TikMok Terms of Service
Effective Date and Last Updated: September 27, 2021
1. Ownership; Your Rights to Use the Services and Content.
- Ownership . The Services and all of its content (collectively, “Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by TikMok.com, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of TikMok.com, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. TikMok.com owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
Your Rights to Access and Use the Services and Content
- Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
- If made available to you, obtain a registered personal account (and/or related username and password) on the Services and interact with the Services in connection therewith;
- Link to the Services from a website or other online service, so long as: (a) the links only incorporate text, and do not use any TikMok.com names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with TikMok.com or cause any other confusion, and (c) the links and the content on your website do not portray TikMok.com or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to TikMok.com. TikMok.com reserves the right to suspend or prohibit linking to the Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party;
- Additional Terms for Usage Subscriptions . Purchases of usage subscriptions ( e.g ., credits, points, and/or virtual currency) or any virtual items made available on the Services are nonrefundable, have no monetary value ( i.e ., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term ( e.g ., a monthly subscription). Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items, except as may be noted in the applicable Additional Terms. As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
- Rights of Others . In using the Services, you must respect the Intellectual Property and rights of others and TikMok.com. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Services, see Section 5 below.
Terms applicable for Apple IOS.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Services and Content.
- To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services and Content.
- Further, you agree that if the Services, or your access to and use of the Services, infringes on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
2. Content You Submit; Interactive Community Rules.
3. Using the Services; Services and Content Use Restrictions.
- Creating an Account . Accounts may only be set up you (and if not you, by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
Subscriptions; Rentals; Purchases; Taxes
. In order to access certain features of the Services, you may be required to make a purchase or enter into a subscription. Moreover, some aspects of the Services may allow you to place orders for or rent products.
Any deal terms presented to you at the time of subscription, rental, purchase, or other transaction you conduct on or initiate on the Services (“Transaction”) shall be considered Additional Terms. You agree to pay TikMok.com all charges at the prices presented to you or your agent(s). Prices are subject to change at any given time without notice. You must provide, and you authorize TikMok.com to charge, your chosen payment provider (your “Payment Method”) when you make a purchase or subscribe to paid Services. You agree to make payment using that selected Payment Method and will only provide us information about payment methods that you are authorized to use. We allow you to save and manage your information about your Payment Method, including the full credit card number, account number, and expiration dates, for future purchases or transactions on our site. You may make changes to your default Payment Method at any time. If we are unable to charge one payment card, we may charge another valid credit card that you have entered for use on our site. You are responsible for maintaining the accuracy of the information that we have on file, and you consent to TikMok.com updating such stored information from time to time based on information provided by you, your bank or payment services processors. If you initiate a chargeback dispute for any payment or transaction made on our site, TikMok.com reserves the right to terminate the provision of services or delivery or products to you pending resolution of the chargeback dispute with the credit card issuer.
- Subscription fees may be automatically renewed and are subject to the refund policy listed below.
- Some Transactions may be subject to taxes in certain states. Depending on your state and the nature of the product or Services you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
Prices are subject to change at any given time without notice.
- Any deal terms presented to you at the time of subscription, rental, purchase, or other transaction you conduct on or initiate on the Services (“Transaction”) shall be considered Additional Terms. You agree to pay TikMok.com all charges at the prices presented to you or your agent(s). Prices are subject to change at any given time without notice. You must provide, and you authorize TikMok.com to charge, your chosen payment provider (your “Payment Method”) when you make a purchase or subscribe to paid Services. You agree to make payment using that selected Payment Method and will only provide us information about payment methods that you are authorized to use. We allow you to save and manage your information about your Payment Method, including the full credit card number, account number, and expiration dates, for future purchases or transactions on our site. You may make changes to your default Payment Method at any time. If we are unable to charge one payment card, we may charge another valid credit card that you have entered for use on our site. You are responsible for maintaining the accuracy of the information that we have on file, and you consent to TikMok.com updating such stored information from time to time based on information provided by you, your bank or payment services processors. If you initiate a chargeback dispute for any payment or transaction made on our site, TikMok.com reserves the right to terminate the provision of services or delivery or products to you pending resolution of the chargeback dispute with the credit card issuer.
- Availability of Services and Content . TikMok.com, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in TikMok.com’s sole discretion, and without advance notice or liability.
