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NewNew Terms



NEWNEW TERMS


IMPORTANT NOTICE


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.
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

 * IMPORTANT NOTICE
 * Table of Contents
 * 1. Acceptance of the Terms of Use
 * 2. Eligibility and User Accounts
 * 3. Limited License to Use
 * 4. NewNew’s Role
 * 5. Creators on the Site
 * 6. Supports on the Site
 * 7. Our Fees
 * 8. Content and Submissions
 * 9. Conduct, General Prohibitions and Enforcement Rights
 * 10. Assumption of Risks
 * 11. DMCA Copyright Policy
 * 12. Apple Device and Application Terms
 * 13. Third-Party Services and Resources
 * 14. Termination
 * 15. Waiver of Unknown Claims under California Civil Code § 1542
 * 16. Disclaimer of Warranties
 * 17. Limitation of Liability
 * 18. Indemnification
 * 19. Governing Law, Arbitration, and No Class Actions
 * 20. Miscellaneous


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:

 a. 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.
 b. 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.
 c. 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:
     * They post an update that explains what has been done, how funds were
       used, and what prevents them from finishing the task as planned;
     * They’re able to demonstrate that they’ve used funds appropriately and
       made every reasonable effort to complete the task as promised;
     * They’ve been honest, and have made no material misrepresentations in
       their communication to Supporters;
     * 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”):

Bids

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.

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.


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 benchmark. 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, 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:

 a. A physical or electronic signature of a person authorized to act on behalf
    of the owner of an exclusive right that is allegedly infringed;
 b. 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;
 c. 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;
 d. 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;
 e. 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;
 f. 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:

 a. 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;
 b. 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;
 c. You will only use the Application in connection with an Apple device that
    you own or control;
 d. You acknowledge and agree that Apple has no obligation whatsoever to furnish
    any maintenance and support to the Site with respect to the Application;
 e. 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;
 f. 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;
 g. 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;
 h. 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;
 i. 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
 j. 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: July 19, 2022