NewNew Terms
NewNew Terms

NewNew Terms

IMPORTANT NOTICE

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PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN LOS ANGELES, CALIFORNIA (OR THE CITY NEAREST TO OUR PRINCIPAL PLACE OF BUSINESS WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), THAT YOU WAIVE ANY RIGHT TO JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW SECTION 19 BELOW ENTITLED "GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS" FOR COMPLETE DETAILS.

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NewNew Inc. ("NewNew", “we”, “us” or “our”) operates the NewNew platform, a decision-making platform that lets users vote to control the outcome of other people’s lives, content, and other features for users, and any other services necessary to provide the NewNew platform (collectively, the “Site”). You must accept these Terms of Use in order to use the Site. If you do not understand or have questions about these Terms of Use, immediately stop all use of the Site and contact hi@newnew.co.

The below Table of Contents enumerates the sections of our Terms for your convenience.

Table of Contents

1. Acceptance of the Terms of Use

1.1. By signing up for, installing, accessing, and/or using the Site in any manner and/or participating in any Creator Event (as defined below) made available through the Site, you indicate that you have read and understand this Terms of Use Agreement (the "Terms"), which incorporates by reference our Privacy Policy located at Privacy Policy, that you meet the Eligibility requirements provided in the Eligibility section (see below), and that you agree to be bound by these Terms in their entirety. Your continued use of the Site constitutes your agreement to the most current version of the Terms. If at any time you do not agree to the Terms, you must cease your use of the Site.

1.2. These Terms apply to all users of the Site, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

1.3. To provide the Site, we need information about you. Please refer to our Privacy Policy to help you understand what information we collect, how we use that information, and what choices you have regarding your information when you use our Site.

2. Eligibility and User Accounts

2.1. Eligibility. You represent and warrant that you are an individual person at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. Persons under the age of eighteen (18) or the applicable age of majority in their legal state of residence (collectively, "Minors") must obtain the consent of their parent or legal guardian prior to using the Site. By using the Site, you agree (or in the case of a Minor user, the parent or legal guardian of such Minor must agree on the Minor's behalf) that you have read, understood, and agree to be bound by these Terms and by any changes or modifications that we may make hereto as well as all any other documents incorporated by reference.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the right to access the Site is revoked where these Terms or use of the Site is prohibited or to the extent offering or provision of the Site conflicts with any applicable law, rule or regulation. Further, the Site is offered only for your use, and not for the use or benefit of any third party.

We may, in our sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time.

2.2. Registration. We may require you to register for an Account on the Site (an "Account"). You must provide accurate and complete information and keep your Account information updated. If you provide any information that is inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, or otherwise violates our Terms, we may deny you access to Creator Events and/or areas requiring registration, terminate your Account, and/or take such other action as we deem appropriate, at our sole discretion.

2.3. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene, as determined by us in our sole discretion. You agree that you are solely responsible for all activity that occurs on your Account, and for keeping your Account password and login credentials secure. You may never use another person’s user Account or registration information or permit another user to use your Account. You must notify us immediately of any change in your eligibility to use the Site, breach of security, or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, directly by emailing us at legal@newnew.co.

2.4. You may only establish, maintain, use and control one Account on the Site. Each Account on the Site may only be owned, maintained, used, and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts on the Site. In the event NewNew determines that you have opened, maintained, used, or controlled more than one Account, in addition to any other rights that NewNew may have, NewNew reserves the right to suspend or terminate any or all of your accounts.

2.5. Without limiting anything in these Terms, 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 Site at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any features or services on the Site. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Site if we determine, in our sole discretion, that you have violated any of the terms of these Terms, or if your account has been inactive for 12 months or longer.

3. Limited License to Use

3.1. Subject to your compliance with these Terms, NewNew grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Site, and download and install a copy of the Site’s mobile application on a mobile device and to run such copy of the Site solely for your own personal purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Site; (b) distribute, transfer, sublicense, lease, lend, or rent the Site to any third party; (c) reverse engineer, decompile, or disassemble the Site; or (d) make the functionality of the Site available to multiple users through any means. NewNew reserves all rights in and to the Site not expressly granted to you under these Terms.

3.2. The Site is intended for your personal use only and may not be used in connection with any commercial endeavors unless and/or except as otherwise permitted and/or provided by these Terms. Any use of the Site in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames and/or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, is prohibited.

