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TikTok — Terms of Service
| Snapshot 2026-05-21 00:06 UTC | Snapshot 2026-05-21 00:41 UTC | ||||
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| 6 | 6 | ||||
| 7 | Welcome to TikTok. | 7 | Welcome to TikTok. | ||
| 8 | 8 | ||||
| n | 9 | These Terms of Service (â **Terms** â) are an agreement between you and TikT | n | 9 | These Terms of Service (“ **Terms** ”) are an agreement between you and TikTok U |
| > | ok USDS Joint Venture LLC (â **TikTok USDS Joint Venture** ,â â **we** ,â | > | SDS Joint Venture LLC (“ **TikTok USDS Joint Venture** ,” “ **we** ,” or “ **us* | ||
| > | or â **us** â), the operator of the Platform in the United States, which g | > | * ”), the operator of the Platform in the United States, which governs your use | ||
| > | overns your use of or access to the Platform defined below. Please read these Te | > | of or access to the Platform defined below. Please read these Terms carefully. | ||
| > | rms carefully. | ||||
| 10 | 10 | ||||
| 11 | You form a contract with us when you accept these Terms or when you otherwise us | 11 | You form a contract with us when you accept these Terms or when you otherwise us | ||
| > | e or access the Platform. | > | e or access the Platform. | ||
| 12 | 12 | ||||
| 18 | 18 | ||||
| 19 | ## **1. What services are covered by these Terms** | 19 | ## **1. What services are covered by these Terms** | ||
| 20 | 20 | ||||
| n | 21 | These Terms govern your use of our services, which include TikTok applications, | n | 21 | These Terms govern your use of our services, which include TikTok applications, |
| > | websites, software (e.g. the TikTok embeddable media player), features, technolo | > | websites, software (e.g. the TikTok embeddable media player), features, technolo | ||
| > | gies, and related services (e.g. enabling third party search engines to surface | > | gies, and related services (e.g. enabling third party search engines to surface | ||
| > | public TikTok content), accessed or delivered via any platform or device (the â | > | public TikTok content), accessed or delivered via any platform or device (the “ | ||
| > | **Platform** â), except where we state that other terms apply. | > | **Platform** ”), except where we state that other terms apply. | ||
| 22 | 22 | ||||
| 23 | Any services you access through your TikTok For Business, TikTok Ads Manager and | 23 | Any services you access through your TikTok For Business, TikTok Ads Manager and | ||
| > | TikTok Business Center accounts are governed by the separate terms applicable t | > | TikTok Business Center accounts are governed by the separate terms applicable t | ||
| > | hereto. | > | hereto. | ||
| 24 | 24 | ||||
| 25 | **_In short: These Terms apply to your use of the Platform, except where we stat | 25 | **_In short: These Terms apply to your use of the Platform, except where we stat | ||
| > | e that other terms apply._** | > | e that other terms apply._** | ||
| 26 | 26 | ||||
| n | 27 | ## **2. Additional terms and policies that might apply depending on the service | n | 27 | ## **2. Additional terms and policies that might apply depending on the services |
| > | s you use** | > | you use** | ||
| 28 | 28 | ||||
| n | 29 | Your use of the Platform is also governed by our Privacy Policy  and Community | n | 29 | Your use of the Platform is also governed by our Privacy Policy and Community Gu |
| > | Guidelines . And, depending on the specific services you use, the additional te | > | idelines . And, depending on the specific services you use, the additional terms | ||
| > | rms and policies listed below or that are otherwise made available to you may ap | > | and policies listed below or that are otherwise made available to you may apply | ||
| > | ply (â **Additional Terms** â). If you use such services, the Additional Ter | > | (“ **Additional Terms** ”). If you use such services, the Additional Terms beco | ||
| > | ms become part of these Terms. If any specific provision of the Additional Terms | > | me part of these Terms. If any specific provision of the Additional Terms confli | ||
| > | conflicts with these Terms, the specific provision of the Additional Terms will | > | cts with these Terms, the specific provision of the Additional Terms will prevai | ||
| > | prevail with respect to your use of the applicable services. | > | l with respect to your use of the applicable services. | ||
| 30 | 30 | ||||
| 31 | - Music Terms: These terms apply when you post content on the Platform that incl | 31 | - Music Terms: These terms apply when you post content on the Platform that incl | ||
| > | udes music sourced from the music library or your personal device. | > | udes music sourced from the music library or your personal device. | ||
| 32 | 32 | ||||
| 56 | 56 | ||||
| 57 | To make the Platform more relevant and enjoyable for you, we customize parts of | 57 | To make the Platform more relevant and enjoyable for you, we customize parts of | ||
| > | your experience on the Platform to show you creators and content we think you wi | > | your experience on the Platform to show you creators and content we think you wi | ||
| > | ll be interested in, including ads and other content sponsored by or in collabor | > | ll be interested in, including ads and other content sponsored by or in collabor | ||
| > | ation with our creators and our partners **.** We customize what you see on the | > | ation with our creators and our partners **.** We customize what you see on the | ||
| > | Platform based on, for example, the users you follow and engage with, your inter | > | Platform based on, for example, the users you follow and engage with, your inter | ||
| > | ests and activity on the Platform, popularity of videos, diversity among content | > | ests and activity on the Platform, popularity of videos, diversity among content | ||
| > | , your device and account settings, and language preference. We may also customi | > | , your device and account settings, and language preference. We may also customi | ||
| > | ze your experience, including the ads you see on and off the Platform. Based on | > | ze your experience, including the ads you see on and off the Platform. Based on | ||
| > | the settings we offer, you may control how your information is used to inform th | > | the settings we offer, you may control how your information is used to inform th | ||
| > | e ads we show you. | > | e ads we show you. | ||
| 58 | 58 | ||||
| n | 59 | We want the platform to be a safe place, where people can be who they are and ha | n | 59 | We want the platform to be a safe place, where people can be who they are and ha |
| > | ve fun. To help protect you and others in our community, we work with our affili | > | ve fun. To help protect you and others in our community, we work with our affili | ||
| > | ates, service providers, and business partners who may use a mix of technology ( | > | ates, service providers, and business partners who may use a mix of technology ( | ||
| > | including through automated means), human moderation, and reports from our users | > | including through automated means), human moderation, and reports from our users | ||
| > | and others to identify suspected violations of these Terms, our Community Guide | > | and others to identify suspected violations of these Terms, our Community Guide | ||
| > | lines , and other conditions or policies. To do your part to help keep our commu | > | lines , and other conditions or policies. To do your part to help keep our commu | ||
