Terms of Service
(If you are a user residing in the EEA, Switzerland and UK)
Last updated: July 2020
1.
Your relationship with us
Welcome to TikTok.
TikTok is the leading platform for creating and sharing short videos (the "Platform").
You are now reading the terms of service ("Terms") which govern our relationship and act as a contract between you and us, setting out the terms under which you can access and use the Platform and its related websites (such as tiktok.com) , services, applications, products and other content (collectively, the "Services") that we make available under these Terms.
The Services are provided by the company that offers the Services in your region ("TikTok" or "we").
Residents of the EEA and Switzerland: Services are provided by TikTok Technology Limited, which is incorporated in Ireland, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland, number 635755.
UK Residents: The services are provided by TikTok Information Technologies UK Limited, which is incorporated in England with headquarters at Wework, 125 Kingsway, London, WC2B 6NH, number 10165711.
Your Service Provider may change if you move to another country and continue to use our Services.
The services are provided for private, non-commercial use.
For the purposes of these Terms, "you" and "your" and their variations mean you as used by the user of the Services.
These Terms constitute a legally binding contract between you and us.
Please read them carefully and if you do not agree to them, please do not register, access or use any of the Services.
2.
Description of the Services
The Services and Platform are intended only for persons age 13 and older.
You may use the Services and Platform through the TikTok Mobile Applications (the "Application") and through the TikTok website (the "Website").
Some features are only available in the Application.
In addition, some Services or features may not be available in your country or region.
Different features may be available on different versions of the Services.
Some features are not available to users under a certain age.
The services allow you to create, post and share short videos, use videos created by other users, and interact with those videos and other users.
Creating and sharing videos: In particular:
You can record or import videos to the Services.
You can edit videos and enrich them with filters and additional elements.
You can also include content from other users in your videos, as long as the creator of the video allows you to use their content for such purposes.
Other users may use your content in their videos if you allow it to be used for such purposes.
You may post videos on the Services for other users to enjoy.
Videos made available to the public will be available in the Application and on the Website.
You can share your videos and other people's videos that have enabled them to be shared through various messaging services and on external social media platforms (e.g.
Instagram, Facebook, YouTube, Twitter) in accordance with the applicable terms of service.
When publishing your video, you can add a description and tags, and various privacy settings.
You can add a short bio and profile picture to your public user profile.
Under the terms of our Virtual Items Policy, you may broadcast live, use the live streaming feature, purchase coins and exchange them for gifts ("Live Streaming Program").
Use of Videos: You may use videos of other users of the Services.
Especially:
You can use videos that other users have shared publicly or through users you follow.
The Services include a personalized "For You" page that shows you videos based on what the Services believe may be of interest to you.
More information on this subject can be found in the Privacy Policy.
The Services offer other ways to search for content to be used, e.g.
list of other users' videos on their profile, search function and category selection.
You can watch other users' live broadcasts.
Interaction with other users: You can interact with user content and other users.
Especially:
Direct messages: You can send messages directly to other users if they are following you.
Likes: You can choose to like the video.
Comments: Depending on the settings of other users, you can leave comments on their videos.
Following: You can follow other users.
If users put restrictions on their profile, you can only follow them if they accept your request to follow.
"Find Friends" function: You can find your friends using the address book on your phone and on Facebook.
Pro Accounts: You can also upgrade your user account to a free "Pro Account".
A Pro account gives you access to additional features, such as aggregated statistics on your content.
If you are participating in the TikTok Developer Exchange (the "Exchange"), you can use the Pro Account menu to access settings and manage requests for Exchange features.
Service Limitations: We strive to offer the Services without significant interruptions and constantly improve them.
However, there may be times when the Services may be wholly or partially unavailable at certain times due to planned or unplanned downtime, maintenance or due to technical difficulties.
3.
Acceptance of the Terms
By registering, accessing or using the Services, you accept that you can and that you are actually entering into a legally binding agreement with TikTok, consisting of the Terms, that you are 13 years of age or older, and that you accept the Terms and that you agree to their observance.
Access to and use of our Services is also governed by our Community Rules and Virtual Items Policy, details of which can be found directly on the Platform and, where the Platform is available for download, in the appropriate app store on your mobile device.
