Terms of Service
(For users residing within the EEA, Switzerland and the United Kingdom)
Last updated: July 2020
1.
The Relationship with TikTok
Welcome to TikTok.
TikTok is a leading platform for creating and sharing short format videos (the “Platform”).
You are viewing the conditions of service (the "Conditions"), which govern the relationship and constitute the agreement between TikTok and the user, establishing the terms and conditions on the basis of which the user will be able to access and use the Platform, our linked websites (such as tiktok.com), the services, apps, products and other content (collectively, the "Services") that are offered, in compliance with these Terms.
The Services are provided by the company that offers the Services in your region ("TikTok", "we" or "us"):
Residents within the EEA + Switzerland: The Services are offered by TikTok Technology Limited, a company registered in Ireland with registered office at 10 Earlsfort Terrace, Dublin, D02 T380, Ireland and company registration number 635755.
Residents within the United Kingdom: the Services are offered by TikTok Information Technologies UK Limited, a company registered in England with its registered office at Wework, 125 Kingsway, London, WC2B 6NH and company registration number 10165711.
The Service Provider may change if you move to another country while continuing to use our Services.
The Services are provided for private non-commercial use.
For the purposes of these Terms, the terms "you" and "your" will mean you as a user of the Services.
The Conditions constitute a legally binding contract between us and the user.
We kindly ask you to take the time to read them carefully; if you do not agree, we ask you not to register, not to access and not to use any Service.
2.
Description of the Services
The Services and the Platform are reserved exclusively for users with a minimum age of 13.
You may use the Services and the Platform through the TikTok Mobile Apps (“App”) and the TikTok Website (“Website”).
Some functions are only available in the App.
Also, not all Services or features may be available in your country or region.
In the various versions of the Services, different functions may be available.
Some features are not available to users under a certain age.
The Services allow you to create, publish and share short format videos and to view videos created by other users and interact with those videos and other users.
Creation and sharing of videos: In particular:
You can record or import videos within the Services.
You can edit videos and enrich them with additional filters and elements.
You can also include content from other users in your videos, as long as the creator of the videos in question agrees to the use of its content for these purposes.
Other users can use your content within their videos, if you consent to the use of your content for such purposes.
You can post videos within the Services so that other users can view them.
The videos posted by you publicly will be available in the App and on the Website.
You can share your videos or the videos of others who have consented to sharing through various messaging services and on third party social media platforms (eg.
Instagram, Facebook, YouTube, Twitter) in accordance with their respective terms of service.
When you post a video, you can enter a video description, tags, and various privacy settings.
You can post a short bio and profile picture in your public user profile.
Subject to the conditions of our Virtual Items Policy, you may broadcast live, use live streaming features, purchase tokens and exchange tokens for gifts (the “Live Stream Program”).
Viewing Videos: You can view videos of other users of the Services.
In particular:
You can view videos shared by other users publicly or by users you are followers of.
The Service provides you with a personalized “For You” page where the Service selects videos to show you based on what the Service believes may interest you.
For more information, please refer to the Privacy Policy.
The Service provides other ways to find content to view, such as a list of other users' videos on their profiles, a search function, and category selection.
You can stream other users' videos live.
Interact with other users: You can interact with users and their content.
In particular:
Direct messages: You can send direct messages to users if they are your followers.
Like: You can like videos.
Comments: You can post comments on other users' videos, where permitted by their respective user settings.
Follow function: You can decide to follow other users.
If users restrict their profile, you can only follow if they decide to approve your request.
"Find Friends" function: You can find friends through your phone book and Facebook.
Pro Account: You can also upgrade your user account to a free "Pro Account".
A Pro Account gives you access to additional features, such as aggregate statistics on your content.
If you are part of the TikTok Creator Marketplace ("Marketplace"), you can use the Account Pro menu to access settings and manage requests for the Marketplace features.
Service Limitations: Our goal is to offer a Service without significant interruptions and continuously improving.
However, it could happen that the service is totally or partially unavailable for certain periods due to a planned or unplanned plant shutdown, for maintenance or in the event of technical difficulties.
3.
Acceptance of the Conditions
By registering, accessing or using the Services, you confirm that you have the ability and intention to enter into a legally binding contract with TikTok including the Conditions, that you are at least 13 years old, accept these Conditions and comply with them.
Access and use of our Services are also subject to our Community Guidelines and our Policy for virtual items, the conditions of which can be found directly on the Platform, or where the Platform can be downloaded, on the app store of your mobile device.
These additional guidelines and information are understood to be included by reference in this legally binding contract entered into between us and the user.
We also invite you to read our Privacy Policy which sets out how we use your personal data.
