Playback Terms & Conditions for Creators

Effective date: September 6, 2022

These Terms & Conditions for Creators ("Terms") constitute a legal agreement between you, an individual ("you") and Playback, Inc. ("Playback," "we," or "us").

Playback provides an online platform through which Creators (defined below) can host Watch Parties (defined below) to watch live sports with an interactive user community (the “Services”). You desire to enter into these Terms for the purpose of participating in Playback’s program as a Creator to host Watch Parties on the Services and monetize Qualified Watch Parties (defined below) (the “Program”).

BY HOSTING WATCH PARTIES ON THE SERVICES, BY APPLYING FOR OR PARTICIPATING IN THE PROGRAM, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS, WHICH INCLUDE THE PLAYBACK PRIVACY POLICY, PLAYBACK TERMS OF SERVICE, AND ALL OTHER POLICIES, RULES, GUIDELINES, TERMS AND CONDITIONS ESTABLISHED FOR THE SERVICES AS SET FORTH THEREIN (COLLECTIVELY "POLICIES"), WHICH ARE INCORPORATED HEREIN BY REFERENCE. THESE TERMS ESTABLISH A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND PLAYBACK. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT APPLY FOR OR PARTICIPATE IN THE PROGRAM.

THESE TERMS EXPRESSLY SUPERSEDE PRIOR AGREEMENTS OR ARRANGEMENT WITH YOU REGARDING THE PROGRAM. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED PARTICIPATING IN THE PROGRAM FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. PLAYBACK MAY IMMEDIATELY TERMINATE THESE TERMS OR ANY SERVICES OR PROGRAM WITH RESPECT TO YOU, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE SERVICES, THE PROGRAM OR ANY PORTION THEREOF, AT ANY TIME, FOR ANY REASON.

PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 13 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH PLAYBACK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION. BY VIRTUE OF YOUR ELECTRONIC AGREEMENT TO THESE TERMS, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.

  1. Definitions.
  2. “Creator” means a User who has been approved by Playback to participate in the Program (and whose approval has not been revoked) and who has agreed to these Terms.
  3. “Playback Data” means all data related to the access and use of the Services hereunder, including all data related to Users (including User Information), and all data related to the Program.
  4. “Qualified Watch Party” (AKA “Qualified Stream”) means a Watch Party that meets both of the following criteria: (i) you (as a Creator) are “on stage” (i.e. on video and actively participating and engaging with Users) for such Watch Party for at least thirty (30) minutes over the course of such Watch Party, and (ii) you (as a Creator) remain in your Creator-hosted room for the entirety of such Watch Party.
  5. “User” means any end user of the Service.
  6. “User Information” means information about a User collected by us through the Services, which may include a User’s name and contact information.
  7. “Watch Party” (AKA “Stream”) means a Creator-hosted streaming event, defined by the time period 12:00AM to 11:59PM Pacific Time, through the Creator’s room on the Services to watch live sports with and engage with the interactive User community.
  8. Program Participation and Requirements.
  9. Eligibility. In order to be eligible to participate in the Program, you must be at least eighteen (18) years old and have registered an account on the Services (an “Account”). You represent and warrant that all information you provide in your application and forms and in response to any additional requests from Playback is complete and accurate. Playback may, in its sole discretion, reject any application, refuse to offer participation in the Program and/or change the eligibility criteria at any time. You are solely responsible for ensuring that you are in compliance with all laws, rules and regulations applicable to you, and you acknowledge and agree that the right to participate in the Program is revoked where these Terms or participation in the Program is prohibited. Further, the Program is offered only for your use, and not for the use or benefit of any third party. You must notify us immediately of any change in your eligibility to participate in the Program, breach of security or unauthorized use of your Account.
  10. Program Participation. You acknowledge and agree that once you have been approved by Playback to participate in the Program, you may be listed on the Services in a Creator directory, which may display your profile, including your username, profile picture, etc. You agree to participate in any onboarding or training program as requested by Playback. You will comply with all laws that apply to you and your actions and omissions that relate to your participation in the Program.
  11. Your Relationship with Other Users. Your interactions with other Users and/or other third parties found on or through the Services or Program are solely between you and such Users and/or third parties. You should make whatever investigation you feel necessary or appropriate before interacting with any User. Playback is not responsible or liable for the actions or inactions of a User in relation to your activities.

If there is a dispute between Users (including between you and another User), or between Users and any third party, you agree that Playback is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you release Playback, its officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services or the Program. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “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.”

  1. Your Relationship with Playback. You acknowledge and agree that you are not an employee of Playback and that Playback does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your participation in the Program or your acts or omissions. Playback retains the right to, at any time at our sole discretion, deactivate or otherwise restrict you from accessing or using the Services or participating in the Program in the event of a violation of these Terms, your disparagement of Playback, your act or omission that causes harm to Playback or others, or for any other reason at the reasonable discretion of Playback. If you are terminated from the Services or the Program, you may not access or use the Services or participate in the Program through a new account.