4. NewNew’s Role

4.1 NewNew provides a decision-making platform that lets users vote to control the outcome of other people’s lives. When a creator posts a Creator Event (defined below) on our Site, they’re inviting other people to form a contract with them. Supporters (as defined below) who support a Creator Event are accepting the Creator’s offer, and forming that contract.

4.2. NewNew is not a part of this contract—the contract is a direct legal agreement between Creators and their Supporters (the “Creator Agreement”). Here are the terms that govern the Creator Agreement:

  1. When the term of the Creator Event concludes, the Creator must complete the task that was selected by Supporters pursuant to that Creator Event’s conditions. Once a Creator has done so, they’ve satisfied their obligation to their Supporters.
  2. Throughout the process, Creators owe their Supporters a high standard of effort, honest communication, and a dedication to performing the task. At the same time, Supporters must understand that they’re not buying something when they participate in a Creator Event—they are providing input as to what the Creator should do handle. There may be changes or delays, and there’s a chance something could happen that prevents the Creator from being able to finish the task as promised.
  3. If a Creator is unable to complete the task, they’ve failed to live up to the basic obligations of the Creator Agreement. To right this, they must make every reasonable effort to find another way of completing the task to the best possible conclusion for the Supporters. A Creator in this position has only remedied the situation and met their obligations to Supporters if:
    1. They post an update that explains what has been done, how funds were used, and what prevents them from finishing the task as planned;
    2. They’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the task as promised;
    3. They’ve been honest, and have made no material misrepresentations in their communication to Supporters;
    4. They offer to return any remaining funds to Supporters who participated in the applicable Creator Event (in proportion to the amounts provided).

4.3. The Creator is solely responsible for fulfilling the promises made through their Creator Event. If they’re unable to satisfy the terms of the Creator Agreement, they may be subject to legal action by their Supporters.

4.4. NewNew doesn’t become involved in disputes between users, or between users and any third party relating to the use of the Site. We don’t oversee the performance or punctuality of completion of the Creator Events, and we don’t endorse any content users submit to the Site. When you use the Site, you release NewNew from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Site. All Content you access through the Site is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

5. Creators on the Site

5.1. NewNew allows for certain users of the Site to ask the community for input on life choices (each a “Creator”, and collectively the “Creators”). Creators can upload a topic and solicit user feedback through one, or more, of the following mechanisms provided through our Site (each a “Creator Event”):

Events

The Supporters are provided with the option to send suggestions to the Creator on how the Creator should respond to a situation along with a specific dollar amount (a “Bid” and collectively, the “Bids”). Other Supporters can see the Bids submitted by other Supporters and can choose to submit their own Bid and/or pledge additional amounts to the Bid of another Supporter. Ultimately, the Creator has the sole discretion to select the Bid that the Creator agrees to perform, and receive the total amount pledged by all Supporters that supported that Bid. The amount pledged by Supporters whose Bids were not accepted is thereafter refunded to the applicable Supporters.

Goals

Creator agrees to perform a specific task if a minimum number of Supporters cumulatively pledge a minimum amount (the “Goal”). Supporters are then given the option to pledge two or more dollars toward the Goal. If the criteria for the Goal is met, the Creator receives the total amounts pledged and agrees to perform the task. If the criteria for the Goal is not met, the funds pledged by the applicable Supporters are released to the Supporters.

Superpolls

The Creator uploads a topic and two to four different options on how the creator should respond to the topic. The Supporters are then given the option to pay a certain amount to cast a vote for one of the options. The Supporters can pay to vote additional times on one or more of the options. The Creator agrees to perform the option that received the most votes.

5.2. Binding Agreement. You acknowledge and agree that your acceptance of any amount as part of a Creator Event, creates a direct agreement between you and your Supporters where you agree to fulfill your obligations set forth in that Creator Event, in accordance with these Terms and specifically as outlined in Section 4 above.

5.3. Term of Creator Events and Payments. Each Creator Event shall run for a time period of seven days from the date the event goes live on our Site (the “Event Term”). During this time, Creators can solicit feedback and support from their Supporters. All funds related to the applicable Creator Event shall be held by NewNew’s payment processor until the conclusion of the Event Term. NewNew shall try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. NewNew may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a block, please reach out to us. In order to protect Creators, we may block Supporters’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.

NewNew’s payment processor may also block and/or hold payments pursuant to their terms. Please see the section entitled Third Party Services and Resources below for more information.

5.4. Taxes. We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any payment made to you under this Agreement, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such payment under this Agreement.