If you access or use the Services on behalf of a business or legal person (a) the terms "you" and "your" include you and that business or legal entity, (b) you represent and warrant that you are representing authorized by that company or legal person with the power to bind it to these Terms, and that you accept the latter on behalf of the legal person, and (c) your company or legal person is legally and economically responsible for your access or use of the Services as well as the access or use of your account by other associates of your legal entity, including employees, agents or contractors.
Although we will always keep a copy of our current Conditions (bearing the date of the "Last Updated") available on the Platform, we recommend that you print or save a copy locally for your archives.
4.
Changes to the Terms and Services
The Services are constantly subject to innovation, modification and improvement.
We may also change these Terms from time to time, for example in the event of an update to the functionality of the Services or when there are regulatory changes that impact these Terms or the Services.
We will provide reasonable notice, for example through a notice on our Platform, of any substantial changes to these Terms or to our Services that may cause you a significant disadvantage or significantly limit the access or use of our Services.
However, you should still regularly review the Terms to verify such changes.
We will also update the "Last Update" date at the top of these Conditions to highlight the effective date of the most updated version of the Conditions.
Since the use of the Services by anyone who does not agree to abide by our Conditions is not permitted, continuing to access or use the Services after the date of the new Conditions constitutes acceptance of these new Conditions by you.
If you do not agree to the new Conditions, you must stop accessing or using the Services and close your account (if applicable).
Regarding changes to the Terms or Services that are necessary to meet integrity, security, legal or supervisory requirements, we may not be able to notify you in advance; however we will become aware of it as soon as possible.
5.
Your Account
To access, or use, some of our Services you must create an account with us.
When creating an account it is necessary to provide correct and up-to-date data.
It is important to promptly maintain and update your data and other information provided to keep it current and complete.
You can always access the Conditions from the Platform.
It is important that you keep your account password confidential by not disclosing it to third parties.
If you know or suspect that others know your password or have access to your account, you must promptly notify us via the form on https://www.tiktok.com/legal/report/feedback
6.
Resolution
We reserve the right to suspend, temporarily or permanently, or terminate your user account, or to impose limits or restrictions on access to all or part of the Services with or without notice and at any time, for any reason or even for no reason, for example:
If we reasonably believe that you have violated or there are objective reasons to reasonably believe that you are about to violate the Conditions, including any contracts referred to therein, policies, guidelines (such as our Community Guidelines), or any applicable law or regulation;
If any activity occurs on your account that, in our sole discretion, would cause or could cause harm to, or harm, us or our Services, or violate any third party's rights (including intellectual property rights);
In response to a request from law enforcement or other government agencies in the context of valid proceedings under the law;
Due to unforeseen difficulties or problems of a technical or safety nature; that is to say
In case of long periods of inactivity on your account.
In the event of a permanent suspension or closure of your user account, we will notify you in advance to allow you to access it and save your data and content, unless we have reason to believe that continuing to access your account would cause damage to us or to our Services, would violate requests from law enforcement or other government agencies, applicable laws, regulations, or the rights of others.
Without prejudice to any legal rights, if your account is closed or suspended temporarily or permanently, access to your username, password and information or content linked to your account may be suspended or revoked.
Since we do not guarantee the permanent availability of your content, it is your responsibility to back up any content that is of value to you.
If you no longer wish to use our Services, you can request the cancellation of your account by means of the features provided on the Platform.
You can also contact us via the form at https://www.tiktok.com/legal/report/feedback and we will provide you with further assistance and guide you through the process of deleting your account.
Please keep in mind that once you have chosen to cancel your account you will not be able to reactivate it or recover any content or data you have added.
7.
The use of the Services by the user
The access and use of the Services by the user is subject to these Conditions and to all applicable laws and regulations.