- Internet Connectivity Charges . Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
4. Wireless Features; Messages; Location-Based Features.
- Wireless Features . The Services may offer certain features and services via your wireless Device. Features and services may include the ability to access the Services’ features, upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify TikMok.com of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes. If the Services includes push notifications or other mobile communication capability, you hereby approve of our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Services is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
Text and Email Messages
- You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited, that subscription will be so limited. Such consent is not required to purchase any product or Services aside from the text subscription itself. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages.
- Email Messages . You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of emails, the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Services, such as administrative and service announcements, and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
5. Notice and Take Down Procedure for Claims of Infringement.
- DMCA Notification . If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 5.
. We are committed to complying with U.S. copyright and related Intellectual Property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue service to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published).
- Identification of the URL or other specific location on the Services where the material you claim is infringing is located, providing enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Services can be reached as follows:
By email: [email protected]
The email address above is only for reporting copyright infringement and may not be used for any other purpose.
- If you believe an individual is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify the individual is a repeat infringer.
- It is often difficult to determine if your copyright has been infringed. TikMok.com may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
. If access on the Services to a work that you submitted to TikMok.com is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. Your DMCA Counter-Notification should contain the following information:
- a legend or subject line that says: “DMCA Counter-Notification”;
- a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Services from which the material was removed or access to it disabled);
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your full name, address, telephone number, email address, and the username of your account with us (if any);
- a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- your electronic or physical signature.
- Receipt of DMCA Counter-Notification . If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither TikMok.com nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.
6. Product Specifications; Pricing; Typographical Errors.
We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, TikMok.com shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from TikMok.com is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
7. Termination or Suspension.
- Termination by Us . We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Services for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a “Restriction Notice”) to inform you: (i) your right to use or access any part of the Services has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
8. Disclaimers; Exclusions and Limitations of Liability.
- DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TikMok.com AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “TikMok.com PARTIES”) PROVIDE THE SERVICE, CONTENT, TikMok.com LICENSED ELEMENTS, OR OTHER TikMok.com PRODUCTS OR SERVICES ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TikMok.com PARTIES (AS APPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER TikMok.com PRODUCTS OR SERVICES WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TikMok.com PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY TikMok.COM PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY TikMok.COM PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) TikMok.com PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY TikMok.com PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST TikMok.com PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
- EXCLUSION OF DAMAGES . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TikMok.com PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER TikMok.com PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LIMITATION OF LIABILITY
. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY TikMok.com PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Services (including the Content and the UGC), including without limitation:
- your use of or inability to use the Services, or the performance of the Services;
- any action taken in connection with an investigation by TikMok.com Parties or law enforcement authorities regarding your access to or use of the Services;
- any action taken in connection with copyright or other Intellectual Property owners or other rights owners;
- any errors or omissions in the Services’ technical operation or security or any compromise or loss of your UGC or other data or information; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the TikMok.com Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Services).
The liability limitations in this Section 8 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Services, or any express warranties by TikMok.com that are included in applicable Additional Terms.
- APPLICABLE JURISDICTIONAL LIMITS . CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
ESSENTIAL PURPOSE .UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9. Arbitration and Dispute Terms.
- Pre-Arbitration Notification . TikMok.com and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that TikMok.com need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or TikMok.com – shall send a letter to the other side briefly summarizing the claim and the request for relief. If TikMok.com is making a claim, the letter shall be sent, via email, to the email address listed in your TikMok.com account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9(b). If you are making a claim, the letter shall be sent to: [email protected], Attn: Legal Department. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9. Either you or TikMok.com, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 9(d) before the expiration of this sixty (60)-day period.
- Limitation on Injunctive Relief . AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY TikMok.com PARTY (INCLUDING YOUR LICENSED UGC).
- Class Action Waiver . As permitted by applicable law, both you and TikMok.com waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 9 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
- Jury Waiver . AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- Small Claims Matters . Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 9(f).
10. General Provisions.
- Operation of Services; Availability of Products and Services; International Issues . TikMok.com controls and operates the Services from the U.S., and makes no representation that the Services is appropriate or available for use beyond the U.S. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.
- Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
- Entire Agreement . Except for any Additional Terms that apply to your use of the Services as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
Information collected on our sites and applications is stored in the United States; therefore, your information may become subject to U.S. law. By using our website or mobile applications, you consent to the transfer of your data overseas and across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. The laws governing data in your home country may differ from those in the countries to which data is transferred. By accessing and using our website and mobile applications, you consent to the transfer of your data in this manner.
Scope of this Policy
This policy applies to information we collect or use on sites and applications owned or controlled by TikMok.com or its affiliates (“TikMok.com”). This policy applies to all of the services offered by TikMok.com and its affiliates, including services TikMok.com provides on mobile devices.