5.5. Creators can refund individual pledges at their sole discretion. After your Creator Event has been completed, Creators may cancel and refund a Supporter’s pledge at any time. If a Creator does so, the Creator shall have no further obligation to that specific Supporter, and no agreement shall exist between them.

5.6. Some pledges can’t be collected, which might reduce the amount you get. Because some payments can’t be collected, we can’t guarantee that the amounts you receive from a Creator Event will be exactly equal to the full amount pledged minus our fees.

5.7. Eligibility. Persons under the age of eighteen (18) or the applicable age of majority in their legal state of residence (collectively, "Minors") are not eligible to become Creators on the Site. We may, in our sole discretion, refuse to offer the Creator functionality to any person or entity and change its eligibility criteria at any time.

5.8. Know Your Legal Obligations. As a Creator, you are responsible for understanding and complying with these Terms and our Community Guidelines along with any laws, rules, regulations, and contracts with third parties that apply to your Creator Events. The information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using the personal data of your Supporters and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply, you should always seek legal advice.

5.9. Subscriptions. As a Creator, we may offer you the ability to permit Supporters to follow you by signing up for a paid subscription. Under such circumstance, Creator will determine the applicable monthly price of the subscription from a predetermined selection of prices provided by NewNew.

6. Supports on the Site

6.1. NewNew allows for certain users of the Site to provide feedback on how to respond to life choices that will be made by Creators (each a “Supporter”, and collectively the “Supporters”). Supporters can participate in helping make these decisions by taking part in various kinds of Creator Events, where the Creator will post a topic to be considered and a method by which the Supporter can help the Creator decide. A description of specific types of Creator Events that a Supporter can participate in can be found in Section 5 of these Terms.

6.2. Account Holds. When you participate in a Creator Event through our Site, you agree that NewNew and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full amount you pledged, and that such funds shall be held for the entire Event Term for the applicable Creator Event.  Your payment will only be collected if, at the conclusion of the Event Term, your choice/suggestion was selected by the Creator and/or the Creator Event reached its Goal.  If your choice was not selected, the held funds shall be released to you.  Further, you are agreeing to pay all charges related to your pledge including the amount you pledge and any applicable fees, such as NewNew’s payment processor’s fees. You understand that it may take up to 5 business days from the conclusion of an Event Term for the hold to be released.

6.3. Know Your Legal Obligations. As a Supporter, you may participate in Creator Events and, in certain circumstances, provide your own suggestions for how a Creator should respond to a particular situation. As part of your participation in Creator Events, you agree that you are responsible for understanding and complying with these Terms and our Community Guidelines along with any laws, rules, regulations, and contracts with third parties that apply to such Creator Events. The information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of your Supporters and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply, you should always seek legal advice.

6.4. The estimated performance timeframe is the Creator’s estimate. The Creator is given the choice of when to perform the results of a Creator Event. The timeframe specified by the Creator is an estimate and circumstances may change that prevent the Creator from fulfilling the task within that timeframe.

6.5. No refunds. NewNew doesn’t hold funds on Creators’ behalf, cannot guarantee Creators’ performance, and does not offer refunds.

7. Our Fees

7.1. Creating an account on the Site is free. When a Creator receives payment related to a Creator Event and/or a Supporter subscription, we collect a 20% fee from the total amount that Creator receives. We’ll charge our fees before releasing the funds related to the applicable Creator Event to that Creator’s account. You are responsible for paying any additional fees or taxes associated with your use of the Site.

7.2. If our fees ever change, we’ll announce that on our Site. Funds pledged by Supporters are collected by payment processors. Each payment processor is its own company, and NewNew isn’t responsible for its performance.

8. Content and Submissions

8.1. Rights Granted to You. Subject to your compliance with these Terms, NewNew grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Site. "Content means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available to or through the Site, including User Content. “User Content” means any Content a user of the Site provides us or otherwise makes available through the Site.

8.2. Content Ownership. NewNew does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, NewNew and its licensors exclusively own all right, title, and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site or Content.

We may offer users the opportunity to provide feedback/suggestions. In the event that you provide us with any feedback, suggestions, or ideas regarding the Site, whether solicited or unsolicited, including without limitation: any flaws, errors, bugs, anomalies, or problems with the Site; suggestions and/or ideas on how to improve or change the Site; or suggestions and/or ideas otherwise related to the Site (collectively, “Feedback”), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate, without compensation or notice to, or approval from, you and you expressly waive all moral rights you may have therein.