You will not be able to:
access or use the Services if you are under the age of 13 or for other reasons you are unable to accept these Conditions;
copy, modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works based on the Services, including files, tables or documents (or any part thereof) or identify or attempt to locate source codes, algorithms, methods or techniques incorporated into the Platform or in derivative works from this unless such activities are expressly authorized by us in advance;
distribute, license, assign or sell, in whole or in part, any of the Services or derivative works thereof;
market, lease or lease the Services for consideration, or use the Platform to advertise or carry out commercial promotions unless such activities are expressly authorized by us in advance;
use the Services, without our express written consent, for commercial or unauthorized purposes, including communication, promotion of commercial advertisements or for the purposes of solicitation or spamming;
interfere or try to interfere with the normal operation of the Services, subvert the operation of the Platform, our Website or networks connected to the Services, or circumvent the measures that we could use to prevent or limit access to the Services themselves;
incorporate the Platform or part of it into another program or product and, in this case, we reserve the right to refuse the service, close accounts or limit access to the Services in our sole discretion;
use automated systems or software, whether managed by third parties or otherwise, to extract data from the Services for commercial purposes ("screen scraping");
impersonate natural or legal persons, or falsely declare or otherwise falsely present one's person or affiliation with natural or legal persons, also suggesting the impression that one's content uploaded, published, transmitted, distributed or in otherwise made accessible are part of the Services;
intimidate or harass others, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
use or try to use another user's account, services or systems without the authorization of TikTok, or create a false identity within the Services;
use the Services in such a way as to create a conflict of interest for you or for us so as to distort the purpose of the Services themselves, for example exchanging opinions with other users, writing or requesting inauthentic feedback;
use the Services to upload, transmit, distribute, save or otherwise make accessible, intentionally, recklessly or negligently:
material that violates or may violate applicable laws or that violates the rights of others;
viruses, trojans, worms, logic bombs or other material that is harmful or technologically harmful;
unwanted or unauthorized advertising, solicitations, promotional material, "junk mail", "spam", "chains of Sant’Antonio", "pyramid schemes", or other forms of prohibited solicitation;
material that violates or may violate copyrights, trademarks or other intellectual property of third parties;
material that violates the privacy or personality rights of other persons or deceased persons;
material that is defamatory of third parties, obscene, offensive, pornographic, derogatory or provocative;
material that would constitute, encourage or provide instructions for committing a criminal offense, dangerous activity or self-harm;
material deliberately designed to provoke or generate hostility between people, in particular through trolling and bullying, or intended to harass, harm, hurt, frighten, torment, embarrass or upset people;
material that contains a threat of any kind, including threats of physical violence;
racist or discriminatory material, including discrimination based on someone's race, religion, age, gender, disability or sexuality;
replies, responses, comments, judgments, analyzes or recommendations that you are not adequately authorized or otherwise qualified to provide;
material that, in TikTok's sole judgment, is objectionable or limits or prevents others from using the Services, or that may expose TikTok, the Services or its users to damage or liability of any kind.
In addition to the foregoing, your access and use of the Services must always be in accordance with our Community Guidelines.
We reserve the right to permanently or temporarily remove or suspend access to content at any time and without notice if, in our sole judgment, such content also potentially violates these Terms or our Community Guidelines, rights of third parties (including intellectual property rights), applicable laws or regulations or otherwise harm the Services, our users or third parties.
8.
Intellectual Property Rights
We respect intellectual property rights and ask you to do the same.
As a condition for accessing and using the Services, you agree not to violate the intellectual property rights of third parties while using the Services.
By way of example, you agree not to upload any content that is owned by others to the Services.
9.
Contents
TikTok content
Regarding the relationship between you and TikTok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio files, videos, music and appearance and functionality of the Services, the Platform and the App as well as all related intellectual property rights (the "TikTok Content") are the property of or licensed by TikTok, it being understood that the ownership of any User Content (such as hereinafter defined) uploaded by you or transmitted through the Services will remain yours or the licensee.
Your use of TikTok Content or other material available as part of the Services for purposes not expressly permitted by these Conditions is strictly prohibited.
Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, televised, exhibited, sold, licensed or otherwise exploited for any purpose, without our prior explicit written consent or, where applicable, our licensors.
We and our licensors fully and unconditionally reserve all rights arising from, or relating to, the TikTok Services and Content not expressly granted in connection with such content and materials.
You acknowledge and agree that, through the use you will make of the Services and also, by way of example but not limited to, through the sale of advertising, sponsorships, promotions, usage data and gifts and except as specifically permitted by us in the under these Terms or in any other agreement entered into between us, we may generate income, increase goodwill or our value, and that you will have no right to participate in such income, goodwill or value.
You further acknowledge that, except as specifically permitted by us in these Terms or in any other agreement entered into between us, (i) you are not entitled to receive any proceeds or other consideration from the User Content (defined below) or from your use of musical works, audio or audiovisual recordings made available to you on or through the Services, including User Content created by you, and (ii) you are prohibited from exercising rights for the purpose of monetizing or obtaining consideration from User Content within the Third party services or services (including but not limited to YouTube, Facebook, Instagram, Twitter or other social media platform) to the extent that such User Content has been in any way modified or otherwise altered through the Services ( also through the use of TikTok Elements (as defined below)).
Without prejudice to these Conditions, a non-exclusive, non-transferable, non-sub-licensed, revocable and universal license is granted to you as of now for accessing and using the Services, including by downloading the Platform on a permitted device, and to access the TikTok Contents exclusively for personal and non-commercial use through the use of the Services and exclusively in accordance with these Conditions.
TikTok absolutely and unconditionally reserves all rights in the Services and TikTok Content not expressly guaranteed by this agreement. .