These additional guidelines and rules form an integral part of this legally binding agreement between you and us.
Please also read our Privacy Policy as it governs how we use your personal data.
If you access or use the Services on behalf of a company or other entity, then a) "You" and "Yours" and their variations include both you and that company or entity, (b) you represent and warrant that you are an authorized a representative of the enterprise or entity authorized to be bound by these Terms and that you accept these Terms on its behalf, and (c) your enterprise or entity is legally and financially responsible for your access or use of the Services, as well as for access to or use of the Services. from your account by other entities associated with your business or entity, including any employees, agents or contractors.
While we will always have a copy of our current Terms available on the Platform (including the "Last Updated" date), please print or save a local copy of the Terms for your own documentation.
4.
Changes to Terms and Services
We are constantly introducing innovations to change and improve the Services.
We may also make changes to these Terms, for example by updating the functionality of the Services or making regulatory changes that affect these Terms or the Services.
We will give you reasonable advance notice, for example by means of a notice on our Platform, of any material changes to these Terms or our Services that will materially disadvantage you or materially restrict your access to or use of our Services.
However, you should also check the Terms regularly to see if there have been any such changes.
We will also update the "Last Updated" date at the top of these Terms to reflect the effective date of the last updated version of the Terms.
As we do not allow the use of the Services by persons who do not agree to be bound by our Terms, your continued access to or use of the Services after the effective date of the new Terms constitutes your acceptance of the new Terms.
If you do not accept the new Terms, you must stop accessing or using the Services and close your account (if applicable).
In the event of a change to the Terms or Services that we need to implement to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance, but we will notify you as soon as possible.
5.
Your account on the Platform
To access or use some of our Services, you must create an account with us.
You must provide accurate and up-to-date information when creating an account.
It is important that you maintain and promptly update your details and any other information you share with us to keep it current and complete.
The Terms are also available to you at any time on the Platform.
It is important to keep your account password secret and not disclose it to third parties.
If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately by sending a message at https://www.tiktok.com/legal/report/feedback
6.
Account closure
We reserve the right to temporarily or permanently suspend or terminate your account, or impose restrictions or limitations on your access to some or all of the Services, with or without notice, at any time, for any reason or no reason, including in the following cases:
if we have reasonable grounds to believe that you have breached the Terms, or if objective indications give us reasonable grounds to believe that you have breached the Terms, including any attached agreements, policies or rules (such as our Terms community) as well as any applicable laws or regulations;
if there are activities in your account that, in our sole discretion, cause or may harm or adversely affect us or our Services, or infringe the rights of third parties (including intellectual property rights);
in response to requests from law enforcement or other government agencies as part of an important proceeding;
due to unexpected technical or security problems; or
if your account has extended periods of inactivity.
If your user account is permanently suspended or closed, we will notify you in advance to give you time to access and save your data and content, unless we have reason to believe that further access to your account will be caused by us or our Services to the detriment of or violate any law enforcement or other governmental agency request, applicable law or regulation, or the rights of a third party.
Subject to all your statutory rights, if your account is temporarily or permanently suspended or closed, access to your username, password and any related information or content related to your account may be suspended or terminated.
As we do not guarantee that your content will always be available, you should back up any content that is of value to you.
If you no longer want to use our Services, you can request the deletion of your account via the solutions provided on the Platform.
You can also contact us at https://www.tiktok.com/legal/report/feedback and we will give you further assistance and guide you through the process of deleting your account.
Please note that if you choose to delete your account, you will not be able to reactivate it or recover any of the content or information you have added.
7.
Your Use of the Services
Access to and use of the Services is subject to these Terms and all applicable laws and regulations.
