TikTokCell.com ("Website, App") are social networking services that allow members to create unique
personal profiles online in order to find and communicate with old and new friends. The Websites,
Apps are owned and operated by Viddi LLC, a Maryland entity ("Company"). By using the Websites, Apps
you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a
member ("Member"). If you wish to become a Member, communicate with other Members and make use of
any of the Websites, Apps, (the "Service"), please read this Agreement and indicate your acceptance
by following the instructions in the Registration process.
This Agreement sets out the
legally binding terms for your use of the Website, App and your Membership in the Service. The
Company may modify this Agreement from time to time and such modification shall be effective upon
posting by by the Company on the Website, App.
You agree to be bound to any changes to this Agreement when you use the Service after any such
modification is posted. This Agreement includes the Company's policy for acceptable use and content
posted on the Website, App, your rights, obligations and restrictions regarding your use of the
Website, App and the Service and the Company's Privacy Policy.
The Website, App reserves
the right, in its sole discretion, to reject, refuse to post or remove any posting (including email)
by you, or to restrict, suspend, or terminate your access to all or any part of the Website, App
and/or Services at any time, for any or no reason, with or without prior notice, and without
liability.
1) Your Interactions.
Please choose carefully the
information you post on the Website, App and that you provide to other Members. Any photographs or
other information posted by you may not contain nudity, violence, offensive and/or inflammatory
subject matter. Information provided by other Website, App Members (for instance, in their Profile)
may contain inaccurate, inappropriate or offensive material, products or services and the Company
assumes no responsibility or liability for this material. You are solely responsible for your
interactions and communication with other Members. You understand that the Website, App does not in
any way screen its Members, nor does the Website, App inquire into the backgrounds of its Members or
attempt to verify the statements of its Members. The Website, App makes no representations or
warranties as to the conduct of Members or their compatibility with any current or future Members.
We do however recommend that if you choose to meet or exchange personal information with any member
of the Website, App then you should take it upon yourself to do a background check on said
person.
2) Eligibility.
Membership in the Service is void
where prohibited. By using the Website, App and the Service, you represent and warrant that all
registration information you submit is truthful and accurate and that you agree to maintain the
accuracy of such information. App shall not violate any applicable law or regulation. Your profile
may be deleted without warning, if it is found that you are misrepresenting. Your Membership is
solely for your personal use, and you shall not authorize others to use your account, including your
profile or email address. You are solely responsible for all content published or displayed through
your account, including any email messages, and for your interactions with other members.
3) Term.
This Agreement shall remain in full force and effect while you use the
Website, App, the Service, and/or are a Member. You may terminate your membership at any time. The
Website, App may terminate your membership for any reason, effective upon sending notice to you at
the email address you provide in your Membership application or other email address as you may
subsequently provide to the Website, App.
4) Non Commercial Use by
Members.
The Website, App is for the personal use of Members only and may not be
used in connection with any commercial endeavors. Illegal and/or unauthorized use of the Website,
App, including collecting usernames and/or email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website,
App is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles without notice and may result in termination of membership
privileges. Appropriate legal action will be taken by the Website, App for any illegal or
unauthorized use of the Website, App. Member agrees that it shall indemnify and hold harmless the
Website, App for any unauthorized commercial use by Member not authorized by the Website, App.
Further details regarding the indemnification of the Website, App are contained
below.
5) Proprietary Rights in Content.
The Website,
App does not claim any ownership rights in the text, files, images, photos, video, sounds, musical
works, works of authorship, applications, or any other materials (collectively, "Content") that you
transmit, submit, display or publish ("post") on, through or in connection with the Website, App.
After posting your Content on, through or in connection with the Services, you continue to retain
any such rights that you may that Content marked "private" will not be distributed by the Website,
App outside the Website, App's Services. The Website, App shall not sell or otherwise distribute
your Content, email address, or any personal information outside of the Website, App's Services.
After you remove your Content from the Website, App's Services your Content shall be removed from
the Website, App.Notwithstanding the foregoing, you understand and agree that once Content is
distributed within the Website, App or incorporated into other aspects of the Website, App, the
Website, App is under no obligation to delete or ask other Users to delete that Content, and
therefore it may continue to appear and be used indefinitely within the Website, App.