TikMok and the EU – U.S. Privacy Shield
TikMok.com has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB EU Privacy Shield, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.
Finally and in certain circumstances , EU individuals may also have the right to invoke binding arbitration before the Privacy Shield Panel. Please see https://www.privacyshield.gov/article?id=C-Pre-Arbitration-Requirements for more information on the binding arbitration option.
What are cookies? A cookie is a small text file stored on a user’s computer for record-keeping purposes. There are two types of cookies:
- Session cookies are used to make it easier for you to navigate on websites. A session ID cookie expires when you close your browser.
- Persistent cookies are used to run our technology as they enable us to track and target the interests of our users to enhance the experience on our websites. Persistent cookies remain on your hard drive for an extended period of time. You can remove persistent cookies by following the directions provided in your internet browser’s ‘help’ file.
What are pixel tags? A pixel tag (also commonly known as a web beacon) is a type of technology placed on a website or within the body of an e-mail for the purpose of tracking activity on websites, or when e-mails are opened or accessed, and is often used in combination with cookies.
Other Environments (mobile applications)
In environments that do not support cookies, such as mobile applications, we may use other similar technologies for the same purpose of cookies. To serve our ads in mobile applications we collect identifiers, such as a Google Advertising ID or Apple IDFA, depending on the operating system of your mobile device.
To serve you our personalized advertisements and provide a seamless online experience, we may link your identifiers on the different environments you are using. At no point do we collect identifying personal data such as your name or address to operate the linking.
Information We Collect
TikMok.com collects information to provide better services to our valued users. We collect information in the following ways:
- Information you give us. For example, TikMok.com collects personal information when you create an account with TikMok.com; when you place an order; when you enter promotions or sweepstakes, such as your name, email address, birth date, gender, and ZIP code; and when you use our online forum.
- Information we get from your use of our services. We collect information about the services that you use and how you use them, such as information about how you use our sites and mobile applications, visit a website that uses our advertising services, view or interact with our ads and content, and information about your computer or mobile device. This information may include:
- Device Information
- We collect device-specific information such as your hardware model, operating system version, unique device identifiers, and mobile network information including your phone number. TikMok.com may associate your device identifiers or phone number with your TikMok.com account.
- Log Information
- When you use our services or view content provided by TikMok.com, we automatically collect and store certain information in our server logs. This includes:
- Details of how you use our services (e.g., your search queries).
- IP address
- Device event information such as crashes, system activity, hardware setting, browser type, browser language, the date and time of your request, and referral URL
- Cookies that may uniquely identify your browser on your TikMok.com account
- Location Information
- When you use TikMok.com services, we may collect and process information about your actual location. We use various technologies to determines location, including your IP address, GPS, and other sensors that may, for example, provide TikMok.com with information on nearby devices, Wi-Fi access points, and cell towers.
- If you have downloaded one or more of our mobile applications, you may have the option to opt-in to location sharing for additional application capabilities. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. Most likely, these controls are located in the devices’ settings menu; however, if you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer.
- Unique Application Numbers
- Certain services include a unique application number. This number and information about your installation may be sent to TikMok.com when you install or uninstall a certain service or when a service periodically contacts our servers, such as for updates.
- Local Storage
- TikMok.com may collect and store information – including personal information – locally on your device using mechanisms such as browser web storage and application data caches.
- Cookies and Similar Technologies
- TikMok.com may set and access cookies on your computer. We may also set and access device identifiers which may include your IP address, user agent information (e.g., browser version, OS type, and version), and device-provided identifiers. Once you interact with our services, site(s), and/or application(s), TikMok.com may recognize your device to provide you with a personalized experience, independent of your device settings.
- TikMok.com uses web beacons to access TikMok.com cookies inside and outside our network of websites and in connection with TikMok.com products and services.
- E-mail Communications
- To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from TikMok.com or its affiliates if your computer supports such capabilities.
- Social Media Widgets. Our sites and mobile applications include social media features, such as the Facebook “Like” button, Google Plus, Pinterest, and Twitter widgets. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie or employ other tracking technologies. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
Cookies, Tracking, and Interest-Based Advertising
The “help” function of your browser should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. If you set your device to not receive cookies at any time, certain personalized services cannot be provided to you, and accordingly, you may not be able to take full advantage of all of our features.