You must not:
access or use the Services if you are under 13 years of age or older, or otherwise you cannot agree to these Terms;
copy, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works based on the Services, including any files, tables or documentation (or any part thereof), or specify or attempt to specify any source code, algorithm, method or techniques contained in the Platform or any derivative works thereof, unless such actions are expressly approved by us in advance;
distribute, license, transfer or sell, in whole or in part, any Services or any derivative works thereof;
market, rent or lease the Services for a fee, or use the Platform to advertise or conduct any commercial activity, unless such activities are expressly approved by us in advance;
use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertising or solicitation or solicitation or spam;
disrupt or attempt to disrupt the proper operation of the Services, disrupt the operation of the Platform, our Website or any network connected to the Services, or circumvent any measure we take to prevent or limit access to the Services;
incorporate the Platform or any part of it into any other program or product; in such event, we reserve the right to refuse to provide services, terminate your account or restrict access to the Services at our sole discretion;
use any automated system or software, operated by third parties or otherwise, to obtain any data from the Services for commercial purposes (so-called
screen scraping ", lit.
scraping off the screen);
impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including giving the impression that any content you post, upload, transmit, distribute or otherwise make available comes from the Services;
intimidate or harass others, promote sexually explicit material, promote violence or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
use or attempt to use other accounts, services or systems without TikTok's approval, or create a false identity on the Services;
use the Services in a way that may create a conflict of interest for you or us, or undermine the purposes of the Services, such as
trading reviews with other users or writing or soliciting the creation of fictitious reviews;
use the Services to intentionally, recklessly or carelessly post, transmit, distribute, store or otherwise make available:
any material that violates or may violate applicable laws or the rights of others;
any viruses, Trojans, worms, logic bombs or other malicious or technologically harmful material;
any unsolicited or unauthorized advertisements, invitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other prohibited forms of solicitation or solicitation;
any material that infringes or may infringe any other person's copyrights, trademarks or other intellectual property;
any material that violates the privacy or personal rights of any other person, including the deceased;
any material defamatory, obscene, offensive, pornographic, hateful or inflammatory;
any material that constitutes a criminal, dangerous act or self-harm, encourages or provides instructions regarding it;
any material that is intentionally designed to provoke or antagonize people, in particular trolling and intimidation, or the purpose of which is to harass, harm, injure or cause them fear, anxiety, embarrassment or upset;
any material that contains any threats of any kind, including threats of physical violence;
any material that is racist or discriminatory, including discrimination based on someone's race, religion, age, gender, disability or sexuality;
any responses, comments, opinions, analyzes or recommendations for which you are not properly licensed or otherwise qualified;
any material that, in TikTok's sole judgment, is unacceptable or that restricts or inhibits any other person from using the Services, or that may expose TikTok, the Services or their users to any damage or liability of any kind.
In addition to the above, your access to and use of the Services must comply with our Community Policies at all times.
We reserve the right, at any time and without prior notice, to permanently or temporarily remove or suspend access to content if, in our sole opinion, it actually or potentially violates these Terms or our Community Policy, any third party rights (including intellectual property rights) applicable laws or regulations, or are otherwise detrimental to the Services, our users or third parties.
8.
Intellectual Property Rights
We respect intellectual property rights and ask that you respect them as well.
As a condition of accessing and using the Services, you agree not to infringe any person's intellectual property rights when using the Services.
For example, you agree not to post any content on the Services that is not your property.
9.
Content
TikTok content
In your relationship with TikTok, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photos, audio files, videos, music and the "look" of the Services, Platform and Application, and all intellectual property rights relating to them (hereinafter "TikTok Content") are owned by or licensed to TikTok, provided that you or your licensors own the User Content (as defined below) that is being uploaded or transferred through the Services.
Your use of the TikTok Content or other materials available on the Services for any purpose not expressly permitted under these Terms is strictly prohibited.
Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise used for any purpose without our prior express written consent or, where applicable, our licensors.
We and our licensors reserve absolutely and unconditionally all rights under the Services and TikTok Content not expressly granted in such content and materials.
You acknowledge and accept that we may generate revenue, increase goodwill or otherwise increase our benefits as a result of your use of the Services, including, without limitation,
through the sale of advertising, sponsorship, promotions, usage data and gifts, and - except as expressly permitted by us in these Terms or any other agreement you may enter into with us - that you are not entitled to a share of such income, goodwill or any kind of different value.
You further acknowledge that, except as expressly permitted by us in these Terms or any other agreement you may enter into with us, (i) you are not entitled to receive any income or other benefits from your User Content (defined below) or your use of music, sound recordings or audiovisual clips made available to you through the Services, including User Content created by you, and (ii) you may not exercise any rights to generate revenue or receive payment for User Content on the Services or on any website service a third party (including, but not limited to, YouTube, Facebook, Instagram, Twitter or other social media platforms) to the extent such User Content has been edited or otherwise altered through the Services (including through the use of TikTok Elements ( defined below)).