| > | nity safe, you are encouraged to report any suspected violations through the rep | > | nity safe, you are encouraged to report any suspected violations through the rep | ||
| > | orting functionalities provided on the Platform or here . | > | orting functionalities provided on the Platform or here . | ||
| 60 | 60 | ||||
| 61 | **_In short: We operate the Platform for you and others, and we may work with ou | 61 | **_In short: We operate the Platform for you and others, and we may work with ou | ||
| > | r affiliates, service providers, and business partners. We customize parts of yo | > | r affiliates, service providers, and business partners. We customize parts of yo | ||
| > | ur experience on the Platform to make it more relevant and enjoyable for you. We | > | ur experience on the Platform to make it more relevant and enjoyable for you. We | ||
| > | may take steps to identify and take action against content that may violate our | > | may take steps to identify and take action against content that may violate our | ||
| > | Terms, Community Guidelines, and other conditions or policies, to protect you a | > | Terms, Community Guidelines, and other conditions or policies, to protect you a | ||
| > | nd others in our community._** | > | nd others in our community._** | ||
| 62 | 62 | ||||
| 66 | 66 | ||||
| 67 | To access the full functionality of the Platform, you must create an account wit | 67 | To access the full functionality of the Platform, you must create an account wit | ||
| > | h us. We may offer different types of accounts. | > | h us. We may offer different types of accounts. | ||
| 68 | 68 | ||||
| n | 69 | You represent and warrant that all information you provide to us when you create | n | 69 | You represent and warrant that all information you provide to us when you create |
| > | an account, and when you access and use the Platform, is and will remain comple | > | an account, and when you access and use the Platform, is and will remain comple | ||
| > | te and accurate. See our Help Center  for information about creating an account | > | te and accurate. See our Help Center for information about creating an account. | ||
| > | . | ||||
| 70 | 70 | ||||
| 71 | It is important that you take reasonable steps to keep your account password con | 71 | It is important that you take reasonable steps to keep your account password con | ||
| > | fidential and that you do not disclose it to any third party. If you know or sus | > | fidential and that you do not disclose it to any third party. If you know or sus | ||
| > | pect that any third party knows your password or has accessed your account, plea | > | pect that any third party knows your password or has accessed your account, plea | ||
| > | se let us know **here** . Do not give others access to your account, or transfer | > | se let us know **here** . Do not give others access to your account, or transfer | ||
| > | your account to anyone else, without our permission. | > | your account to anyone else, without our permission. | ||
| 72 | 72 | ||||
| 88 | 88 | ||||
| 89 | **_In short: If you are under 13 years of age, you cannot use the Platform unles | 89 | **_In short: If you are under 13 years of age, you cannot use the Platform unles | ||
| > | s you are using the Under 13 Experience. We will ban your account if we become a | > | s you are using the Under 13 Experience. We will ban your account if we become a | ||
| > | ware that you are under 13 and not using the Under 13 Experience. You must revie | > | ware that you are under 13 and not using the Under 13 Experience. You must revie | ||
| > | w these Terms and our Privacy Policy with your parent or guardian if you are und | > | w these Terms and our Privacy Policy with your parent or guardian if you are und | ||
| > | er 18._** | > | er 18._** | ||
| 90 | 90 | ||||
| n | 91 | ### **3.4 What you canât do on the Platform** | n | 91 | ### **3.4 What you can’t do on the Platform** |
| 92 | 92 | ||||
| n | 93 | These Terms and our Community Guidelines , apply to everyone and to all content | n | 93 | These Terms and our Community Guidelines , apply to everyone and to all content |
| > | on the Platform. If you want to use the Platform, you canât create, post, shar | > | on the Platform. If you want to use the Platform, you can’t create, post, share, | ||
| > | e, link to or otherwise interact with content in violation of them. | > | link to or otherwise interact with content in violation of them. | ||
| 94 | 94 | ||||
| 95 | For example, you must not use, or help anyone else use, the Platform to: | 95 | For example, you must not use, or help anyone else use, the Platform to: | ||
| 96 | 96 | ||||
| 102 | 102 | ||||
| 103 | - upload content in violation of applicable laws, including laws requiring the c | 103 | - upload content in violation of applicable laws, including laws requiring the c | ||
| > | onsent of individuals whose images appear in Your Content, or their legally auth | > | onsent of individuals whose images appear in Your Content, or their legally auth | ||
| > | orized representatives, | > | orized representatives, | ||
| 104 | 104 | ||||
| n | 105 | - upload viruses or malicious code, or do anything that could disable, overburde | n | 105 | - upload viruses or malicious code, or do anything that could disable, overburde |
| > | n, interfere with, or undermine, the Platformâs operations or security, | > | n, interfere with, or undermine, the Platform’s operations or security, | ||
| 106 | 106 | ||||
| 107 | - reverse engineer, disassemble, or decompile the Platform or any of its compone | 107 | - reverse engineer, disassemble, or decompile the Platform or any of its compone | ||
| > | nts, including its algorithms, code, or infrastructure, without explicit written | > | nts, including its algorithms, code, or infrastructure, without explicit written | ||
| > | authorization from TikTok USDS Joint Venture, | > | authorization from TikTok USDS Joint Venture, | ||
| 108 | 108 | ||||
| 110 | 110 | ||||
| 111 | - submit appeals, reports, notices or complaints which are unfounded, | 111 | - submit appeals, reports, notices or complaints which are unfounded, | ||
| 112 | 112 | ||||
| n | 113 | - scrape, crawl, export or otherwise extract any data or content in any form, fo | n | 113 | - scrape, crawl, export or otherwise extract any data or content in any form, fo |
| > | r any purpose, from the Platform using any automated system or software, includi | > | r any purpose, from the Platform using any automated system or software, includi | ||
| > | ng automated âbots,â except as approved in writing by TikTok USDS Joint Vent | > | ng automated “bots,” except as approved in writing by TikTok USDS Joint Venture, | ||
| > | ure, | ||||
| 114 | 114 | ||||
| n | 115 | - use or attempt to use another userâs account without authorization, | n | 115 | - use or attempt to use another user’s account without authorization, |
| 116 | 116 | ||||
| 117 | - use TikTok Content (as defined in Section 3.5), another user's content or gene | 117 | - use TikTok Content (as defined in Section 3.5), another user's content or gene | ||
| > | rative AI-enabled features for commercial purposes unless permitted by TikTok US | > | rative AI-enabled features for commercial purposes unless permitted by TikTok US | ||
| > | DS Joint Venture or the user, respectively (including via applicable account set | > | DS Joint Venture or the user, respectively (including via applicable account set | ||
| > | tings), | > | tings), | ||
| 118 | 118 | ||||
| 130 | 130 | ||||