8.3. Rights Granted by You. By making any User Content available to NewNew and/or through the Site you grant to NewNew a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publish, publicly perform, market, promote, distribute or otherwise make available your User Content, in whole or in part, for any purposes, in any form, media or technology, whether known or hereafter developed, alone or as part of other works, with no payment or other compensation to you. The purposes shall include but are not limited to: in connection with operating and providing the Site and Content to you and to others; for demonstration, promotion, and advertising; for all NewNew products and services, including the Site; to satisfy any law, regulation, or government request; and to use the information in accordance with our Privacy Policy. By accepting these Terms, you allow NewNew to benefit freely from the above rights, including but not limited to:

  • The right to reproduce User Content in whole or in part by any means and in any form.
  • The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), free of charge in all places by any means or process known or unknown at the present time, including but not limited to the Internet.
  • The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by NewNew or by any outside party of its choice.

For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph ("Attributes"), you acknowledge and agree that the foregoing license rights granted by this Section shall apply to the same. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any User Content that you may have under any applicable law or under any legal theory. To the extent that any third party is included or depicted in your User Content, you acknowledge and agree to have first obtained any and all necessary rights, permission, and/or releases from such third party (or, if a Minor, the rights, permission and/or releases from such Minor’s parent/legal guardian on its behalf) to include or otherwise depict such third party in the User Content, to the use of such third party’s Attributes therein and to grant to NewNew those rights and permissions as part of the foregoing license, all of which rights are hereby granted by you to NewNew. You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content for non-commercial purposes, including after your termination of your Account and/or termination of the Site.

8.4. Your Representations and Warranties. You are solely responsible for all your User Content. By submitting User Content, you represent and warrant that you own all parts of your User Content or you have all rights, releases, and permissions that are necessary to grant us the license rights in your User Content under these Terms. By including or otherwise depicting any third party in your User Content, you represent and warrant that you have obtained any and all necessary rights, permission, and/or releases required to: (i) include or otherwise depict such third party (and, if such third party is a Minor, the consent of the Minor’s parent/legal guardian); and (ii) grant NewNew the license rights granted by these Terms, which shall include the right to the use of such third party’s Attributes. Further, you agree to cooperate with NewNew, upon its request, in taking any additional action or obtaining any documentation reasonably requested by NewNew to effectuate the grant of those rights from such third parties. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by NewNew on or through the Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or defame any third party, or result in the violation of any applicable law or regulation.

8.5. Availability of Content. We do not guarantee that any Content will be made available on and/or through the Site, and the ranking of search results on the Site depends on a variety of factors. Search results may appear different on our mobile application than they appear on our website. We do not practice editorial control over the content posted by third parties (including User Content).

We reserve the right to, but do not have any obligation to, (i) remove, edit, modify, or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Site.

9. Conduct, General Prohibitions and Enforcement Rights

9.1. As a condition of use, you agree not to use the Site for any purpose that is prohibited by these Terms. You agree that you are responsible for your own activities, conduct, and User Content while using the Site, and for any consequences thereof. Violation of our Terms may result in the termination and cancellation of your Account and any other such action as we may deem appropriate in our sole discretion. You acknowledge and agree that we may terminate any Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).

9.2. Safe and Appropriate Use. While you are using our Site, please be aware of your surroundings, and participate and communicate safely. You may not use the Site in a way that would distract you from obeying traffic or safety laws. For example, you may not use the Site while driving and may not put yourself or others in harm's way. You agree that your use of the Site is at your own risk, and that you will not use the Site to violate any applicable law, regulation, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

9.3. Your Interactions with Other People. You agree that in conjunction with your use of the Site, any contact with other people will be safe and appropriate. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY RELATING TO YOUR USE OF THE SITE, YOU RELEASE AND AGREE TO INDEMNIFY NEWNEW (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

9.4. Objectionable Actions/Content. You agree that you shall not, and shall not permit any third party to, (unless applicable law mandates that you be given the right to do so) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including without limitation any User Content, that violates our Community Guidelines and/or :