You acknowledge and agree that the license granted to you in relation to the Services will be automatically terminated upon termination of your account or these Terms.
UNDER THESE TERMS, NO LICENSE IS GRANTED ANY RIGHTS REGARDING AUDIO RECORDINGS (AND MUSICAL WORKS INCORPORATED THEREIN) MADE AVAILABLE BY OR THROUGH THE SERVICES.
You acknowledge and agree that, in viewing the content provided by others within the Services, you do so at your own risk.
The content on our Services is provided for general information only.
They are not intended to constitute any form of advice you can rely on.
Before taking or refraining from taking action based on the contents of the Services, you are required to obtain professional or specialist advice.
We make no representations, warranties or warranties, express or implied, as to the accuracy, completeness or updating of the TikTok Content (including User Content).
Where the Services contain links to other sites and resources provided by third parties, these links are intended solely for your information.
We have neither visibility nor control over the contents present on, or available through, such sites or resources and you acknowledge and accept the absence of all our responsibility in relation to such contents.
Such links should not be construed as our endorsement of the sites or information linked to such links or the information you may obtain on or through them.
You acknowledge that we are under no obligation to pre-view, monitor, review or modify any content posted by you or other users on the Platform (including User Content).
User Generated Content
Users of the Services may be allowed to upload, publish or transmit (for example in streaming) or to otherwise make content accessible through the Services, including, but not limited to, texts, photographs, user videos, audio recordings. and musical works incorporated therein (including videos that incorporate locally saved audio recordings from your personal music library and ambient noise), uploaded or otherwise made available through the Services (“User Content”).
You acknowledge and agree that users of the Services may also extract all or part of the User Content uploaded by you or otherwise made available through the Services to produce additional User Content, including collaborations with other Users who combine and diversify the Content. User generated by you and other users.
Users of the Services may also overlay User Content with music, graphics, stickers, Virtual Items (as defined and further explained in the Virtual Items Policy) and other items provided by TikTok ("TikTok Items") and transmit such User Content to means of the Services.
The information and materials in User Content, including User Content that includes TikTok Elements, have not been verified or approved by us.
The opinions expressed on the Services by other users (including through virtual gifts) do not represent our judgments or values.
When you access or use a feature that allows you to upload or transmit User Content through the Services (including through certain third party social media platforms such as Instagram, Facebook, YouTube or Twitter), or to contact other users of the Services, you must comply with the standards. established in Article 7 above.
You may also choose to upload or transmit your User Content, including those that include TikTok Elements, on sites or platforms hosted by third parties.
If you decide to do so, you will need to comply with their content guidelines as well as the standards set forth earlier in this Section 9.
For your part, you warrant that the aforementioned contributions comply with these standards and you will be liable to us and liable to indemnify us for any breach of this guarantee.
This means that you will be responsible for any loss or damage suffered by us as a result of your breach of warranty.
All User Content will be considered non-confidential in nature.
You must not post on or through the Services or transmit User Content to us that you consider to be confidential or exclusive to others.
When you post User Content through the Services you agree to and declare that you own or have received all necessary permissions (including any necessary licenses), clearances or authorizations from the owner of any part of the content to post such User Content on the Services , to transmit it from the Services to other third party platforms and / or to make a different use of it on or through the Services.
If you only own the rights to an audio recording but not the underlying musical work incorporated into such audio recordings, you must not upload or otherwise make such audio recordings accessible through the Services without obtaining all permissions (including any necessary licenses), authorization or authorization from the owner of any part of the content to publish the same on the Services.
Except as otherwise expressly provided in these Terms, you or the owner of your User Content retain the copyright and other intellectual property rights in the User Content sent to us, however by posting the User Content through the Services you grant up to from now (i) to us and our affiliates, agents, service providers, partners and related third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including by means of sub-licenses), perpetual and universal to use, modify, adapt, reproduce, derive derivative works, publish and / or transmit and / or distribute and authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, derive derivative works , publish and / or transmit your User Content in any format and on any platform, currently known or in itself guito devised; (ii) to other users of the Services an unconditional, irrevocable, non-exclusive, royalty-free, perpetual and universal license to use, modify, adapt, reproduce, derive derivative works, download, publish and / or transmit and / or distribute some or all of your User Content in any format and on any platform, currently known or to be subsequently designed, for the purpose of generating other User Content or displaying your User Content for entertainment or other private non-commercial purposes.
You also grant us and our subsidiaries, agents, service providers, partners and related third parties a free license for the use of your user name, image, voice and physical appearance in order to identify you as the authors of your User Content.
For clarity, the rights granted in the preceding paragraphs of this Article include, but are not limited to, the right to reproduce audio recordings (and to create mechanical reproductions of musical works incorporated into such audio recordings), and to publicly perform and transmit to the public recordings. audio (and the musical works incorporated therein), all without any royalties being due.
