms form an agreement and you agree to contract with us electronically. Therefore, please read the Terms below carefully before subscribing, accessing or using our Services (defined below).
“2wayMe”, “We”, “Us” means the2wayMe Platform.
2wayMe, Host or Client and a User shall individually be referred to as a “Party” and collectively referred to as “Parties”.
“Host” shall be known as a person who uses this Platform to render a service. The services rendered by a Host can be diverse.
A “Client” shall be known as a person who registers with 2wayMe and subscribes to avail the services offered by a Host.
The 2wayMe Users agree not to use this Platform to feature, engage, publish, promote or deliver any slanderous, sexually explicit or, obscene, unlawful, threatening, promoting or supporting terrorism, depicting self-harm or extreme violence, promoting animal cruelty, defamatory, or any content that violates any party’s intellectual property, trademark or copyright or any other part of the Terms stated herein or stated in the law. (“Prohibited Business”).
The 2wayMe also agrees that you may not use the Platform to develop, publish, feature, deliver or engage in a business that may be considered as a “Restricted Business” by an Integrated Party Service Provider. In such a situation where the Integrated Service Provider has considered that the Platform has been used to conduct a Restricted Business, the 2wayME Users shall be solely liable for any suspension or termination of the Stripe account or any loss or damages arising out of such suspension and termination to an Intergraded Service Provider or to 2wayME.
All information including software, technology, data, logos, marks, trade secrets, patent and patent applications, designs, text, graphics, pictures, video files, other data or copyrightable material related to the Platform are the Intellectual Property of the 2wayME (“Intellectual Property of the 2wayMe”). 2wayMe holds exclusive right for the Intellectual Property of 2wayMe including but not limited to copyrights and the trade mark rights. You will not claim any proprietary or intellectual property right over the Intellectual Property rights of 2wayMe.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless 2wayMe, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Platform, or the software, (2) information you submit or transmit through the Platform or the respective accounts (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties in this Agreement, or (4) your violation of any law or the rights of a third-party.
You Understand and agrees that a breach or violation of the Terms will be deemed a material breach of this Agreement and will cause irreparable injury to 2wayMe, and that it would be difficult to ascertain the amount of monetary damages for such violation. In the event you violate the Terms or the provisions of this Agreement, 2wayMe reserves the right to seek all available remedies at law and in equity in relation to the violation of this Agreement.
The United States law will govern all disputes arising out of or relating to these terms or the Service, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Florida, USA, and you and 2wayMe consent to personal jurisdiction in those courts.
If any article, provision or section of this Agreement is rendered invalid by any court of a competent jurisdiction, or any legislation or an amendment thereto, the invalidity of such article, provision or section shall not affect any of the remaining provisions of this Agreement. In any such case the Parties will negotiate in good faith with a view to agreeing on one or more provisions to be substituted of such invalid, illegal or unenforceable provision as nearly as is practicable in all the circumstances to appropriate balance of the commercial interests of the Parties.
Unless expressly provided in this Agreement, there will be no waiver by any Party of any of the provisions of this Agreement. No failure by either Party hereto to exercise, and no delay by such Party in exercising, any right hereunder shall operate as a waiver thereof. The exercise by either Party hereto of any right hereunder shall not preclude the exercise of any other right, and the remedies provided herein are cumulative and not exclusive of any remedies provided at law or in equity.
2wayMe is not responsible for the offerings and communications that the 2wayMe Users receives from any third parties or outsiders of the Platform. We will not be held liable for such communications and offerings that the 2wayMe Users receive from third parties/outsiders. Your use of any third-party offerings is at your own risk. We do not monitor or make any control or make any representation with regard to any third-party communications or offerings.
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