  • Collects, solicits, stores or shares any personally identifiable information (such as passwords and phone numbers) of other users without their express permission;
  • Extracts, scrapes, indexes, intercepts, mines, or other collects information about the Site or Content (including information about users);
  • Uses automation software, bots, hacks, mods, or any other unauthorized software designed to modify or interfere with the Site;
  • Uses the Site or Content, or any portion thereof, in a manner not permitted by these Terms, including but not limited to selling, reselling, or renting the Site or your Account;
  • Attempts to access or search the Site or Content or download Content from the Site through the use of any technology or means other than those provided by NewNew or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
  • Attempts to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Content;
  • Bypasses, removes, deactivates, descrambles, or otherwise attempts to circumvent any technological measure implemented by NewNew or any of NewNew’s providers or any other third party (including another user) to protect and/or filter the Site or Content;
  • Posts, publishes, submits or transmits any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
  • Uses any meta tags or other hidden text or metadata utilizing a NewNew trademark, logo, URL, or product name without NewNew’s express written consent;
  • Accesses, tampers with, or uses non-public areas of the Site, NewNew’s computer systems, or the technical delivery systems of NewNew’s providers;
  • Attempts to probe, scan, or test the vulnerability of any NewNew system or network or the Site, or breach any security or authentication measures;
  • Forges any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive, or false source-identifying information;
  • Interferes with, or attempts to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Site;
  • Deletes, obscures, or in any manner alters any attribution, warning, or link that appears in the Site or the Content;
  • Sublicenses, rents, leases, sells, trades, gifts, bequeaths or otherwise transfers your Account to anyone;
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
  • Promotes or contains illegal or tortious activities, promotes alcohol, tobacco, pseudo-pharmaceutical or prescription drugs, or conduct that is abusive, violent, threatening, obscene, sexually explicit, discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation, or age, or is defamatory or libelous;
  • Promotes or contains criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
  • Contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • Is designed or intended to obtain password, account, or private information from any Site user;
  • Impersonates any person or entity, including any of our employees, representatives, or users;
  • Promotes or links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • Includes anyone’s identification documents or sensitive financial information;
  • Violates any applicable law or regulation, including U.S. export and re-export control laws; or
  • Encourages or enables any other individual to do any of the foregoing.

9.5. Although NewNew is not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, to investigate and/or respond to reports of violations of these Terms and/or our Community Guidelines, and for any other reason in our sole discretion. We reserve the right to remove or disable access to any Content, at any time and without notice. NewNew may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

9.6. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, or (vi) use or develop any application that interacts with the Site or Content without NewNew's written permission. You shall abide by all applicable local, state, national and international laws, and regulations.

9.7. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

9.8. If for any reason the Site is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage and processing of entries, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of NewNew corrupts or affects the administration, security, fairness, integrity or proper conduct of the Site), NewNew reserves the right, in its sole discretion, to take any action we deem appropriate.

9.9. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SITE, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPUTER SYSTEM OR APPLICATION, IS A BREACH OF NEWNEW’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

10. Assumption of Risks

10.1. Unless prohibited by applicable law, you agree that by participating in any Creator Event (either as a Supporter and/or a Creator), when creating any User Content, and/or otherwise utilizing the Site (each an "Endeavor" and collectively, the "Endeavors"), you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Endeavors, including injury by any cause and damage, loss, or theft of property. You acknowledge that the Endeavors, and certain activities related to the Endeavors, have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment-related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather-related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior-related problems (e.g., erratic or inappropriate participant, co-participant, or spectator behavior or errors in judgment by personnel at the Endeavors), and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before participating in an Endeavor and its associated activities, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect the grounds, facilities, equipment, and areas to be used, and that by participating in any Endeavor, you acknowledge the grounds, facilities, equipment, and areas to be used are safe, adequate, and acceptable for participation. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify appropriate personnel/authorities and cease participation in that Endeavor.

10.2. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY WAIVE AND RELEASE NEWNEW FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, EXPENSES, OR LIABILITY WHICH MAY ARISE OUT OF, RESULT FROM, OR RELATE IN ANY WAY TO YOUR ATTENDANCE AND/OR PARTICIPATION IN AN ENDEAVOR, INCLUDING FOR NEGLIGENCE, INHERENT AND UNFORESEEN RISKS, INJURY OR DAMAGE TO PERSONS OR PROPERTY AND/OR THE ACTIONS OF THIRD PARTIES AND/OR ENDEAVOR PARTICIPANTS AND SPECTATORS.

11. DMCA Copyright Policy

11.1. If you believe that any content, including User Content, or other materials, posted on the Site constitutes 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) and the Canadian Copyright Act, written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: legal@newnew.co.

11.2. To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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;
  6. 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.