This implies that you grant us the right to use your User Content without the obligation to pay royalties to you or to a third party including, but not limited to, any copyright owner in an audio recording (e.g. .
a record label), any holder of the copyright on a musical work (eg.
a music publisher), an organization for the protection of copyright (eg.
ASCAP, BMI, SESAC, etc.) (a “PRO”), a PRO for audio recordings (eg.
SoundExchange), unions or corporations, and technicians, producers or other involved royalty holders who participate (knowingly or not) in the creation of User Content.
Specific Rules for Musical Works and Recording Artists.
If you are a composer or author of musical works and are associated with a PRO, you must notify your PRO of the royalty-free license granted to us on your User Content through these Terms.
You are solely responsible for ensuring compliance with the relevant PRO's reporting obligations as well as any other conditions set by the PRO that apply to you.
If you have transferred your rights to a music publisher, you must obtain the latter's consent to grant the free license on your User Content provided for in these Terms or have the music publisher sign these Terms with us.
The mere fact of being the author of a musical work (eg.
of having written a song) does not give you the right to grant us the license under these Terms.
If you are a record artist under contract with a record label, you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you may have to your record label, even as you create new recordings through the Services on which your label may have rights.
Diritti Through-To-The-Audience.
All rights granted by you to your User Content in these Terms are data on a through-to-the-audience basis, meaning that third party service owners or operators will have no separate liability to you or to third parties arising from, or relating to, the availability of your User Content through such third party services.
Waiver of User Content Rights.
By posting User Content on or through the Services, you waive any right to review or pre-approve any marketing or advertising materials relating to such User Content.
You also waive (to the extent permitted by applicable law) any and all rights of confidentiality, publicity or other rights of a similar nature relating to your User Content or any part thereof.
You hereby renounce (to the extent permitted by applicable law) and agree to never assert any and all moral rights in your possession regarding, or in any case relating to, User Content uploaded by you or otherwise made available through the Services, or not to support, maintain or allow actions based on these moral rights.
You acknowledge and agree that in certain circumstances we will also have the right to disclose your identity to third parties who claim that any User Content you post or upload to our Services violates their intellectual property rights or their right to privacy.
We, or authorized third parties, reserve the right to cut, select, modify or refuse to post your content in our, or their, sole discretion.
We have the right to remove, disable, block or delete your publications on our Platform if, in our opinion, they do not comply with the content standards set forth in Article 7 (Your Use of Our Services) above.
In addition, we have the right - but not the obligation - in our sole discretion to remove, disable, block or delete any User Content (i) that we believe violates these Terms, or (ii) in response to complaints from other users or to third parties, with or without notice and without any liability to you.
Accordingly, we recommend that you save a copy of any User Content you post on the Services on your personal devices in case you want to ensure that you have permanent access to copies of such User Content.
We do not guarantee the correctness, integrity, adequacy or quality of the User Content and under no circumstances will we be liable in any way for the User Content.
You decide whether your User Content should be publicly accessible on the Services to all other users of the Services or only to people you approve of.
To change the standard access settings regarding the type of accessibility of your User Content, simply access the confidentiality settings found within the Services and follow the simple and clear procedure indicated there.
We assume no responsibility for any content or information uploaded by users of the Services and posted by us, or on our behalf, on the Services or elsewhere by third parties.
If you wish to complain about information and materials uploaded by other users or if there are problems of a different nature that you wish to report to us, you can contact us at https://www.tiktok.com/legal/report/reports.
While our staff are constantly working to develop and evaluate ideas and features for our products, we are pleased to pay attention to the interests, feedback, comments and suggestions we receive from the user community.
If you choose to contribute by sending us or our employees ideas for products, services, features, changes, enhancements, content, enhancements, technologies, content offerings (such as audio, video, game or other content), promotions, strategies or product / functionality names or for the related documentation, graphics, computer codes, diagrams or other material (collectively the "Feedback"), the following conditions will apply, regardless of what is contained in your accompanying documentation, so that the status of the Feedback both for you and for us clearly understandable.
Therefore, by sending us the Feedback, you agree:
that we are under no obligation to review, evaluate or adopt your Feedback, or to return all or part of the Feedback to you for any reason;
that the Feedback is provided on a non-confidential basis and there is no obligation for us to maintain the confidentiality of the Feedback sent by you, or to refrain from using it or disclosing it in any way; And
to irrevocably grant us an unconditional, non-exclusive, royalty-free, fully transferable (including by means of a sub-license), perpetual, universal and unlimited license to adapt, reproduce, distribute, create derivative works, modify, publicly exhibit (also on a through-to-the-audience basis), communicate to the public, make available, publicly display or otherwise use and exploit the Feedback and its derivatives for any purpose and without limitations, free of charge and without attribution of any kind, including by creating, using , selling, offering for sale, importing and promoting commercial products and services that incorporate the Feedback, in whole or in part, both in the state in which it is provided and with the modifications subsequently made.