| 131 | You represent and warrant that you have, and will continue to have, all necessar | 131 | You represent and warrant that you have, and will continue to have, all necessar | ||
| > | y rights in and to Your Content, including licenses, consents, and permissions n | > | y rights in and to Your Content, including licenses, consents, and permissions n | ||
| > | ecessary to create, post, input, and distribute Your Content on the Platform. Fo | > | ecessary to create, post, input, and distribute Your Content on the Platform. Fo | ||
| > | r the avoidance of doubt, this includes any music that you use which was not sel | > | r the avoidance of doubt, this includes any music that you use which was not sel | ||
| > | ected from the TikTok music library; learn more here . | > | ected from the TikTok music library; learn more here . | ||
| 132 | 132 | ||||
| n | 133 | Separately, we may make certain content available on the Platform for you to use | n | 133 | Separately, we may make certain content available on the Platform for you to use |
| > | in accordance with these Terms, including images, designs, videos, filters, tex | > | in accordance with these Terms, including images, designs, videos, filters, tex | ||
| > | t, music, or sounds (â **TikTok Content** â). We, or the rights holders of s | > | t, music, or sounds (“ **TikTok Content** ”). We, or the rights holders of such | ||
| > | uch content that let us provide it to you, retain all rights in and to the TikTo | > | content that let us provide it to you, retain all rights in and to the TikTok Co | ||
| > | k Content. | > | ntent. | ||
| 134 | 134 | ||||
| 135 | To provide the Platform, we need certain rights from you (called a license). | 135 | To provide the Platform, we need certain rights from you (called a license). | ||
| 136 | 136 | ||||
| 140 | - assignable and sub-licensable, including through multiple tiers (so we can, fo | 140 | - assignable and sub-licensable, including through multiple tiers (so we can, fo | ||
| > | r example, work with service providers and business partners to help distribute | > | r example, work with service providers and business partners to help distribute | ||
| > | Your Content); and | > | Your Content); and | ||
| 141 | - worldwide (so we can show your content to a global audience). | 141 | - worldwide (so we can show your content to a global audience). | ||
| 142 | 142 | ||||
| n | 143 | Our license to use Your Content includes our rights to access, reproduce (e.g. t | n | 143 | Our license to use Your Content includes our rights to access, reproduce (e.g. t |
| > | o copy), distribute, share, download, adapt or make derivative works (e.g. to tr | > | o copy), distribute, share, download, adapt or make derivative works (e.g. to tr | ||
| > | anslate and/or create captions), perform, and communicate Your Content to the pu | > | anslate and/or create captions), perform, and communicate Your Content to the pu | ||
| > | blic (e.g. to display it), **Â** for the purposes of operating, improving, and p | > | blic (e.g. to display it), for the purposes of operating, improving, and providi | ||
| > | roviding the Platform and developing new technologies (including training, testi | > | ng the Platform and developing new technologies (including training, testing, an | ||
| > | ng, and improving our machine learning models and algorithms) and services for T | > | d improving our machine learning models and algorithms) and services for TikTok | ||
| > | ikTok USDS Joint Venture and our service providers and business partners, consis | > | USDS Joint Venture and our service providers and business partners, consistent w | ||
| > | tent with these Terms and subject to your Platform settings. | > | ith these Terms and subject to your Platform settings. | ||
| 144 | 144 | ||||
| 145 | Depending on your Platform usage, including your sharing activities and settings | 145 | Depending on your Platform usage, including your sharing activities and settings | ||
| > | , you also grant to each user of the Platform a non-exclusive, royalty-free, per | > | , you also grant to each user of the Platform a non-exclusive, royalty-free, per | ||
| > | petual and irrevocable, worldwide license to use Your Content, including to acce | > | petual and irrevocable, worldwide license to use Your Content, including to acce | ||
| > | ss, reproduce (e.g. to copy), distribute, share, download, adapt or make derivat | > | ss, reproduce (e.g. to copy), distribute, share, download, adapt or make derivat | ||
| > | ive works (e.g. to include Your Content in their content), perform, and communic | > | ive works (e.g. to include Your Content in their content), perform, and communic | ||
| > | ate Your Content to the public (e.g. to display it), in accordance with these Te | > | ate Your Content to the public (e.g. to display it), in accordance with these Te | ||
| > | rms. | > | rms. | ||
| 146 | 146 | ||||
| 152 | 152 | ||||
| 153 | It is important that you understand the following with respect to the content th | 153 | It is important that you understand the following with respect to the content th | ||
| > | at you create, post or share on the Platform: | > | at you create, post or share on the Platform: | ||
| 154 | 154 | ||||
| n | 155 | - We may remove or restrict access to any content, including yours, whether publ | n | 155 | - We may remove or restrict access to any content, including yours, whether publ |
| > | icly or privately posted, for any reason, including if (a) it violates these Ter | > | icly or privately posted, for any reason, including if (a) it violates these Ter | ||
| > | ms, our Community Guidelines, or other conditions or policies, (b) it may cause | > | ms, our Community Guidelines, or other conditions or policies, (b) it may cause | ||
| > | harm to, or violate the rights of, our users, TikTok USDS Joint Venture, our af | > | harm to, or violate the rights of, our users, TikTok USDS Joint Venture, our aff | ||
| > | filiates, or other third parties, or (c) we are required to do so to comply with | > | iliates, or other third parties, or (c) we are required to do so to comply with | ||
| > | a legal requirement or court order, or are permitted to do so by law. Our Commu | > | a legal requirement or court order, or are permitted to do so by law. Our Commun | ||
| > | nity Guidelines further describe why content might be removed or restricted on t | > | ity Guidelines further describe why content might be removed or restricted on th | ||
| > | he Platform. | > | e Platform. | ||
| 156 | 156 | ||||
| n | 157 | - You can delete specific videos from the Platform at any time, or all of Your C | n | 157 | - You can delete specific videos from the Platform at any time, or all of Your C |
| > | ontent by deleting your account as described in Section 5 âSuspending or endin | > | ontent by deleting your account as described in Section 5 “Suspending or ending | ||
| > | g our relationship.â We will no longer publicly display your deleted content e | > | our relationship.” We will no longer publicly display your deleted content excep | ||
| > | xcept as provided in Section 3.5 âOwnership of content and grant of licensesâ | > | t as provided in Section 3.5 “Ownership of content and grant of licenses” (which | ||
| > | (which explains, for example, that Your Content will remain publicly accessibl | > | explains, for example, that Your Content will remain publicly accessible on the | ||
| > | e on the Platform if it has been incorporated into content posted by other users | > | Platform if it has been incorporated into content posted by other users). | ||