Subject to these Terms, we grant you a non-exclusive, restricted, non-transferable and non-sub-licensable, revocable global license to access and use the Services, including downloading the Platform to an authorized device, and to access TikTok Content for your personal, non-commercial use only. use by using the Services and only in accordance with these Terms.
TikTok reserves absolutely and unconditionally all rights in the TikTok Services and Content not expressly granted in these Terms.
You acknowledge and agree that any time your account or these Terms are deleted, this license granted to you for the Services will automatically terminate.
UNDER THESE TERMS AND CONDITIONS, WE DO NOT LICENSE YOU TO ANY LICENSE RELATING TO THE SOUND RECORDINGS (AND MUSIC WORKS INCLUDED IN THERE) THAT ARE AVAILABLE WITH OR THROUGH THE SERVICE.
You acknowledge and agree that you do so at your own risk when viewing content provided by others on the Services.
Content on our Services is provided for general information purposes only.
They do not constitute advice that should be relied upon.
You should obtain professional or specialist advice before taking or refraining from taking any action on the basis of the content of the Services.
We make no guarantees or warranties, express or implied, that any TikTok Content (including User Content) is correct, complete or current.
If the Services contain links to other sites or resources provided by a third party, those links are provided for informational purposes only.
We do not observe or control the content on these sites or on these resources, and you acknowledge and agree that we are not responsible for such content.
Such links should not be construed as our acceptance of the linked websites or information that you may obtain on or through them.
You acknowledge that we are under no obligation to pre-select, monitor, review or edit content posted by you and other users on the Platform (including User Content).
User Generated Content
Service Users may upload, view or upload (e.g.
through streams) or otherwise share content on the Services, including
any text, photos, videos, audio recordings and the musical works contained therein (including videos that contain locally stored audio recordings from your personal music library and background noise) that are transmitted or otherwise made available through the Services (hereinafter "Content User").
You acknowledge and agree that users of the Services may also extract all or any portion of User Content uploaded or otherwise made available by you through the Services in order to create additional User Content, including User Content created jointly with other users who connect and intertwine with User Content generated by you and other users.
Service Users may also apply music, graphics, stickers, Virtual Items (as defined in more detail in the Virtual Items Policy) and other elements provided by TikTok (hereinafter "TikTok Elements") in User Content, and transmit these User Content via the Services .
Information and materials in User Content, including User Content, that contain TikTok Elements have not been reviewed or approved by us.
Opinions expressed by other users about the Services (incl.
through the use of virtual gifts) do not represent our views and values.
Whenever you use a feature that allows you to upload or transmit User Content on the Services (including through certain social media platforms such as Instagram, Facebook, YouTube, Twitter) or to engage with other users of the Services, you must comply with the standards set out in section 7 above.
You may also upload or upload your User Content, including User Content, that contains TikTok Items to websites or platforms operated by third parties.
In this case, the content of their guidelines and the standards set out in point 9 above should be followed.
You warrant that any such contribution complies with these standards and that you will be responsible to us and hold us free from any breach of this warranty.
This means that you will be responsible for any loss or damage that we incur as a result of breach of warranty.
All User Content will be treated as non-confidential.
You may not post User Content on the Platform or on the Services, or submit User Content to us that you believe is confidential or proprietary to any other person.
By submitting User Content as part of the Services, you represent that you are the owner of the User Content in question, or that you have obtained all necessary permissions (including any necessary licenses), consent or authorization from the owner of any portion of your User Content submitted to submit it to the Services, to submit it to us. them from the Services to other third party platforms, and / or to otherwise use such User Content with or through the Services.
If you have rights to the audio recordings, but not to the underlying musical works embedded in such recordings, you may not upload such audio recordings on the Services or make them available in any way unless you have all the rights (including any necessary licenses), consent or authorization from the owner of any portion of the content concerned to submit it to the Services.