11.3. It is our policy to terminate the Account of anyone who repeatedly infringes the copyright rights of others.

12. Apple Device and Application Terms

In the event you are accessing the Site via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:

  1. Both you and NewNew acknowledge that these Terms are concluded between you and NewNew only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, as provided in Section 3 (Limited License to Use), solely to be used in connection with the Site for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Site;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support to the Site with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that NewNew, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, NewNew, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  9. You acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
  10. Both you and NewNew acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

13. Third-Party Services and Resources

13.1. Third-Party Links. The Site may contain links to third-party websites or resources. NewNew provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. The presence of a link to a third-party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third-party site. We reserve the right to disable links from or to third-party sites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

13.2. Third-Party Resources. NewNew is not responsible for the availability or quality of your devices or any third-party services ("Third-Party Resources"), including cell phone networks, hotspots, wireless internet, and other services (such as Stripe). SUCH THIRD PARTY RESOURCES MAY AFFECT YOUR ABILITY TO UTILIZE THE SITE OR PARTICIPATE IN ANY CREATOR EVENTS AND YOU HEREBY WAIVE AND RELEASE NEWNEW AND ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE SITE FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, EXPENSES OR LIABILITY WHICH MAY ARISE OUT OF, RESULT FROM, OR RELATE IN ANY WAY TO SUCH THIRD PARTY SERVICES.

13.3. Stripe. Payment processing services for users on the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to use the Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of NewNew enabling payment processing services through Stripe, you agree to provide NewNew with accurate and complete information about you and your business, and you authorize NewNew to share it and transaction information related to your use of the payment processing services provided by Stripe.

Further, the NewNew uses Stripe to make payouts to our users. The Stripe Recipient Agreement applies to your receipt of such payouts. To receive payouts from NewNew, you must provide NewNew accurate and complete information about you and your business, and you authorize NewNew to share it and transaction information related to your payout with Stripe.

ON OCCASION, STRIPE MAY HOLD FUNDS, FREEZE STRIPE ACCOUNTS, OR OTHERWISE RESTRICT ACCESS TO FUNDS OR PAYOUTS. ANY SUCH ACTION BY STRIPE IS GOVERNED BY STRIPE’S STRIPE SERVICES AGREEMENT AND STRIPE RECIPIENT AGREEMENT AND IS COMPLETELY OUT OF OUR CONTROL. FURTHER, YOU UNDERSTAND AND AGREE THAT ANY SUCH ACTION IS AS BETWEEN YOU AND STRIPE, AND NEWNEW HAS NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY SUCH ACTION OR ANY DAMAGES YOU MAY HAVE IN CONNECTION THEREWITH OR RELATED THERETO.

14. Termination

14.1. We may suspend or terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) we suspect fraud, or misuse by you of Content or the Site; (c) we suspect any other unlawful activity associated with your Account, or (d) for any reason, in our sole discretion. If your Account is inactive (i.e., not used or logged into) for a period of time, we will notify you via the Site or on the Site prior to termination of your Account.

14.2. You may terminate your Account at any time directly by emailing us at legal@newnew.co and/or by accessing the Delete my Account option within User Profile → Settings → Privacy → Delete my Account. Upon termination of the Site, your Account, or these Terms, for any reason, the following provisions of these Terms will survive: "Content and Submissions" excluding "Rights Granted to You", "Conduct, General Prohibitions and Enforcement Rights", "Assumption of Risks", "Apple Device and Application Terms", "Third Party Services and Resources", "Waiver of Unknown Claims under California Civil Code § 1542","Disclaimer of Warranties", "Limitations of Liability", "Indemnification", "Governing Law, Arbitration and No Class Actions", "Miscellaneous" and any other provision that provides for itself for survival or which by its nature should survive termination of these Terms.

15. Waiver of Unknown Claims under California Civil Code § 1542

15.1. It is possible that other claims not known to you will develop or be discovered arising from your use of the Site, the Content, or from the activities discussed throughout these Terms. You acknowledge that your releases, indemnification, and waivers provided under these Terms are expressly intended to cover and include all such claims, including all rights of action therefor. You acknowledge that the claims released in those sections, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

15.2. You acknowledge and understand the significance and consequences of this specific waiver of California Civil Code § 1542.

16. Disclaimer of Warranties

16.1. THE SITE AND CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEWNEW, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES, AND/OR RELATED COMPANIES DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.