Third-Party Advertisers and Links to Other Websites
Our site includes third-party interest-based advertising using information you make available to us when you interact with our sites, content, or services. Interest-based ads are displayed to you based on information from activities such as purchasing on our sites, visiting sites that contain TikMok.com content or ads, or interacting with TikMok.com tools.
How is Your Information Used?
Examples of how we use the information we collect include:
- Product and Service Fulfillment
- Fulfill and manage purchases, orders, payments, and returns/exchanges
- Respond to requests for information about our products and services on our website, mobile website, or mobile applications, or to otherwise serve you
- Connect with you regarding customer service via our contact center or social media platforms
- Administer sweepstakes and contests
- Allow you to, via our website or mobile applications, sign up for our e-mail newsletter, search for products and check availability, check prices, provide product ratings and reviews, track your orders, update account information, etc.
- Our Marketing Purposes
- Deliver coupons and promotions, newsletters, e-mails, mobile messages, and social media notifications from TikMok.com and from TikMok.com partners, vendors, or affiliates
- Provide interactive features on the website or mobile applications, such as product reviews or weekly deals, send marketing communications and other information regarding, products, services, and promotions
- Administer contests, sweepstakes, promotions, surveys, etc.
- Internal Operations
- Improve the effectiveness of our website, stores, mobile experience, and marketing efforts
- Conduct research and analysis, including surveys
- Perform other business activities as needed
- Legal Compliance
- For example, assist law enforcement and respond to legal/regulatory inquiries
Information We Share
We do not share personal information with companies, organizations, and individuals outside of TikMok.com unless one of the following circumstances applies:
- With Your Consent: We will share personal information with companies, organizations, or individuals outside of TikMok.com when appropriate.
- Service Providers: We may share the information we collect with companies that provide support services to us (such as e-mail providers, mobile marketing services, analytics providers, web hosting providers, call center/chat providers, sweepstakes vendors, payment processors, data enhancement services, or fraud prevention providers) or that help us market our products and services. These companies may need information about you in order to perform their functions.
For Legal Reasons: We will share personal information with companies, organizations, or individuals outside of TikMok.com if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, legal process, or enforceable governmental request.
- Detect, prevent, or otherwise address fraud, security, or technical issues.
- Protect against harm to the rights, property, or safety of TikMok.com, our users, or the public as required or permitted by law
This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes.
If TikMok.com undergoes a merger, corporate reorganization, acquisition, or asset sale, your personal data may be shared. If you do not want us to share your personal data in these manners, please do not provide it to us.
Please note that TikMok.com may be required to release an individual’s personal information in response to lawful requests by public authorities in order to meet national security and/or law enforcement requirements.
In the context of an onward transfer, TikMok.com has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. TikMok.com shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
Accessing and Updating Your Personal Information
TikMok.com acknowledges the individual’s right to access their personal data. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).
Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
You have the right to request information about the personal data we hold on you. If your data is incorrect, incomplete, or irrelevant you can ask to have the information corrected or removed. To access or update your personal information e-mail [email protected] with your current contact information and the personal information you would like to access. We will provide you the personal information requested if reasonably available, or will describe the types of personal information we typically collect.
TikMok.com and third party vendors, partners, and affiliates communicate with users who subscribe to our services on a regular basis via e-mail. For example, we may use your e-mail address to confirm your request, to send you notice of payments, to send you promotions, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional.
However, we provide you the opportunity to exercise an opt-out choice if you do not want to receive other types of communication from us, such as emails or updates from us regarding new services and products offered on the Sites. The opt-out choice may be exercised by ticking or unticking the appropriate box if such checkbox is available at the points where personal data is collected or by contacting us. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.
- Push Notifications: You may at any time opt-out from further allowing TikMok.com to send you push notifications by adjusting the notification permissions in the Settings on your mobile device.
- Geo-location: You may at any time opt-out from further allowing TikMok.com to access location data by adjusting the permission in your mobile device.
How is Your Personal Information Protected?
Security Methods: We maintain administrative, technical, and physical safeguards to protect your personal information. When we collect or transmit sensitive information, we use industry standard methods to protect that information. However, no e-commerce solution, website, mobile application, database, or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
E-mail Security: “Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking for your personal information, do not respond. We will never request your password, username, credit card information, or other personal information through e-mail.
Children’s Personal Information: We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personal information online form children under the age of 13. If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian e-mail [email protected].
California Privacy Rights
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact us at [email protected]. For all requests, you must include your full name, street address, city, state, and zip code. We will not accept requests via telephone, postal mail, or facsimile, and we are not responsible for notices that are not labeled or sent property, or that do not have complete information.