Unless expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in the User Content you submit to us, but by submitting User Content through the Services, you hereby grant (i) to us and our subsidiaries, agents, service providers, partners and other related third parties unconditional, irrevocable, non-exclusive, free, fully transferable (including sublicensable), perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works, publish and / or uploading, and / or distributing and authorizing other users of the Services and third parties to display, access, use, download, modify, adapt, reproduce, create derivative works from, publish and / or transmit your User Content in any format and on the free platform, whether known now or invented in the future; (ii) to other users of the Services an unconditional, irrevocable, non-exclusive, free, perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, download, publish and / or transmit, and / or distribute some or all of your User Content in in any format and on any platform, whether known now or invented in the future, to generate other User Content or to view your User Content for entertainment or other private, non-commercial purposes.
In addition, you grant us and our subsidiaries, agents, service providers, partners and other related third parties a royalty-free license to use your username, image, voice and likeness to identify you as the source of your User Content.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this section include, inter alia,
the right to reproduce sound recordings (and to perform mechanical reproduction of musical works recorded in such sound recordings) and to publicly perform and transmit sound recordings (and musical works recorded therein) to the public, all free of charge.
This means that you grant us the right to use your User Content without paying you or any third party license fees, including, but not limited to,
the owner of the copyrights to the sound recordings (eg.
record company), the owner of the copyright to the musical work (e.g.
a music publisher), an organization with the right to implement (e.g.
ASCAP, BMI, SESAC) (hereinafter "PRO"), PRO in the field of sound recordings (eg.
SoundExchange), any association or feature, as well as engineers, producers and other license fee participants involved (knowingly or not) in creating User Content.
Special provisions relating to works of music and recordings by artists.
If you are a composer or author of a musical work and are affiliated with a PRO, you must notify the PRO in question that you grant us a royalty-free license under these Terms for your User Content.
You are solely responsible for ensuring compliance with the relevant reporting obligations of the PRO and any other terms and conditions of the PRO that apply to you.
If you have assigned your rights to a music publisher, you must obtain the consent of the music publisher concerned to grant the free license set out in these Terms to your User Content or cause the music publisher to join these Terms with us.
The fact that you are the author of a musical work (e.g.
you wrote a song) does not mean that you are entitled to license us under these Terms.
If you are a studio artist who has signed a contract with a recording company, you are solely responsible for ensuring that your use of the Services complies with your contractual obligations to the recording company, including if you create new recordings through the Services for which your the record company may file a claim.
Rights "to the recipient".
All rights that you grant us to your User Content under these Terms are granted on a "recipient" basis, i.e. third party owners or service providers do not have separate liability to you or any other third party arising out of or related to the availability of your User Content through such third party services.
User Content Waiver.
By posting User Content on the Services, you waive any rights to prior control or approval of any marketing or promotional material related to such User Content.
You also waive (to the extent permitted by applicable law) any rights to privacy, publicity, or other rights of a similar nature in relation to User Content, or any part of those rights.
You hereby waive (to the extent permitted by applicable law) and agree never to assert any personal rights you may have with respect to User Content that you post or otherwise make available through the Services, or to support, maintain or permit any actions under such personal rights.
You also acknowledge and agree that, in certain circumstances, we also have the right to disclose your identity to a third party who believes that User Content that you post or upload to our Services violates their intellectual property rights or their right to privacy.
We, or any authorized third party, reserve the right to cut, crop, alter or decline publication of your content at our discretion or the discretion of such third party.
We reserve the right to reject, block or delete any publication on our Platform if, in our opinion, the publication does not comply with the content of the standards set out in section 7 ("Your Use of the Services") above.
In addition, we have the right - but not the obligation - at our discretion, to reject, block or remove any User Content (i) that we believe to be in breach of these Terms or (ii) in response to complaints from other users or third parties, upon prior notice. or without notice and without any liability to you.
As a result, we recommend that you keep a copy of any User Content that is posted on the Services on your personal device if you want to ensure that you always have access to a copy of such User Content.
We do not guarantee the accuracy, consistency, adequacy or quality of User Content, and we are not responsible for User Content under any circumstances.
You can control that your User Content is publicly available on the Services to all other users of the Services or only available to those you have approved.
To change your default access settings about how User Content is shared with other users, you must access the privacy settings on the Services and follow the simple and clear steps therein.