16.2. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT NEWNEW DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE. NEWNEW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

16.3. The views and opinions of the Site users are their own and not necessarily representative of the views and opinions of NewNew or its officers, directors, and/or employees, and NewNew assumes no responsibility for the Content, accuracy, or views of or opinions expressed by such Site users.

17. Limitation of Liability

17.1. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NEITHER NEWNEW, NOR OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SITE OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEWNEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

17.2. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL NEWNEW, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES, AND/OR RELATED COMPANIES BE LIABLE FOR ANY DEVICE (E.G. SMARTPHONES) OPERATING COSTS OR NETWORK CHARGES INCURRED WHILE USING THE SITE, OR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO NEWNEW'S RECORDS, PROGRAMS, OR PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, AND SERVICES AVAILABLE THROUGH THE SITE.

17.3. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF NEWNEW, AND EACH OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, SUBSIDIARIES, AND/OR RELATED COMPANIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN ENDEAVOR, A CREATOR EVENT, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEWNEW AND YOU.

17.4. THE LAWS OF CERTAIN JURISDICTIONS 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.

18. Indemnification

18.1. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS NEWNEW, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES, AND/OR RELATED COMPANIES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SITE, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, CREATOR EVENTS, VIOLATION OF THESE TERMS (INCLUDING YOUR REPRESENTATIONS AND WARRANTIES), OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SITE, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

19. Governing Law, Arbitration, and No Class Actions

19.1. GOVERNING LAW. YOUR USE OF THE SITE AND ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SITE INCLUDING THE TERMS AND PRIVACY POLICY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PROVISIONS.

19.2. ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND NEWNEW, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE SITE, TO THE USE OR ACCESS THEREOF, TO PARTICIPATION IN A CREATOR EVENT OR OTHER SITE RELATED ACTIVITY/OPPORTUNITY, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD AND/OR MADE AVAILABLE ON OR THROUGH THE SITE, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE SITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA, OR IN THE CITY NEAREST TO OUR PRINCIPAL PLACE OF BUSINESS WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. YOU AND WE AGREE THAT ANY SUIT, ACTION OR PROCEEDING SHALL BE BROUGHT IN THE STATE OF CALIFORNIA AND HEREBY IRREVOCABLY CONSENT TO BE SUBJECT TO THE PERSONAL JURISDICTION THEREOF AND WAIVE ANY CLAIM OF FORUM NON CONVENIENS OR LACK OF PERSONAL JURISDICTION THAT YOU OR WE MAY OTHERWISE HAVE.

19.3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD AND/OR MADE AVAILABLE ON OR THROUGH THE SITE, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO PARTICIPATION IN A CREATOR EVENT OR OTHER SITE RELATED ACTIVITY/OPPORTUNITY, TO THE ADVERTISING AND CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD AND/OR MADE AVAILABLE ON OR THROUGH THE SITE, AND/OR TO THESE TERMS.

20. Miscellaneous

20.1. Entire Agreement. The Terms and Privacy Policy, and any other documents incorporated therein, constitute the entire agreement between you and NewNew governing your use of the Site, superseding any prior agreements between you and NewNew with respect to the Site.

20.2. Waiver and Severability. The provisions of these Terms are intended to be interpreted in a manner that makes them valid, legal, and enforceable. The failure of NewNew to enforce any right of the provisions in these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is found to be partially or wholly invalid, illegal, or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by NewNew, or alternatively, by the disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from these Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.

20.3. Force Majeure. Neither NewNew, any user, nor any other party involved in creating, producing, or delivering the Site or Content shall be liable with respect to any damages, injuries, nonperformance, or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

20.4. Notice. Any notices or other communications provided by NewNew under these Terms will be given: (a) via email; or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.

20.5. Waiver. NewNew’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NewNew. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20.6. Assignment. These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. You may not assign or transfer these Terms, by operation of law or otherwise, without NewNew’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, is void. NewNew may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20.7. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

20.8. Relationships. The Site and any Creator Event on the NewNew application are not in any way endorsed, sponsored, administered by, or associated with Apple Inc., Google LLC, Alphabet Inc., or their respective parents, subsidiaries, or affiliates.

20.9. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

20.10. Electronic Communications. When you use the Site 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 on this Site. 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.

20.11. Contact Information. If you have any questions about these Terms or the Site, please contact NewNew at legal@newnew.co or 2355 Westwood Blvd #409, Los Angeles, California 90064 USA.

Last Modified: May 20, 2022