The
license you grant to the Website, App is non-exclusive (meaning you are free to license your Content
to anyone else in addition to the Website, App), fully-paid and royalty-free (meaning that the
Website, App is not required to pay you or anyone else deriving rights from you for the use on the
Website, App's Services of the Content that you post), sub licensable (so that the Website, App is
able to use its affiliates, subcontractors and other partners such as Internet content delivery
networks and wireless carriers to provide the Website, App's Services), and worldwide (because the
Internet and the Website, App Services are global in reach).
You represent
and warrant that:
(i) you own the Content posted
by you through or in connection with the Website, App's Services, or otherwise have the right to
grant the license set forth in this Section 5.
(ii) the posting of your
Content on, through or in connection with the Website, App does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree
to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use
of any Content posted by you on or through the Website, App's Services.
The Website, App
contains Content of the Website, App ("the Website, App Content"). The Website, App Content is
protected by copyright, trademark, patent, trade secret and other laws, and the Website, App owns
and retains all rights in the Website, App Content and the Website, App's Services. The Website, App
hereby grants you a limited, revocable, license to reproduce and display the Website, App Content
(excluding any software code) solely for your personal use in connection with viewing the Website,
App and using the Website, App's Services.
The Website, App performs technical
functions necessary to offer the Website, App's Services, including, but not limited to, the
technical processing and transmission of email communications to perform the email service, and
trans coding and/or reformatting Content to allow its use throughout the Website, App's Services. In
addition, you agree and acknowledge that the Website, App may send messages including, but not
limited to, notifications, special offers, promotions, commercial advertisements, and marketing
materials, in connection with the Website, App's Services. You can control what type of
communications you receive from the Website, App's Services by logging into your account and
choosing the appropriate notifications settings or by following the unsubscribe instructions
contained at the bottom of commercial emails. The Website, App reserves the right to limit the
storage capacity of Content that you post on, through or in connection with the Website, App's
Services.
6) Content Posted on the
Site.
a. You understand and agree that the
Website, App may review and delete any content, messages, the Website, App's Messenger messages,
photos or profiles (collectively, "Content") that in the sole judgment of the Website, App violate
this Agreement or is defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive,
threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation
of third party privacy rights, or that constitutes hate speech or a personal
attack.
b. You are solely responsible for the Content that you
publish or display (hereinafter, "post") on the Service or any material or information that you
transmit to other Members.
c. By posting any Content to the public
areas of the Website, App, you hereby grant to the Website, App the non-exclusive, fully paid,
worldwide license to use, publicly perform and display such Content on the Website, App. This
license will terminate at the time you remove such Content from the Website, App or cease to be a
Member.
d. The following is a partial list of the kind of Content
that is illegal or prohibited on the Website, App. The Website, App reserves the right to
investigate and take appropriate legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the offending communication from the Service
and terminating the membership of such violators. Prohibited Content includes Content
that:
i. is patently offensive and promotes racism, bigotry,
hatred or physical harm of any kind against any group or
individual;
ii. harasses or advocates harassment of another
person;
iii. involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
iv. promotes
information that you know is false or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
v. promotes
an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files
vi. contains restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible
page);
vii. provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from anyone under
18;
viii. provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
ix. solicits passwords or personal identifying information
for commercial or unlawful purposes from other users;
x. involves
commercial activities and/or sales without our prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes.
e. You must use the
Service in a manner consistent with any and all applicable laws and
regulations.
f. You may not engage in advertising to, or
solicitation of, any Member to buy or sell any products or services through the Service.
Although the Website, App cannot monitor the conduct of its Members off the Website, App, it is also
a violation of these rules to use any information obtained from the Service in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect our Members from such advertising or
solicitation, the Website, App reserves the right to restrict the number of emails which a Member
may send to other Members in any 24-hour period to the number that the Website, App deems
appropriate in its sole discretion.
g. You may not cover or obscure
the banner advertisements on your personal profile page, or any the Website, App page via HTML/CSS
or any other means.
h. Any automated use of the system, such as
using scripts to add friends, is prohibited.
i. You may not attempt
to impersonate another user or person who is or is not a member of the Website,
App.
j. You may not use the account, username, or password of
another Member at any time nor may you disclose your password to any third party or permit any third
party to access your account.
k. You may not sell or otherwise
transfer your profile.
l. You may not submit any software or other material which contains a virus,
worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or
device.
7) Copyright Policy.
You may not post,
distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such proprietary rights. It
is the policy of the Website, App to terminate membership privileges of any member who repeatedly
infringes copyright upon prompt notification to the Website, App by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has
been copied and posted on the Service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the material that you
claim is infringing is located on the Website, App; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf. The Website, App's Copyright Agent for notice
of claims of copyright infringement can be reached via email address.