| > | ). | ||||
| 158 | 158 | ||||
| 159 | **_In short: We may remove or restrict access to Your Content, and you can delet | 159 | **_In short: We may remove or restrict access to Your Content, and you can delet | ||
| > | e Your Content, in accordance with this Section and our Community Guidelines._** | > | e Your Content, in accordance with this Section and our Community Guidelines._** | ||
| 160 | 160 | ||||
| 161 | ### **3.7 Posting Branded Content** | 161 | ### **3.7 Posting Branded Content** | ||
| 162 | 162 | ||||
| n | 163 | - If you post content on the Platform that promotes a third-party brand or its p | n | 163 | - If you post content on the Platform that promotes a third-party brand or its p |
| > | roducts or services in exchange for payment or any other incentive, you must com | > | roducts or services in exchange for payment or any other incentive, you must com | ||
| > | ply with the Branded Content Policy and all applicable laws and guidelines (incl | > | ply with the Branded Content Policy and all applicable laws and guidelines (incl | ||
| > | uding with respect to disclosures), including the U.S. Federal Trade Commissionâ | > | uding with respect to disclosures), including the U.S. Federal Trade Commission’ | ||
| > | s Endorsement Guides. | > | s Endorsement Guides. | ||
| 164 | 164 | ||||
| n | 165 | **_In short:_** _Where you post about a brand or its products or services in ret | n | 165 | **_In short:_** _Where you post about a brand or its products or services in ret |
| > | urn for payment or any other incentive, then you should read our Branded Content | > | urn for payment or any other incentive, then you should read our Branded Content | ||
| > | Policy and ensure you follow those rules and other_ **_applicable laws and guid | > | Policy and ensure you follow those rules and other_ **_applicable laws and guid | ||
| > | elines, including the U.S. Federal Trade Commissionâs Endorsement Guides._** | > | elines, including the U.S. Federal Trade Commission’s Endorsement Guides._** | ||
| 166 | 166 | ||||
| 167 | ### **3.8 Permissions you give TikTok USDS Joint Venture** | 167 | ### **3.8 Permissions you give TikTok USDS Joint Venture** | ||
| 168 | 168 | ||||
| 180 | 180 | ||||
| 181 | ### **3.9 Respecting the intellectual property rights of others** | 181 | ### **3.9 Respecting the intellectual property rights of others** | ||
| 182 | 182 | ||||
| n | 183 | We respect copyright and other intellectual property rights and expect for you t | n | 183 | We respect copyright and other intellectual property rights and expect for you t |
| > | o do the same. You agree to the terms of our Intellectual Property Policy . You | > | o do the same. You agree to the terms of our Intellectual Property Policy . You | ||
| > | can report suspected infringements of your intellectual property rights on the | > | can report suspected infringements of your intellectual property rights on the P | ||
| > | Platform here: | > | latform here: | ||
| 184 | 184 | ||||
| n | 185 | - Copyright:Â https://www.tiktok.com/legal/report/Copyright | n | 185 | - Copyright: https://www.tiktok.com/legal/report/Copyright |
| 186 | 186 | ||||
| n | 187 | - Trademark and Counterfeiting:Â https://www.tiktok.com/legal/report/Trademark | n | 187 | - Trademark and Counterfeiting: https://www.tiktok.com/legal/report/Trademark |
| 188 | 188 | ||||
| 189 | **_In short: You should read our Intellectual Property Policy and must follow th | 189 | **_In short: You should read our Intellectual Property Policy and must follow th | ||
| > | ose additional rules._** | > | ose additional rules._** | ||
| 190 | 190 | ||||
| 195 | Output is provided "as is" and is made available to you without any representati | 195 | Output is provided "as is" and is made available to you without any representati | ||
| > | ons or warranties of any kind, whether express or implied. You are responsible f | > | ons or warranties of any kind, whether express or implied. You are responsible f | ||
| > | or your Input and your use of Output, and for all consequences resulting therefr | > | or your Input and your use of Output, and for all consequences resulting therefr | ||
| > | om, and you agree that you will not use, attempt to use, or help anyone else use | > | om, and you agree that you will not use, attempt to use, or help anyone else use | ||
| > | or attempt to use, the Platform, including its generative AI-enabled features, | > | or attempt to use, the Platform, including its generative AI-enabled features, | ||
| > | in violation of these Terms. You understand that no contract or enforceable prom | > | in violation of these Terms. You understand that no contract or enforceable prom | ||
| > | ise between you and TikTok USDS Joint Venture can be created or modified by any | > | ise between you and TikTok USDS Joint Venture can be created or modified by any | ||
| > | Output, and you agree not to: | > | Output, and you agree not to: | ||
| 196 | 196 | ||||
| 197 | - Provide, create, or otherwise use Input or Output in a way that violates these | 197 | - Provide, create, or otherwise use Input or Output in a way that violates these | ||
| > | Terms, our Community Guidelines, or other conditions or policies or any applica | > | Terms, our Community Guidelines, or other conditions or policies or any applica | ||
| > | ble laws, or that infringes, violates or misappropriates the rights of TikTok US | > | ble laws, or that infringes, violates or misappropriates the rights of TikTok US | ||
| > | DS Joint Venture, our users, or any third party, | > | DS Joint Venture, our users, or any third party, | ||
| n | 198 | - Use generative AI-enabled features via any automated system or software, inclu | n | 198 | - Use generative AI-enabled features via any automated system or software, inclu |
| > | ding automated âbots," unless otherwise authorized, | > | ding automated “bots," unless otherwise authorized, | ||
| 199 | - Represent, imply or otherwise create an impression that your Output is human-g | 199 | - Represent, imply or otherwise create an impression that your Output is human-g | ||
| > | enerated or otherwise generated without the use of AI, including by removing, ob | > | enerated or otherwise generated without the use of AI, including by removing, ob | ||
| > | scuring, or altering any watermarks, content-authenticating metadata, or other m | > | scuring, or altering any watermarks, content-authenticating metadata, or other m | ||
| > | arking or disclosure applied to or associated with your Output, | > | arking or disclosure applied to or associated with your Output, | ||
| 200 | - Provide, create, or otherwise use Input or Output in a fraudulent manner or to | 200 | - Provide, create, or otherwise use Input or Output in a fraudulent manner or to | ||
| > | deceive, mislead or impersonate others, | > | deceive, mislead or impersonate others, | ||
| 201 | - Interfere with, disable, or circumvent any restrictions, filters, controls or | 201 | - Interfere with, disable, or circumvent any restrictions, filters, controls or | ||
| > | safety measures on our Platform, including our generative AI-enabled features. | > | safety measures on our Platform, including our generative AI-enabled features. | ||
| 204 | 204 | ||||
| 205 | ## **4. Limitation of liability** | 205 | ## **4. Limitation of liability** | ||
| 206 | 206 | ||||
| n | 207 | **The Platform is provided âas is.â We and our affiliates make no guarantees | n | 207 | **The Platform is provided “as is.” We and our affiliates make no guarantees tha |