10.
Indemnify
You agree to defend, indemnify and hold harmless TikTok, its parent companies, subsidiaries and affiliates as well as each of its respective officers, directors, employees, agents and consultants from any and all claims, liabilities, costs, damages, losses and expenses (including , by way of example but not limited to, legal fees and expenses) arising from, or relating to, violations of these Terms, by you or by users of your account for each of the Services, including, but not limited to, a violation of your obligations, representations and warranties.
11.
DISCLAIMER OF WARRANTIES
NOTHING CONTAINED IN THESE CONDITIONS WILL AFFECT YOUR LAW RIGHTS: (I) WHICH YOU CANNOT CONTRACTLY AGREE TO AMENDMENT OR WAIVER; AND (II) YOU ARE ALWAYS REQUIRED AS A CONSUMER.
THE SERVICES ARE RETURNED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATIONS TO YOU IN RELATION TO THEM.
IN PARTICULAR WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES TO YOU AS TO THE FACT THAT:
USE OF THE SERVICES WILL MEET YOUR NEEDS;
THE SERVICES WILL HAVE THE CHARACTER OF CONTINUITY, TIMELINESS, SECURITY AND WILL BE ERROR-FREE;
THE INFORMATION OBTAINED BY YOU AS A RESULT OF THE USE OF THE SERVICES WILL BE CORRECT OR RELIABLE OR ERROR-FREE; And
DEFECTS IN THE OPERATION OR IN THE FUNCTIONALITY OF THE SOFTWARE PROVIDED TO YOU IN THE SCOPE OF THE SERVICES WILL BE REMEDED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS OR OTHER TERMS (INCLUDING IMPLIED TERMS OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR COMPLIANCE WITH THE DESCRIPTION) EXCEPT WHICH NECESSARY, EXCEPT THE NECESSARY SERVICE, WHICH ARE EXPRESSLY APPLICABLE TO THE MIXING .
WE MAY MODIFY, SUSPEND, REVOKE OR LIMIT THE AVAILABILITY OF ALL OR PART OF OUR PLATFORM FOR COMMERCIAL AND OPERATIONAL REASONS AT ANY TIME AND WITHOUT NOTICE.
12.
LIMITATION OF LIABILITY
NOTHING CONTAINED IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LEGALLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
THIS INCLUDES LIABILITY FOR DEATH OR PHYSICAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUB-CONTRACTORS AND FOR FRAUD OR FALSE FRAUDULENT STATEMENT.
EXCEPT FOR THE PREVIOUS PARAGRAPH, WE SHALL NOT HAVE ANY CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY TO YOU (NOT EVEN FOR NEGLIGENCE) UNDER THE LAW OR, OTHERWISE, UNDER THE PRESENT CONDITIONS OR IN RELATION TO THESE TERMS FOR: (I) LOSS OF PROFITS (II) LOSS OF GOODWILL; (III) LOSS OF BUSINESS OPPORTUNITIES; (IV) LOSS OF DATA; (V) LOSS OF BUSINESS; (VI) INTERRUPTION OF ACTIVITIES; (VII) LOSS OF COMMERCIAL REPUTATION; OR (VIII) INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND.
EXCEPT THE FIRST PARAGRAPH OF THIS ARTICLE 12, OUR TOTAL TOTAL LIABILITY OF A CONTRACTUAL, EXTRA-CONTRACTUAL NATURE (ALSO BY NEGLIGENCE), PURSUANT TO LAW OR OTHERWISE, UNDER OR IN RELATION TO THESE CONDITIONS, OR AND RECEIPT OF THE SERVICES WILL BE LIMITED TO THE GREATER OF: (I) THE AMOUNT PAID BY YOU TO TIKTOK WITHIN THE PERIOD OF 12 MONTHS IMMEDIATELY PRIOR TO YOUR REQUEST TO TIKTOK; OR (II) € 100.00.