We have no liability whatsoever in relation to any content or information provided by users of the Services and posted by us or on our behalf on any of the Services or elsewhere by third parties.
If you wish to file a complaint about information and material submitted by other users, or if there is another issue that you wish to report to us, please contact us at https://www.tiktok.com/legal/report/reports.
Our employees are constantly involved in the development and evaluation of ideas and capabilities for our products, so we pride ourselves on paying special attention to the rights, opinions, comments and suggestions we receive from the user community.
If you would like to contribute to the development of the Platform by sending us or our employees ideas about products, services, functions, modifications, improvements, content, improvements, technology, content offer (e.g.
audio / visual material, games and other types of content), promotion, strategy or product / feature name or other related documents, graphics, computer codes, diagrams or other materials (collectively "Feedback"), then regardless of the records accompanying your The following terms will apply to Feedback, so that the status of such Feedback is clearly understood by both you and us.
In connection with the above, by sending us Feedback you confirm that:
we are under no obligation to review, consider or implement your Feedback, or to return it to you, in whole or in part, for any reason whatsoever;
Feedback is provided as non-confidential material and we are under no obligation to keep the Feedback confidential or refrain from using or disclosing it in any way; and
you irrevocably grant us an unconditional, irrevocable, non-exclusive, free, fully transferable (including sublicensable), perpetual, worldwide and unlimited license to adapt, reproduce, distribute, create derivative works, modify, publicly perform (incl.
on a "to the recipient" basis), to make public, make available to the public, or otherwise use and use the Feedback and derivative works for any purpose and without limitation, free of charge and without any attribution, including production, use, sale, offering to sell, import, and promote commercial products and services that contain Feedback, in whole or in part, whether received or modified.
10.
Indemnification
You agree to defend, indemnify and indemnify TikTok, its parent companies, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents and advisers against all claims, liabilities, costs, expenses and losses (including incl.
representation fees) arising out of or related to your (or any user of your account for any of the Services) breach of these Terms, including, but not limited to, breach of or related to breach of your obligations, representations and warranties.
11.
DISCLAIMER OF WARRANTIES
NO STATEMENT OF THESE TERMS AND CONDITIONS AFFECT ANY STATUTORY LAWS WHICH: (I) MAY NOT BE ABLE TO CHANGE OR WAIVER FROM THE CONTRACT; AND (II) WHICH YOU ARE ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS AND WE DO NOT GIVE YOU ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT THEM.
IN PARTICULAR, WE DO NOT REPRESENT OR GUARANTEE THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE;
ANY INFORMATION OBTAINED BY YOU FROM YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR ERROR-FREE; AND
FAULTS IN THE OPERATION AND FUNCTIONALITY OF THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS (INCLUDING ANY IMPLIED CONDITIONS RELATING TO SUITABLE QUALITY, SUCH AS SUITABILITY OR SUITABILITY SUCH AS SUITABILITY OR SUITABLE FOR THE PURPOSE .
WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME, WITHOUT NOTICE.
12.
LIMITATION OF LIABILITY
NO PROVISION OF THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
THIS APPLIES TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR NEGLIGENCE OF OUR EMPLOYEES, REPRESENTATIVES OR SUB-CONTRACTORS, AND BY FRAUD OR FALSE INFORMATION.
Subject to the above paragraph, we do not bear contractual, tort liability (taking into account negligence), under the Act or for any other title within or in connection with these conditions and the provision of services in the case of: (i) any loss of profit; (II) ANY LOSS OF REPTUATION; (III) ANY LOSS OF EARNINGS; (IV) ANY LOSS OF DATA; (V) ANY LOSS OF BUSINESS ACTIVITY; (VI) ANY INTERRUPTION IN THE CONDUCT OF BUSINESS ACTIVITY; (VII) ANY LOSS OF BUSINESS REPUTATION; OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSS, WHATSOEVER OF ITS NATURE.
Subject to the first paragraph of this item 12, our total total contractual, tort liability (including negligence), under the Act or for any other title under or in connection with these Terms AS FOLLOWS: (I) THE AMOUNT PAID BY YOU TO TIKTOK IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO YOUR CLAIM AGAINST TIKTOK; OR (II) € 100.00.