8)
Member Disputes.
You are solely responsible for your interactions with other
the Website, App Members. The Website, App reserves the right, but has no obligation, to monitor
disputes between you and other Members.
9)
Disclaimers.
The Website, App is not responsible for any incorrect or
inaccurate content posted on the Website, App or in connection with the Service provided, whether
caused by users of the Website, App, Members or by any of the equipment or programming associated
with or utilized in the Service. The Website, App is not responsible for the conduct, whether online
or offline, of any user of the Website, App or Member of the Service. The Website, App assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or
alteration of, any user or Member communication. The Website, App is not responsible for any
problems or technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email or players due to technical
problems or traffic congestion on the Internet or at any Website, App or combination thereof,
including any injury or damage to users and/or Members or to any person's computer related to or
resulting from participation or downloading materials in connection with the Website, App and/or in
connection with the Service. Under no circumstances shall the Website, App be responsible for any
loss or damage, including personal injury or death, resulting from use of the Website, App or the
Service or from any Content posted on the Website, App or transmitted to Members, or any
interactions between users of the Website, App, whether online or offline. The Website, App and the
Service are provided "AS-IS" and the Website, App expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. The Website, App cannot guarantee and does not promise any
specific results from use of the Website, App and/or the Service.
10)
Limitation on Liability.
IN NO EVENT SHALL THE WEBSITE, APP BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF
THE WEBSITE, APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, THE WEBSITE, APP'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO
THE WEBSITE, APP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
11)
Disputes with the Website, App
If there is any dispute about or involving
the Website, App and or the Service, by using the Website, App, you agree that any dispute shall be
governed by the laws of the area in which we are based without regard to conflict of law provisions
and you agree to personal jurisdiction by and venue in the area in which we are
based.
12) Links to Third Party Site.
The Service
contains links to Internet sites, applications and services maintained by third parties, over which
the Website, App has no control. The Website, App does not endorse the content, operators, products
or services of such sites, and the Website, App is not responsible or liable for the content,
operators, availability, accuracy, quality, advertising, products, services or other materials on or
available from such sites. The Website, App shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, products or services available on or through such sites. In some
cases, the Website, App may include certain embedded tools provided and controlled by third parties
and governed by the terms and policies of the third parties. You should only use these third party
tools if you agree to their respective terms and policies. The Website, App's Services include a
tool that allows you to sign in using information from your account with a third party service, such
as Facebook, Twitter, Google, Yahoo, Open ID, or LinkedIn. Please be aware that those third party
services are unrelated to the Website, App, and that your use of the third party services is subject
to the terms and policies of those services.
13)
Indemnity.
You agree to indemnify and hold the Website, App, its
subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your use of the Service in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and warranties set forth
above.
14) Other.
This Agreement is accepted upon your
use of the Website, App and is further affirmed by you becoming a Member of the Service. This
Agreement constitutes the entire agreement between you and the Website, App regarding the use of the
Website, App and/or the Service. The failure of the Website, App to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or provision. The section
titles in this Agreement are for convenience only and have no legal or contractual effect. Please
contact us with any questions regarding this Agreement.
15)
Miscellaneous.
These Terms of Use and Privacy Policy represent the entire
understanding of the parties regarding the use of the Services and supersede any previous documents,
correspondence, conversations, or other oral or written understanding related to the use of the
Services. These Terms of Use shall be governed by and construed under Maryland law, without regard
to its choice of law rules, and, where applicable, the laws of the United States. To the extent
permissible by law, any disputes under these Terms of Use or relating to the Services shall be
litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction
and venue, in the State of Maryland. A modification or waiver of a part of these Terms of Use shall
not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason
any provision of these Terms of Use is found unenforceable, that provision will be enforced to the
maximum extent permissible, and the remainder of the Terms of Use will continue in full force and
effect.
Information you provide:
Account
Information.
You register a phone number when you create a Tik Tok Cell account.
Phone
numbers are used to provide our Services to you and other Tik Tok Cell users. You may optionally add
other information to your account, such as a profile name and profile picture. This information is
end-to-end encrypted.
Contacts.
Tik Tok Cell can optionally discover
which contacts in your address book are Tik Tok Cell users, using a service designed to protect the
privacy of your contacts. Information from the contacts on your device may be cryptographically
hashed and transmitted to the server in order to determine which of your contacts are
registered.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.