NOTICE AND AGREE THAT, EXCEPT THE FIRST PARAGRAPH OF THIS ARTICLE 12, WE WILL NOT HAVE CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY (EVEN BY NEGLIGENCE), IN ACCORDANCE WITH THE LAW OR OTHERWISE, IN THE EVENT OF LIABILITIES, LOSSES, EXPENSES (INCLUDING LEGAL FEES), CLAIMS FOR COSTS OR DAMAGES THAT MAY HAVE BEEN INCURRED BY YOU OR ANOTHER PERSON FOR OR IN CONNECTION WITH: YOUR RELIANCE ON THE COMPLETENESS, CORRECTNESS OR EXISTENCE OF ANY RELIABILITY OR TRUST YOU AND ADVERTISERS OR SPONSORS WHOSE ANNOUNCEMENTS APPEAR ON THE SERVICES; CHANGES THAT WE MAY MAKE TO THE SERVICES, EITHER FOR PERMANENT OR TEMPORARY TERMINATION IN THE DELIVERY OF THE SERVICES (OR OF FUNCTIONALITY WITHIN THE SAME); DELETION, ALTERATION OR INABILITY TO SAVE CONTENT AND OTHER COMMUNICATION DATA, KEPT OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE CORRECT ACCOUNT INFORMATION; OR FAILURE TO STORE YOUR PASSWORD OR ACCOUNT DATA IN A SECURE AND CONFIDENTIAL WAY.
WE STRESS THAT THE PLATFORM IS PROVIDED FOR DOMESTIC AND PRIVATE USE ONLY.
YOU AGREE NOT TO USE OUR PLATFORM FOR BUSINESS OR BUSINESS PURPOSES, EXCEPT WITH OUR EXPRESS WRITTEN CONSENT.
IF ANY DEFECTIVE DIGITAL CONTENT PROVIDED BY US DAMAGES A DEVICE OR DIGITAL CONTENT OWNED BY YOU AND THIS IS CAUSED BY A LACK OF REASONABLE CARE AND EXPERTISE ON OUR PART, WE WILL BE RESPONSIBLE FOR THE REPAIR OF YOUR OWNERSHIP. OUR DIRECTIVES IN CONNECTION WITH THE DELIVERY OF THE DEVICE TO US OR OUR SERVICE PROVIDERS) OR WE WILL PAID YOU REASONABLE COMPENSATION.
HOWEVER WE WILL NOT BE LIABLE FOR THE DAMAGES THAT YOU COULD AVOID BY FOLLOWING OUR ADVICE TO MAKE AN UPDATE THAT HAS BEEN OFFERED FREE OF CHARGE, OR FOR THE DAMAGES CAUSED BY NOT FOLLOWING THE REQUIRED INSTALLATION INSTRUCTIONS PROPERLY. WE RECOMMEND.
SUCH LIMITATIONS ON OUR LIABILITY TO YOU WILL APPLY REGARDLESS OF THE FACT THAT WE HAVE BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH LOSSES.
YOU ARE RESPONSIBLE FOR ANY MOBILE PHONE FEES THAT APPLY FOR THE USE OF OUR SERVICE, INCLUDING TEXT MESSAGES AND DATA TRAFFIC.
IF YOU ARE NOT SURE OF THE AMOUNT OF THESE CHARGES, WE RECOMMEND YOU ASK YOUR PROVIDER BEFORE USING THE SERVICE.
13.
Other conditions
Applicable law and competent court.
Residents within the EEA and in Switzerland.
These Conditions and any disputes or claims (including those of an extra-contractual nature), arising from, or relating to the object thereof, are governed by Irish law, subject exclusively to any mandatory laws of your country of residence.
The United Nations Convention on Contracts for the International Sale of Goods and other similar rules, regulations or laws in force in other jurisdictions will not apply.
You and TikTok agree that the non-exclusive jurisdiction for the definition of disputes or claims (including those of an extra-contractual nature) arising from, or relating to, the Conditions or the object or formation of the same, shall be remitted in a non-exclusive way to the courts Irish, subject only to any mandatory laws of your country of residence or choice of court provisions which cannot be changed by contract.
Alternatively, you can submit your dispute to an alternative dispute resolution body through the European Online Dispute Resolution Platform (ODR).
UK residents.
These Conditions and any disputes or claims (including those of an extra-contractual nature) arising from, or relating to, the subject of the same are governed by the laws of England and Wales.
The United Nations Convention on Contracts for the International Sale of Goods and other similar rules, regulations or laws in force in other jurisdictions will not apply.
You and TikTok agree that the non-exclusive jurisdiction for the settlement of disputes or claims (including those of an extra-contractual nature) arising from, or relating to, the Conditions or the object or formation thereof is remitted to the courts of England and Wales.
Alternatively, you can submit your dispute to an alternative dispute resolution body through the European Online Dispute Resolution Platform (ODR).
Open Source.
Apps contain a certain amount of open source software.
Each item of open source software is subject to its applicable license terms, available on our Open Source Disclosure page.
Complete Agreement.
These Conditions (including the Supplementary Conditions that follow) constitute the entire legal agreement between you and TikTok and replace any previously applicable Terms and Conditions that governed the service prior to the date of Last Update indicated above.
Absence of Waivers.