You acknowledge and accept the fact that, subject to the first paragraph of this point 12, we do not bear contractual, tort (including neglect), under the Act or for any other title for any obligations, losses, expenses (including legal costs) , CLAIMS FOR REIMBURSEMENT OR DAMAGE WHICH MAY BE LIABLE BY YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH: RELIEF ON COMPLETENESS, ACCURACY OR ANY REPRESENTATION FOR ANY REPRESENTATION UP IN THE SERVICES; ANY CHANGES WE MAY MAKE TO THE SERVICES OR PERMANENT OR TEMPORARY DISCONTINUATION OF THE SERVICES (OR ANY FUNCTIONS WITHIN THE SERVICES); DELETION, DAMAGE OR NON-STORAGE OF CONTENT OR OTHER DATA STORED OR TRANSMITTED BY YOU OR THROUGH THE USE OF THE SERVICES; NOT PROVIDING US CORRECT ACCOUNT DATA; OR SECURING YOUR PASSWORD OR ACCOUNT DETAILS.
PLEASE NOTE THAT WE PROVIDE OUR PLATFORM FOR HOME AND PRIVATE USE ONLY.
YOU AGREE NOT TO USE THE PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSE UNLESS WE HAVE EXPRESS WRITTEN PERMISSION.
If the defective digital content we provide causes damage to the device or digital content belonging to you, and it will be caused by our lack of due diligence and skills, we will fix the damage (in this case you will be responsible for compliance with our tips on the supply of the device to us or OUR SERVICE PROVIDERS) OR WE WILL PAY YOU APPROPRIATE COMPENSATION.
HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGES WHICH, IN OUR OPINION, COULD BE AVOIDED BY USING OUR RECOMMENDATIONS FOR THE UPDATES OFFERED FREE OF CHARGE OR FOR ANY DAMAGES WHICH HAVE OCCURRED FROM ANYTHING. YOUR EQUIPMENT DOES NOT MEET THE MINIMUM SYSTEM REQUIREMENTS RECOMMENDED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU APPLY, REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OR IF WE SHOULD BE AWARE OF THE POSSIBILITY OF SUCH LOSSES.
YOU ARE RESPONSIBLE FOR THE PAYMENT OF ANY TARIFF CHARGES THAT MAY APPLY TO THE USE OF OUR SERVICES, INCLUDING THE RECEIPT OF TEXT MESSAGES AND DATA SHIPMENT FEES.
IF YOU ARE UNSURE THE AMOUNT OF THESE FEES, PLEASE ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
13.
Other provisions
Governing Law and Jurisdiction.
Residents of the EEA and Switzerland.
These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter, shall be governed by the laws of Ireland, subject to any mandatory laws of the country in which you reside.
The United Nations Convention on Contracts for the International Sale of Goods and any other similar laws, regulations or laws in force in any other jurisdiction shall not apply.
You and TikTok agree that the courts of Ireland shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or creation, subject to applicable mandatory national laws Your domicile or choice of jurisdiction laws that cannot be changed by contract.
An alternative is to submit your dispute to another dispute resolution body via the European Online Dispute Resolution (ODR) platform.
British Residents.
These Terms and Conditions, and any dispute or claim (including non-contractual disputes and claims) arising out of or in connection with their subject matter, shall be governed by the laws of England and Wales.
The United Nations Convention on Contracts for the International Sale of Goods and any other similar laws, regulations or laws in force in any other jurisdiction shall not apply.
You and TikTok agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or creation.
An alternative is to submit your dispute to another dispute resolution body via the European Online Dispute Resolution (ODR) platform.
Open Source.
The application contains some open source software.
Each piece of open source software is subject to its own license terms, which can be found in the Open Source Policy.
Entire Agreement.
These Terms (including the Supplementary Terms below) constitute the entire legal agreement between you and TikTok and supersede any previous applicable Terms that governed the Services prior to the Last Updated date set out above.
No waiver.
A failure to insist on the exact application or compliance with any provision of these Terms (or failure to exercise any other right or remedy under these Terms) shall not be interpreted as a waiver of any provision or right under these Terms and will not constitute an obstacle or limitation to the further exercise of this or any other right or remedy.