| > | that the Platform, including its generative AI-enabled features, will be safe, | > | t the Platform, including its generative AI-enabled features, will be safe, secu | ||
| > | secure, and free from errors, or that it will function without interruption, del | > | re, and free from errors, or that it will function without interruption, delay o | ||
| > | ay or defect.** | > | r defect.** | ||
| 208 | 208 | ||||
| n | 209 | **To the maximum extent permitted by law: We and TT COMMERCE & GLOBAL SERVICES, | n | 209 | **To the maximum extent permitted by law: We and TT COMMERCE & GLOBAL SERVICES, |
| > | ALONG WITH EACH'S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, | > | ALONG WITH EACH'S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, | ||
| > | EMPLOYEES, AGENTS, AND ADVISORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMP | > | EMPLOYEES, AGENTS, AND ADVISORS, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMP | ||
| > | LIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU | > | LIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICU | ||
| > | LAR PURPOSE, TITLE, VALIDITY, REGISTRABILITY, AND NON-INFRINGEMENT, AND ANY WARR | > | LAR PURPOSE, TITLE, VALIDITY, REGISTRABILITY, AND NON-INFRINGEMENT, AND ANY WARR | ||
| > | ANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Users and others | > | ANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Users and others | ||
| > | are solely responsible for their content and use of the Platform. We are not re | > | are solely responsible for their content and use of the Platform. We are not re | ||
| > | sponsible for usersâ and othersâ actions or conduct (whether on or off the P | > | sponsible for users’ and others’ actions or conduct (whether on or off the Platf | ||
| > | latform) and we do not guarantee the accuracy, integrity, appropriateness, or qu | > | orm) and we do not guarantee the accuracy, integrity, appropriateness, or qualit | ||
| > | ality, of any content that users and others share on the Platform (including off | > | y, of any content that users and others share on the Platform (including offensi | ||
| > | ensive, inappropriate, obscene, unlawful, and other objectionable content). You | > | ve, inappropriate, obscene, unlawful, and other objectionable content). You ackn | ||
| > | acknowledge that we have no obligation to pre-screen, monitor, review, or edit a | > | owledge that we have no obligation to pre-screen, monitor, review, or edit any c | ||
| > | ny content posted by you or other users on the Platform.** | > | ontent posted by you or other users on the Platform.** | ||
| 210 | 210 | ||||
| 211 | **In addition to the limitation above, to the maximum extent permitted by law: W | 211 | **In addition to the limitation above, to the maximum extent permitted by law: W | ||
| > | E AND TT COMMERCE & GLOBAL SERVICES, ALONG WITH EACH'S AFFILIATES, AND EACH OF T | > | E AND TT COMMERCE & GLOBAL SERVICES, ALONG WITH EACH'S AFFILIATES, AND EACH OF T | ||
| > | HEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, MAKE NO RE | > | HEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, MAKE NO RE | ||
| > | PRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO YOUR US | > | PRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO YOUR US | ||
| > | E OF OUR GENERATIVE AI-ENABLED FEATURES AND OUTPUT. Your use of Output, and of o | > | E OF OUR GENERATIVE AI-ENABLED FEATURES AND OUTPUT. Your use of Output, and of o | ||
| > | ur generative AI-enabled features, is at your own risk, and to the maximum exten | > | ur generative AI-enabled features, is at your own risk, and to the maximum exten | ||
| > | t permitted by law, you bear all consequences of your use of Output. TikTok USDS | > | t permitted by law, you bear all consequences of your use of Output. TikTok USDS | ||
| > | Joint Venture does not endorse any content included in Output, and Output does | > | Joint Venture does not endorse any content included in Output, and Output does | ||
| > | not reflect our views, or those of our affiliates or personnel. You are responsi | > | not reflect our views, or those of our affiliates or personnel. You are responsi | ||
| > | ble for reviewing, verifying, and deciding how to use Output, and you should not | > | ble for reviewing, verifying, and deciding how to use Output, and you should not | ||
| > | rely on Output as a source of truth or fact, as a substitute for professional a | > | rely on Output as a source of truth or fact, as a substitute for professional a | ||
| > | dvice, or to inform decisions related to e.g., health, finance, or law. Due to t | > | dvice, or to inform decisions related to e.g., health, finance, or law. Due to t | ||
| > | he inherent limitations of generative AI, Output you generate may be inaccurate, | > | he inherent limitations of generative AI, Output you generate may be inaccurate, | ||
| > | incomplete, misleading, objectionable, inappropriate, unlawful, and unfit for a | > | incomplete, misleading, objectionable, inappropriate, unlawful, and unfit for a | ||
| > | particular purpose, and by using the Platform, including its generative AI-enab | > | particular purpose, and by using the Platform, including its generative AI-enab | ||
| > | led features, you recognize and assume this risk.** | > | led features, you recognize and assume this risk.** | ||
| 212 | 212 | ||||
| 238 | 238 | ||||
| 239 | Your use of these third-party applications and services is governed by their ter | 239 | Your use of these third-party applications and services is governed by their ter | ||
| > | ms and privacy policies, not ours. We make no commitments, warranties or represe | > | ms and privacy policies, not ours. We make no commitments, warranties or represe | ||
| > | ntations about the quality, security or integrity of third-party applications an | > | ntations about the quality, security or integrity of third-party applications an | ||
| > | d services you choose to use with the Platform. | > | d services you choose to use with the Platform. | ||
| 240 | 240 | ||||
| n | 241 | **_In short: We will always seek to provide you with a great and safe user exper | n | 241 | **_In short: We will always seek to provide you with a great and safe user exper |
| > | ience, but you take the Platform as it is and understand that we cannot guarante | > | ience, but you take the Platform as it is and understand that we cannot guarante | ||
| > | e that everything that is on the Platform, including Output, or that integrates | > | e that everything that is on the Platform, including Output, or that integrates | ||
| > | with it, is safe and complies with our policies. The Platform is provided âas | > | with it, is safe and complies with our policies. The Platform is provided “as is | ||
| > | is" and by using the Platform, you agree that our liability is limited to the fu | > | " and by using the Platform, you agree that our liability is limited to the full | ||
| > | llest extent permitted by applicable law._** | > | est extent permitted by applicable law._** | ||
| 242 | 242 | ||||
| 243 | ## **5. Suspending or ending our relationship** | 243 | ## **5. Suspending or ending our relationship** | ||
| 244 | 244 | ||||
| 245 | ### **5.1 Your rights** | 245 | ### **5.1 Your rights** | ||
| 246 | 246 | ||||
| n | 247 | If you delete your account, these Terms (as may be amended) will terminate as an | n | 247 | If you delete your account, these Terms (as may be amended) will terminate as an |
| > | agreement between you and us, except for obligations that remain in place which | > | agreement between you and us, except for obligations that remain in place which | ||
