Terms & Conditions
Acceptance of Terms
By registering for and/or using the
Services in any manner, you agree to these Terms of Service and all other
operating rules, policies and procedures that may be published from time to
time on the app by us, each of which is incorporated by reference and each of
which may be updated from time to time without notice to you.
Certain of the Services may be subject to
additional terms and conditions specified by us from time to time; your use of
such Services is subject to those additional terms and conditions, which are
incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users
of the Services, including, without limitation, users who are contributors of
content, information, and other materials or services, registered or otherwise.
Registration
To get the most benefit from the Services,
you may be asked to register for an account on the Services (an “Account”). You
must provide accurate and complete information and keep your Account
information updated. 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.
You are solely responsible for the activity
that occurs on your Account, and for keeping your account password secure. You
may never use another person's user account or registration information for the
Services without permission. You must notify us immediately of any breach of
security or unauthorized use of your Account. You should never publish,
distribute or post login information for your Account.
Although we'd be sad to see you leave you
can delete your TikTok MeMes account when you want, just contact us requesting the deletion.
Please keep in mind that you may be asked to update your password at TikTok
MeMes or to mail us from the email address that you used to register your
account to confirm its ownership.
Content
- Definition
For purposes of these Terms of Service, the
term “Content” includes, without limitation, videos, audio clips, written posts
and comments, information, data, text, photographs, software, scripts,
graphics, and interactive features generated, provided, or otherwise made
accessible on or through the Services. For the purposes of this Agreement,
“Content” also includes all User Content (as defined below).
- User Content
All Content added, created, uploaded,
submitted, distributed, or posted to the Services by users (collectively
"User Content”), whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such User Content. You
acknowledge that all Content, including User Content, accessed by you using the
Services is at your own risk and you will be solely responsible for any damage
or loss to you or any other party resulting therefrom. You may delete or remove
your User Content, either yourself or through a request made to one of our
employees or affiliates. When your User Content is deleted, it will be removed
from the Services. However, you understand that any removed User Content may
persist in backup copies for a reasonable period of time (but will not
following removal be shared with others).
You shall be solely responsible for your
User Content, including all your submissions. You affirm and acknowledge that
you are in possession of all the necessary licenses, rights and permissions
related to the contents you post, and you agree not to submit content that is
copyrighted, protected by trade secret or subject to third party rights unless
you are the owner of those rights or have the necessary permissions from their
rightful owner.
- Notices and Restrictions
The Services may contain Content
specifically provided by us, our partners or our users and such Content is
protected by copyrights, trademarks, service marks, patents, trade secrets or
other proprietary rights and laws. You shall abide by and maintain all
copyright notices, information, and restrictions contained in any Content
accessed through the Services.
- Use License
Subject to these Terms of Service, we grant
each user of the Services a worldwide, non-exclusive, non-sublicensable and
non-transferable license to use (i.e., to download and display locally) Content
solely for personal, non-commercial purposes. Use, reproduction, modification,
distribution or storage of any Content for other than personal, non-commercial
use is expressly prohibited without prior written permission from us or from
the copyright holder identified in such Content's copyright notice. You shall
not sell, license, rent, or otherwise use or exploit any Content for commercial
use or in any way that violates any third party right.
- License Grant
By submitting User Content through the
Services, you hereby do and shall grant us a worldwide, non-exclusive,
royalty-free, fully paid, sublicensable and transferable license to use, edit,
modify, reproduce, distribute, prepare derivative works of, display, perform,
and otherwise fully exploit the User Content in connection with the app, the
Services and our (and our successors' and assigns') businesses, including
without limitation for promoting and redistributing part or all of the app or
the Services (and derivative works thereof) in any media formats and through
any media channels (including, without limitation, third party websites and
feeds).
You also hereby do and shall grant each
user of the Site and/or the Services a non-exclusive license to access your
User Content through the Site and/or the Services, and to use, edit, modify,
reproduce, distribute, prepare derivative works of, display and perform such
User Content. For clarity, the foregoing license grants to us and our users
does not affect your other ownership or license rights in your User Content,
including the right to grant additional licenses to your User Content, unless
otherwise agreed in writing. You represent and warrant that you have all rights
to grant such licenses to us without infringement or violation of any
third-party rights, including without limitation, any privacy rights, publicity
rights, copyrights, contract rights, or any other intellectual property or
proprietary rights.
- Availability of Content
We do not guarantee that any Content will
be made available on the app or through the Services. Further, we have no
obligation to monitor the app or the Services. However, we reserve the right to
(i) remove, edit or modify 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 of
Service), or for no reason at all and (ii) to remove or block any Content from
the Services.