Security.
You are responsible for configuring your information technology, computer programs and platform in order to access our Platform.
Use your own anti-virus software.
Severability.
If a court having jurisdiction over such matters makes a judgment that any provision of these Terms is incorrect, illegal or unenforceable, that provision will be removed from the Terms without affecting the rest of the Terms and the remaining provisions of the Terms will remain valid and enforceable.
Questions?
You can contact us at https://www.tiktok.com/legal/report/feedback.
Consequences of contract termination.
In the event of termination of a legally binding contract between you and us, the following provisions of the Terms will survive the termination of the contract:
Our right to use and disclose Feedback as described in section 9.
The rights of other users to continue sharing User Content and any other information you provide through the Services to the extent agreed by you prior to termination.
Any amounts owed by you to TikTok
Points 10, 11, 12 and 13.
Additional Terms - App Stores
To the extent permitted by applicable law, the following additional terms apply:
Apple Information.
By accessing the Platform using a device from Apple Inc. (
hereinafter referred to as "Apple"), in particular, you acknowledge and agree that:
These Terms apply to TikTok and you; Apple is not a party to these Terms.
The license granted under these Terms is limited to your personal, limited, non-exclusive, non-transferable right to install the Platform on an Apple device authorized by Apple that you own or control for personal, non-commercial use, subject to the Terms of Use set forth in the App Store Terms of Service Apple.
Apple is not responsible for the Platform or its content, and has no obligation to provide maintenance or technical support services with respect to the Platform.
In the event that the Platform does not comply with the applicable warranties, you must notify Apple and Apple will refund the purchase price of the Platform, if any.
To the maximum extent permitted by applicable law, Apple has no other warranty obligation in relation to the Platform.
Apple is not responsible for dealing with your or a third party's claims relating to the Platform or the possession or use of the Platform, including, but not limited to, (
a) claims regarding liability for product defects; (b) claims that the Platform fails to comply with any applicable legal or regulatory requirement; and (c) claims arising in the framework of consumer protection or similar legislation.
In the event that a third party claims that the Platform or your possession and use by you infringe the third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or enforcement of such intellectual property infringement claim.
You represent and warrant that (a) you are not in a country that is subject to a US government embargo or has been designated by the US government as a "terrorist support" country; and (b) You are not listed on any US Government Prohibited or Restricted Site List.
Apple and its affiliates are a third party beneficiary to these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
TikTok expressly permits 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 its successors), operated by Microsoft, Inc.
or its subsidiaries, you expressly acknowledge that:
You may install and use one copy of the Platform on up to five (5) Windows Phone devices that are associated with the Microsoft account you are using to access Windows Phone.
In addition to the above, we reserve the right to apply additional conditions or charge additional fees.
You acknowledge that Microsoft Corporation, the manufacturer and network operator of your telephone, has no obligation to provide maintenance and support services with respect to the Platform.
Amazon Appstore.
By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc.
or its subsidiaries (hereinafter "Amazon"), you expressly acknowledge that:
to the extent of any conflicts between (a) the Amazon Appstore terms of use or any other terms that Amazon shall define as the default license terms for an Amazon Appstore user (the "Amazon Appstore EULA Terms"), and (b) other terms and conditions in these Terms, the Terms The EULA of the Amazon Appstore applies to your use of the Platform and can be downloaded from the Amazon Appstore; and
Amazon is not responsible for compliance with or non-compliance by TikTok or you (or any other user) with these Terms or the Amazon Appstore EULA Terms.
Google Play.
By downloading the Platform from Google Play (or its legal successors) operated by Google, Inc.
or its subsidiaries (hereinafter "Google"), you expressly acknowledge that:
to the extent of any conflict between (a) the Google Play terms of use and the Google Play Business and Program Policy or any other terms that Google will refer to as the default user license terms for Google Play (hereinafter the "Google Play Terms"), and (b) other terms and the rules in these Terms, the Google Play Terms apply to your use of the Platform and can be downloaded from Google Play; and
You hereby acknowledge that Google is not responsible with respect to or any failure by TikTok or you (or any other user) to comply with these Terms or the Google Play Terms.