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Terms of Use
Effective Date: August 1, 2019
These Terms of Use ("Terms") govern your access to and use of TikTrak's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms of Use and by our Privacy Policy and Community Guidelines.1. Using TikTraka. Who can use TikTrak
You may use our Products only if you can form a binding contract with TikTrak, and only in compliance with these Terms and all applicable laws. When you create your TikTrak account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.b. Our license to you
Subject to these Terms and our policies (including our Privacy Policy and Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.2. Your Contenta. Posting content
TikTrak allows you to post content, including lists, notes, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to TikTrak.b. How TikTrak can use your content
You grant TikTrak a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, and distribute your User Content on TikTrak solely for the purposes of operating, developing, providing, and using the TikTrak Products. Nothing in these Terms shall restrict other legal rights TikTrak may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from TikTrak, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make TikTrak more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, TikTrak does not waive any rights to use similar or related Feedback previously known to TikTrak, or developed by its employees, or obtained from sources other than you.3. Copyright PolicyTikTrak has adopted and implemented the TikTrak Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.4. SecurityWe care about the security of our users. While we work to protect the security of your content and account, TikTrak cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.5. Third-Party Links, Sites, and ServicesOur Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by TikTrak. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from TikTrak, you do so at your own risk and you agree that TikTrak will have no liability arising from your use of or access to any third-party website, service, or content.6. TerminationTikTrak may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.7. IndemnityIf anyone brings a claim against us related to your actions, content or information on TikTrak, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.8. DisclaimersThe Products and all included content are provided on an "as is" basis without warranty of any kind, whether expressed or implied.TikTrak SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.TikTrak takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.9. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, TikTrak SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TikTrak'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).10. ArbitrationFor any dispute you have with TikTrak, you agree to first contact us and attempt to resolve the dispute with us informally. If TikTrak has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and TikTrak agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that TikTrak will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TikTrak ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.11. Governing Law and JurisdictionThese Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Los Angeles County, California or the United States District Court for the Southern District of California, for any actions not subject to Section 10 (Arbitration).Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.12. General TermsNotification Procedures and changes to these Terms. TikTrak reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TikTrak without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with TikTrak in connection with the Products, shall constitute the entire agreement between you and TikTrak concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TikTrak's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Privacy Policy
Effective Date: August 1, 2019
We wrote this policy to help you understand what information we collect, how we use it, and what choices you have regarding your information. We welcome your questions and comments on this policy.What information do we collect?We collect information in two ways:1. When you give it to us or give us permission to obtain it.When you sign up for or use our products, you voluntarily give us certain information. This can include your name, profile photo, comments, likes, the email address you used to sign up, and any other information you provide us.You also may give us permission to access your information in other services. For example, you may link your Instagram accounts to TikTrak, which allows us to obtain information from those accounts (e.g., your followers). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.2. We get technical information when you use our products.Whenever you use a website, mobile application, or other Internet services, there's certain information that is created and recorded in an automated way. The same is true when you use our products, and here are some of the types of information we collect in this way.Log Data. When you use TikTrak, our servers automatically record information about your interaction with our products ("log data"), including information that your browser sends whenever you visit a website or your mobile app sends when you use it to access TikTrak. This log data may include your Internet Protocol address, the address of the web page you were visiting before you came to TikTrak, browser type and settings, the date and time of your request, and how you used TikTrak.Depending on how you're accessing our products, we may use "cookies" (a small text file sent by your computer each time you visit our website, unique to your TikTrak account or your browser), or similar technologies to record log data. When we use cookies, we may use "session" cookies (that last until you close your browser) or "persistent" cookies (that last until you or your browser delete them). For example, we may use cookies to store your language preferences or other TikTrak settings so you don't have to set them up every time you visit TikTrak.Device Information. In addition to log data, we may also collect information about the device you're using TikTrak on, including what type of device it is, what operating system you're using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you're using and its settings. For example, different types of information are available depending on whether you're using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.How do we use the information we collect?We use the information we collect to provide our products to you and make them better, develop new products, and protect TikTrak and our users. For example, we may log how often people use two different versions of a product, which can help us understand which version is better.We also use the information we collect to:Send you updates (such as when certain activity, like campaign posts, happens on TikTrak), newsletters, marketing materials and other information that may be of interest to you. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).Respond to your questions or comments.The information we collect may be "personally identifiable" (meaning it can be used to specifically identify you as a unique person) or "non-personally identifiable" (meaning it can't be used to specifically identify you). We use both types of information, and combinations of both types, as described above. We may use or store information wherever TikTrak does business, including countries outside your own.What choices do you have about your information?Our goal is to give you simple and meaningful choices over your information. If you have a TikTrak account, many of the choices you have on TikTrak are built directly into the product or your account settings. For example, you can:Access and change information in your profile page at any time;Link or unlink your TikTrak account from an account on another service (i.e., TikTok).Close your account at any time. When you close your account, we'll deactivate it and remove your data from TikTrak. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam).You may have choices available to you through the device or software you use to access TikTrak. For example:The browser you use may provide you with the ability to control cookies or other types of local data storage;Your mobile device may provide you with choices around how and whether location or other data is shared with us.To learn more about these choices, please see the information provided by the device or software provider.How do we share the information we collect?There are some limited instances where we may share your personal information. These include:When we have your consent. This includes sharing information with other services (like TikTok) when you’ve chosen to link to your TikTrak account to those services or publish your activity on TikTrak to them.We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we may share data with a security consultant to help us get better at identifying spam or with our accountants to make sure we’re keeping the books right. In addition, some of the information we request may be collected by third party providers on our behalf.If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or TikTrak; or to detect, prevent, or otherwise address fraud, security or technical issues.We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.We may also share aggregated or non-personally identifiable information with our partners or others. For example, we may tell a business using TikTrak how many other people use our service.Our Policy on Children’s InformationTikTrak is not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us.How do we make changes to this policy?We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use TikTrak after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or obtain your consent as required by law.
Community Guidelines
Effective Date: August 1, 2019
To keep TikTrak running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Community Guidelines (as well as our Terms of Use and Privacy Policy).You agree not to post User Content that:
is sexually explicit or pornographic;
creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
violates, or encourages any conduct that violates laws or regulations;
contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
is fraudulent, false, misleading, or deceptive.
You agree not to engage in any of the following prohibited activities:
Use, display, mirror or frame the Service, any individual element within the Service, the TikTrak name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any TikTrak system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TikTrak or any of our providers or any other third party (including another user) to protect the Services or TikTrak Content;
Attempt to access or search the Services, User Content or TikTrak Content or scrape or download User Content or TikTrak Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by TikTrak or other generally available third party web browsers;
Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other forms of solicitation;
Use any meta tags or other hidden text or metadata utilizing a TikTrak trademark, logo, URL, or product name without TikTrak's express written consent;
Use TikTrak user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; other forms
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Request, collect or store username, password, token or any other account authentication information from other users; or
Encourage or enable any other individual to do any of the activities prohibited in our Community Guidelines.
TikTrak reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that TikTrak believes violates this Community Guidelines or its Terms of Use or Privacy Policy. TikTrak may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in TikTrak's sole determination, a User violates any provision of our Community Guidelines, Terms of Use, Privacy Policy, or for no reason.