| > | by their nature should survive the termination of these Terms, including the ob | > | by their nature should survive the termination of these Terms, including the ob | ||
| > | ligations set out in: Section 3.5 âOwnership of content and grant of licenses, | > | ligations set out in: Section 3.5 “Ownership of content and grant of licenses,” | ||
| > | â Section 4 âLimitation of liability,â Section 5 "Suspending or ending our | > | Section 4 “Limitation of liability,” Section 5 "Suspending or ending our relatio | ||
| > | relationship," Section 7 âIndemnity,â Section 8 âResolving disputes,â a | > | nship," Section 7 “Indemnity,” Section 8 “Resolving disputes,” and Section 9 “Ot | ||
| > | nd Section 9 âOther.â Obligations under applicable legal requirements or cou | > | her.” Obligations under applicable legal requirements or court order will also r | ||
| > | rt order will also remain in place despite the termination. Instructions for how | > | emain in place despite the termination. Instructions for how to delete your acco | ||
| > | to delete your account are here . | > | unt are here . | ||
| 248 | 248 | ||||
| 249 | **_In short: We want you to stay, but note that if you delete your account, some | 249 | **_In short: We want you to stay, but note that if you delete your account, some | ||
| > | obligations under these Terms will survive._** | > | obligations under these Terms will survive._** | ||
| 250 | 250 | ||||
| n | 251 | ### **5.2 TikTok USDS Joint Ventureâs rights** | n | 251 | ### **5.2 TikTok USDS Joint Venture’s rights** |
| 252 | 252 | ||||
| 253 | We reserve the right, at any time and without prior notice, to ban or suspend yo | 253 | We reserve the right, at any time and without prior notice, to ban or suspend yo | ||
| > | ur account, or restrict your access to features of the Platform, at our sole dis | > | ur account, or restrict your access to features of the Platform, at our sole dis | ||
| > | cretion, including if: | > | cretion, including if: | ||
| 254 | 254 | ||||
| 260 | 260 | ||||
| 261 | If we have previously banned or suspended your account, but you use our Platform | 261 | If we have previously banned or suspended your account, but you use our Platform | ||
| > | again (for example, by opening another account), we are entitled to ban or susp | > | again (for example, by opening another account), we are entitled to ban or susp | ||
| > | end any such accounts. | > | end any such accounts. | ||
| 262 | 262 | ||||
| n | 263 | If you think we should not have banned or suspended your account, or restricted | n | 263 | If you think we should not have banned or suspended your account, or restricted |
| > | your access to features of the Platform, you may submit an appeal through the fu | > | your access to features of the Platform, you may submit an appeal through the fu | ||
| > | nctionalities provided on the Platform and we will review our decision. Learn m | > | nctionalities provided on the Platform and we will review our decision. Learn mo | ||
| > | ore here . | > | re here . | ||
| 264 | 264 | ||||
| n | 265 | If we permanently ban your accounts, these Terms (as may be amended) will termin | n | 265 | If we permanently ban your accounts, these Terms (as may be amended) will termin |
| > | ate as an agreement between you and us, except those obligations will remain in | > | ate as an agreement between you and us, except those obligations will remain in | ||
| > | place which by their nature should survive the termination of these Terms, inclu | > | place which by their nature should survive the termination of these Terms, inclu | ||
| > | ding the obligations set out in: Section 3.5 âOwnership of content and grant o | > | ding the obligations set out in: Section 3.5 “Ownership of content and grant of | ||
| > | f licenses,â Section 4 âLimitation of liability,â Section 5 "Suspending or | > | licenses,” Section 4 “Limitation of liability,” Section 5 "Suspending or ending | ||
| > | ending our relationship," Section 7 âIndemnity,â Section 8 âResolving dis | > | our relationship," Section 7 “Indemnity,” Section 8 “Resolving disputes,” and Se | ||
| > | putes,â and Section 9 âOther.â Obligations under applicable legal requirem | > | ction 9 “Other.” Obligations under applicable legal requirements or court order | ||
| > | ents or court order will also remain in place despite the termination. | > | will also remain in place despite the termination. | ||
| 266 | 266 | ||||
| 267 | **_In short: We can take actions related to your account as specified above._** | 267 | **_In short: We can take actions related to your account as specified above._** | ||
| 268 | 268 | ||||
| 272 | 272 | ||||
| 273 | Unless otherwise required by law, we will notify you of any material changes to | 273 | Unless otherwise required by law, we will notify you of any material changes to | ||
| > | these Terms and give you an opportunity to review them before they apply. Where | > | these Terms and give you an opportunity to review them before they apply. Where | ||
| > | we need to make urgent changes, for example, for security, safety, legal or regu | > | we need to make urgent changes, for example, for security, safety, legal or regu | ||
| > | latory reasons, we may not be able to provide you with advance notice, but we wi | > | latory reasons, we may not be able to provide you with advance notice, but we wi | ||
| > | ll let you know as soon as we are reasonably able to do so. | > | ll let you know as soon as we are reasonably able to do so. | ||
| 274 | 274 | ||||
| n | 275 | You agree to regularly review the Terms to stay informed of the latest changes, | n | 275 | You agree to regularly review the Terms to stay informed of the latest changes, |
| > | and to review the Terms whenever you receive a notice from us that the Terms hav | > | and to review the Terms whenever you receive a notice from us that the Terms hav | ||
| > | e been updated. The âLast Updatedâ date will reflect the effective date of t | > | e been updated. The “Last Updated” date will reflect the effective date of the T | ||
| > | he Terms. If you continue to use the Platform after any updated Terms are in eff | > | erms. If you continue to use the Platform after any updated Terms are in effect, | ||
| > | ect, you agree to be bound by the updated Terms. Such Terms supersede all prior | > | you agree to be bound by the updated Terms. Such Terms supersede all prior vers | ||
| > | versions of the Terms unless a particular provision of the updated Terms states | > | ions of the Terms unless a particular provision of the updated Terms states othe | ||
| > | otherwise. | > | rwise. | ||
| 276 | 276 | ||||
| 277 | You should print off or save a local copy of the Terms for your records. | 277 | You should print off or save a local copy of the Terms for your records. | ||
| 278 | 278 | ||||
| 280 | 280 | ||||
| 281 | ## **7. Indemnity** | 281 | ## **7. Indemnity** | ||
| 282 | 282 | ||||
| n | 283 | You agree to defend, indemnify, and hold harmless TikTok USDS Joint Venture and | n | 283 | You agree to defend, indemnify, and hold harmless TikTok USDS Joint Venture and |
| > | our affiliates, service providers, and business partners, including TT Commerce | > | our affiliates, service providers, and business partners, including TT Commerce | ||
| > | & Global Services and its affiliates, and each of their respective officers, dir | > | & Global Services and its affiliates, and each of their respective officers, dir | ||