Our waiver to reaffirm or enforce provisions of these Terms (or to exercise other rights or remedies under them) shall not be construed as a waiver of any provisions or rights or remedies under these Terms nor will it prevent or limit the further exercise of those or other rights or remedies.
Safety.
You are responsible for configuring your information technology systems, computer programs and platforms for accessing our Platform.
It is recommended that you use your own antivirus software.
Severability.
If a court competent to judge the matter decrees the nullity, illegality or inapplicability of provisions of these Conditions, these provisions must be removed from the Conditions without affecting the residual part and the remaining provisions of the Conditions will continue to be valid and applicable.
Requests?
Contact us via the form at https://www.tiktok.com/legal/report/feedback
Consequences of Termination.
In the event of termination of the legally binding contract entered into between us, the following provisions of the Conditions will remain valid even after termination:
our right to use and disclose the Feedback as described in Article 9
other user rights to further share User Content and other information shared by you through the Services within the limits of what occurred prior to termination
amounts owed by you to TikTok
Articles 10, 11, 12 and 13.
Supplementary Conditions - The App Stores
To the extent permitted by applicable law, the following additional conditions will apply:
Notice regarding Apple.
By accessing the Platform through an Apple, Inc. device ("
Apple "), you specifically acknowledge and agree that:
These Terms are intended to be entered into between you and TikTok; Apple is a third party to these Terms.
The license granted to you under this agreement is limited to a personal, limited, non-exclusive and non-transferable right to install the Platform on one or more Apple devices authorized by Apple and in your possession or control for personal non-commercial use. , subject to the Terms of Use set forth in the Apple App Store Terms of Service.
Apple is not responsible for the Platform or its contents and has no obligations of any kind to provide maintenance or support services in relation to the latter.
In case of non-compliance with the applicable guarantees by the Platform, you can notify Apple, which will refund you any purchase price of the Platform.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligations with respect to the Platform.
Apple is not required to deal with your or any third party's claims relating to the Platform or your possession or use of the Platform, including but not limited to (a) product liability claims; (b) complaints regarding the non-compliance with applicable legal or regulatory requirements by the Platform; and (c) requests originating from consumer protection or similar legislation.
In the event of any third party claims that allege that the Platform or your possession and use of the same infringe the intellectual property rights of such third parties, Apple is not responsible for the investigation, opposition, definition or conclusion of such claims for infringement of intellectual property.
You declare and guarantee (a) that you are not within countries subject to an embargo by the United States Government or that have been indicated by the United States Government as "terrorist sponsors"; and (b) not to be on the United States Government's lists of persons subject to prohibition or restriction.
Apple and its subsidiaries are third party beneficiaries of these Terms and by your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. of the same.
TikTok expressly authorizes the use of the Platform by multiple users through Family Sharing or similar functionality provided by Apple.
Windows Phone Store.
By downloading the Platform from the Windows Phone Store (or from another app that may replace the same in the future) managed by Microsoft, Inc.
or its subsidiaries, you specifically acknowledge and accept:
You may install and use one copy of the Platform on up to five (5) Windows Phone devices associated with the Microsoft account you use to access the Windows Phone Store.
In addition to this number, we reserve the right to apply additional conditions or to charge additional fees.
You acknowledge that Microsoft Corporation, your device manufacturer, and network operator have no obligation to provide maintenance and support services in connection with the Platform.
Amazon Appstore.
By downloading the Platform from the Amazon Appstore (or from another app that may replace the same in the future) managed by Amazon Digital Services, Inc.
or its affiliates ("Amazon"), you specifically acknowledge and agree that:
Regarding any conflicts between (a) the Amazon Appstore Terms of Use or the different terms indicated by Amazon as the standard end-user license terms for the Amazon Appstore ("Amazon Appstore EULA Terms" ), and (b) the other terms and conditions in these Terms, the EULA Terms for the Amazon Appstore will apply to your use of the Platform you downloaded from the Amazon Appstore, and
Amazon has no liability with respect to TikTok's or your (or any other user's) compliance with these Terms or the Amazon Appstore EULAs.
Google Play.
By downloading the Platform from Google Play (or from another app that may replace the same in the future) managed by Google, Inc.
or one of its affiliates ("Google"), you specifically acknowledge and agree that:
Regarding any conflicts between (a) the Google Play Terms of Services and the Google Play Commercial and Program Policies or the various terms set forth by Google as the standard end-user license terms for Google Play (collectively referred to as " Google Play Terms "), and (b) the other terms and conditions in these Terms, the Google Play Terms will apply to the use of the Platform you download from Google Play, and
you acknowledge that Google has no liability with respect to TikTok's or your (or any other user's) compliance with these Terms or the Google Play Terms.