Rules of Conduct
As a condition of use, you promise not to
use the Services for any purpose that is prohibited by these Terms of Use. You
are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any
third party to) either (a) take any action or (b) upload, download, post,
submit or otherwise distribute or facilitate distribution of any Content on or
through the Service, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right
of publicity or other right of any other person or entity or violates any
law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- 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, or is otherwise inappropriate
as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail ("spamming");
- contains software viruses or any other computer codes, files,
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;
- impersonates any person or entity, including any of our
employees or representatives; or
- includes anyone's identification documents or sensitive
financial information.
You shall not:
- take any action that imposes or may impose (as determined by us
in our sole discretion) an unreasonable or disproportionately large load
on our (or our third-party providers') infrastructure;
- interfere or attempt to interfere with the proper working of
the Services or any activities conducted on the Services;
- bypass, circumvent or attempt to bypass or circumvent any
measures we may use to prevent or restrict access to the Services (or
other accounts, computer systems or networks connected to the Services);
- run any form of auto-responder on the Services; (v) use manual
or automated software, devices, or other processes to crawl or spider any
page of the Site;
- harvest or scrape any Content from the Services; or
- otherwise take any action in violation of our guidelines and
policies.
You shall not (directly or indirectly):
- decipher, decompile, disassemble, reverse engineer or otherwise
attempt to derive any source code or underlying ideas or algorithms of any
part of the Services (including without limitation any application),
except to the limited extent applicable laws specifically prohibit such
restriction,
- modify, translate, or otherwise create derivative works of any
part of the Services, or
- copy, rent, lease, distribute, or otherwise transfer any of the
rights that you receive hereunder. You shall abide by all applicable
local, state, national and international laws and regulations.
We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is necessary
to:
- satisfy any applicable law, regulation, legal process or
governmental request,
- enforce these Terms of Service, including investigation of
potential violations hereof,
- detect, prevent, or otherwise address fraud, security or
technical issues,
- respond to user support requests, or
- protect the rights, property or safety of us, our users and the
public.
Third Party Services
The Services may permit you to link to
other websites, services or resources on the Internet, and other websites,
services or resources may contain links to the Services. When you access third
party resources on the Internet, you do so at your own risk. These other
resources are not under our control, and you acknowledge that we are not
responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The
inclusion of any such link does not imply our endorsement or any association
between us and their operators. You further acknowledge and agree that we shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance
on any such content, goods or services available on or through any such website
or resource.
Termination
We may terminate your access to all or any
part of the Services at any time, with or without cause, with or without
notice, effective immediately, which may result in the forfeiture and
destruction of all information associated with your membership. If you wish to
terminate your account, you may do so by following the instructions on the Site
or through the Services. Any fees paid hereunder are non-refundable. All
provisions of these Terms of Service which by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty
We have no special relationship with or
fiduciary duty to you. You acknowledge that We have no control over, and no
duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services;
- what effects the Content may have on you;
- how you may interpret or use the Content; or
- what actions you may take as a result of having been exposed to
the Content.
You release us from all liability for you
having acquired or not acquired Content through the Services. The Services may
contain, or direct you to websites containing, information that some people may
find offensive or inappropriate. We make no representations concerning any
Content contained in or accessed through the Services, and it will not be
responsible or liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the Services.
THE SERVICES 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. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
- THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION;
- ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
- THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify, and hold
harmless us, our affiliates and each of our and their respective employees,
contractors, directors, suppliers and representatives 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 Services, Content, or
otherwise from your User Content, violation of these Terms of Service, or
infringement by you, or any third party using your account or identity in the
Services, 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.
Privacy Policy
By accepting these terms, you also accept
our Privacy Policy, described at link here
Site rules
By accepting these terms, you also accept
our Site Rules, described at link here
Modification
We reserve the right, in our sole
discretion, to modify or replace any of these Terms of Service, or change,
suspend, or discontinue the Services (including without limitation, the
availability of any feature, database, or content) at any time by posting a
notice on the Site or by sending you notice through the Services, via e-mail or
by another appropriate means of electronic communication. We may also impose
limits on certain features and services or restrict your access to parts or all
of the Services without notice or liability. While we will timely provide
notice of modifications, it is also your responsibility to check these Terms of
Service periodically for changes. Your continued use of the Services following
notification of any changes to these Terms of Service constitutes acceptance of
those changes.