| > | ectors, employees, agents and advisors from any and all claims, demands, damages | > | ectors, employees, agents and advisors from any and all claims, demands, damages | ||
| > | , injunctions, orders, awards, settlements, losses, liabilities, liens, encumbra | > | , injunctions, orders, awards, settlements, losses, liabilities, liens, encumbra | ||
| > | nces, causes of action, of every kind and character, costs (including attorneysâ | > | nces, causes of action, of every kind and character, costs (including attorneys’ | ||
| > | fees and other costs of arbitration, litigation, defense, or settlement), and | > | fees and other costs of arbitration, litigation, defense, or settlement), and e | ||
| > | expenses arising out of or relating to your use of the Platform under these Ter | > | xpenses arising out of or relating to your use of the Platform under these Terms | ||
| > | ms, including a breach of your obligations, representations and warranties under | > | , including a breach of your obligations, representations and warranties under t | ||
| > | these Terms. This provision and your indemnification obligations will survive a | > | hese Terms. This provision and your indemnification obligations will survive any | ||
| > | ny termination of your relationship with TikTok USDS Joint Venture and the expir | > | termination of your relationship with TikTok USDS Joint Venture and the expirat | ||
| > | ation or termination of these Terms, by either party. | > | ion or termination of these Terms, by either party. | ||
| 284 | 284 | ||||
| 285 | **_In short: You agree to defend, indemnify, and hold harmless certain entities | 285 | **_In short: You agree to defend, indemnify, and hold harmless certain entities | ||
| > | and individuals in accordance with the above._** | > | and individuals in accordance with the above._** | ||
| 286 | 286 | ||||
| 287 | ## **8. Resolving disputes** | 287 | ## **8. Resolving disputes** | ||
| 288 | 288 | ||||
| n | 289 | ### **8.1Â Informal resolution process first** | n | 289 | ### **8.1 Informal resolution process first** |
| 290 | 290 | ||||
| n | 291 | If we have a dispute with you relating to or arising out of these Terms or the P | n | 291 | If we have a dispute with you relating to or arising out of these Terms or the P |
| > | latform, regardless of when the dispute may have arisen or accrued, we will firs | > | latform, regardless of when the dispute may have arisen or accrued, we will firs | ||
| > | t try and resolve it with you amicably. You agree to do the same for us; our par | > | t try and resolve it with you amicably. You agree to do the same for us; our par | ||
| > | ents, subsidiaries, and affiliates; and TT Commerce & Global Services. In this s | > | ents, subsidiaries, and affiliates; and TT Commerce & Global Services. In this s | ||
| > | ection, (Section 8.1) the terms âTikTok USDS Joint Venture,â âwe,â or â | > | ection, (Section 8.1) the terms “TikTok USDS Joint Venture,” “we,” or “us” inclu | ||
| > | usâ include TikTok USDS Joint Venture, TT Commerce & Global Services, each of | > | de TikTok USDS Joint Venture, TT Commerce & Global Services, each of their paren | ||
| > | their parents, subsidiaries, and affiliates, and each of their respective offic | > | ts, subsidiaries, and affiliates, and each of their respective officers, directo | ||
| > | ers, directors, employees, agents and advisors. | > | rs, employees, agents and advisors. | ||
| 292 | 292 | ||||
| 293 | The party raising a dispute will initiate this process by notifying the other. W | 293 | The party raising a dispute will initiate this process by notifying the other. W | ||
| > | hichever party receives the notice will have 60 days to respond. If the dispute | > | hichever party receives the notice will have 60 days to respond. If the dispute | ||
| > | has not been resolved after the response time has expired, or within 30 days aft | > | has not been resolved after the response time has expired, or within 30 days aft | ||
| > | er a response has been issued, whichever is earlier, either party may file legal | > | er a response has been issued, whichever is earlier, either party may file legal | ||
| > | action against the other. Engaging in this informal dispute resolution process | > | action against the other. Engaging in this informal dispute resolution process | ||
| > | is a requirement that must be completed before filing any legal action. You, Tik | > | is a requirement that must be completed before filing any legal action. You, Tik | ||
| > | Tok USDS Joint Venture, and TT Commerce & Global Services agree that you will ma | > | Tok USDS Joint Venture, and TT Commerce & Global Services agree that you will ma | ||
| > | ke a good faith effort to resolve the dispute amicably before either you, TikTok | > | ke a good faith effort to resolve the dispute amicably before either you, TikTok | ||
| > | USDS Joint Venture, or TT Commerce & Global Services, along with each's affilia | > | USDS Joint Venture, or TT Commerce & Global Services, along with each's affilia | ||
| > | tes, and each of their respective officers, directors, employees, agents, and ad | > | tes, and each of their respective officers, directors, employees, agents, and ad | ||
| > | visors, files any legal action against the other, and that the statute of limita | > | visors, files any legal action against the other, and that the statute of limita | ||
| > | tions and any filing fee deadlines shall be tolled while the parties engage in t | > | tions and any filing fee deadlines shall be tolled while the parties engage in t | ||
| > | he informal dispute resolution process. | > | he informal dispute resolution process. | ||
| 294 | 294 | ||||
| n | 295 | ### **8.2Â Exclusive venue** | n | 295 | ### **8.2 Exclusive venue** |
| 296 | 296 | ||||
| 297 | These Terms and any claims, causes of action, of any kind or character, or deman | 297 | These Terms and any claims, causes of action, of any kind or character, or deman | ||
| > | d arising out of or relating to the Terms will be governed by the laws of the St | > | d arising out of or relating to the Terms will be governed by the laws of the St | ||
| > | ate of California, without regard to conflict of law principles. Any claim, caus | > | ate of California, without regard to conflict of law principles. Any claim, caus | ||
| > | e of action or dispute, arising out of or relating to these Terms or the Platfor | > | e of action or dispute, arising out of or relating to these Terms or the Platfor | ||
| > | m shall also be resolved exclusively in the U.S. District Court for the Central | > | m shall also be resolved exclusively in the U.S. District Court for the Central | ||
| > | District of California or the Superior Court of the State of California, County | > | District of California or the Superior Court of the State of California, County | ||
| > | of Los Angeles, regardless of whether the claim, cause of action, or dispute aro | > | of Los Angeles, regardless of whether the claim, cause of action, or dispute aro | ||
| > | se prior to your agreement to these Terms. You also agree to submit to the perso | > | se prior to your agreement to these Terms. You also agree to submit to the perso | ||
| > | nal jurisdiction of either of these courts for the purpose of litigating any suc | > | nal jurisdiction of either of these courts for the purpose of litigating any suc | ||
| > | h claim. | > | h claim. | ||
| 298 | 298 | ||||
| n | 299 | ### **8.3Â One year limitation period / limitation on legal ** ** action** | n | 299 | ### **8.3 One year limitation period / limitation on legal ** ** action** |
| 300 | 300 | ||||
| n | 301 | YOU AND TIKTOK USDS JOINT VENTURE AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR | n | 301 | YOU AND TIKTOK USDS JOINT VENTURE AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR |
| > | ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS | > | ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS | ||
| > | GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS OR THE | > | GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS OR THE | ||
| > | PLATFORM. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE | > | PLATFORM. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE | ||
| > | OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CL | > | OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLA | ||
| > | AIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED. | > | IM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED. | ||
| 302 | 302 | ||||
| 303 | **_In short: We hope we do not get into a dispute but, if we do, there are a cou | 303 | **_In short: We hope we do not get into a dispute but, if we do, there are a cou | ||
| > | ple of ways we can try to resolve it._** | > | ple of ways we can try to resolve it._** | ||
| 304 | 304 | ||||
| 306 | 306 | ||||
| 307 | These Terms and any applicable Additional Terms described above are the whole le | 307 | These Terms and any applicable Additional Terms described above are the whole le | ||
| > | gal agreement between you and TikTok USDS Joint Venture, govern your use of the | > | gal agreement between you and TikTok USDS Joint Venture, govern your use of the | ||
| > | Platform and completely replace any prior terms of service between you and TikTo | > | Platform and completely replace any prior terms of service between you and TikTo | ||
| > | k Inc. related to the Platform. Any rights and permissions granted in them, may | > | k Inc. related to the Platform. Any rights and permissions granted in them, may | ||
| > | not be transferred or assigned by you. Our rights and obligations under these Te | > | not be transferred or assigned by you. Our rights and obligations under these Te | ||
| > | rms are freely assignable by us without any requirement to notify you or any thi | > | rms are freely assignable by us without any requirement to notify you or any thi | ||
| > | rd party, in connection with a merger, acquisition, sale or disposition of asset | > | rd party, in connection with a merger, acquisition, sale or disposition of asset | ||
| > | s, sale or transfer of equity (whether by direct or indirect ownership) or by op | > | s, sale or transfer of equity (whether by direct or indirect ownership) or by op | ||
| > | eration of law or otherwise. | > | eration of law or otherwise. | ||
| 308 | 308 | ||||
| n | 309 | Our or your failure to enforce any provision of these Terms will not be construe | n | 309 | Our or your failure to enforce any provision of these Terms will not be construe |
| > | d as a waiver of any provision or right. If any portion of these Terms is found | > | d as a waiver of any provision or right. If any portion of these Terms is found | ||
| > | to be invalid or unenforceable, then the removal of that provision will be done | > | to be invalid or unenforceable, then the removal of that provision will be done | ||
| > | to the minimum extent required to make it enforceable under applicable law and t | > | to the minimum extent required to make it enforceable under applicable law and t | ||
| > | he remaining provisions will continue to have full force and effect. It will not | > | he remaining provisions will continue to have full force and effect. It will not | ||
| > | be considered a waiver of any provision or right if we or you fail to insist up | > | be considered a waiver of any provision or right if we or you fail to insist up | ||
| > | on or enforce any of these Terms. In these Terms, âincludeâ or âincludingâ | > | on or enforce any of these Terms. In these Terms, “include” or “including” means | ||
| > | means âincluding but not limited to.â | > | “including but not limited to.” | ||
| 310 | 310 | ||||
| 311 | The Platform contains certain open source software. Each item of open source sof | 311 | The Platform contains certain open source software. Each item of open source sof | ||
| > | tware is subject to its own applicable license terms, which can be found at Open | > | tware is subject to its own applicable license terms, which can be found at Open | ||
| > | Source Policy . | > | Source Policy . | ||
| 312 | 312 | ||||
| n | 313 | You agree that you will not access or use the Platform in a manner that violates | n | 313 | You agree that you will not access or use the Platform in a manner that violates |
| > | applicable laws and regulations, including anti-corruption, fraud, anti-money l | > | applicable laws and regulations, including anti-corruption, fraud, anti-money l | ||
| > | aundering and counter terrorist financing laws, and export control and economic | > | aundering and counter terrorist financing laws, and export control and economic | ||
| > | sanctions laws. Consistent with and in furtherance of this requirement, you agre | > | sanctions laws. Consistent with and in furtherance of this requirement, you agre | ||
| > | e that you will not use the content or value of the Platform for, or export, re- | > | e that you will not use the content or value of the Platform for, or export, re- | ||
| > | export, or transfer (in-country) the Platform, or use the Platform to export, re | > | export, or transfer (in-country) the Platform, or use the Platform to export, re | ||
| > | -export, or transfer (in-country) any information, software, commodity or other | > | -export, or transfer (in-country) any information, software, commodity or other | ||
| > | item (a) to any country or territory for which the United States, United Kingdom | > | item (a) to any country or territory for which the United States, United Kingdom | ||
| > | , European Union, Singapore or any other relevant jurisdiction requires an expor | > | , European Union, Singapore or any other relevant jurisdiction requires an expor | ||
| > | t license, (b) in violation of export controls or economic sanctions laws of any | > | t license, (b) in violation of export controls or economic sanctions laws of any | ||
| > | country, (c) to any country or territory against which comprehensive sanctions | > | country, (c) to any country or territory against which comprehensive sanctions | ||
| > | are imposed, administered, implemented and/or enforced by any relevant governmen | > | are imposed, administered, implemented and/or enforced by any relevant governmen | ||
| > | t authority or regulatory body, including, but not limited to Cuba, Iran, and No | > | t authority or regulatory body, including, but not limited to Cuba, Iran, and No | ||
| > | rth Korea, (d) to anyone listed on any list of sanctioned parties issued and mai | > | rth Korea, (d) to anyone listed on any list of sanctioned parties issued and mai | ||
| > | ntained by any relevant government authority or regulatory body, including but n | > | ntained by any relevant government authority or regulatory body, including but n | ||
| > | ot limited to the United Nations Security Council Consolidated Sanctions List, t | > | ot limited to the United Nations Security Council Consolidated Sanctions List, t | ||
| > | he EU Consolidated Financial Sanctions List, the U.S. Treasury Department's Offi | > | he EU Consolidated Financial Sanctions List, the U.S. Treasury Department's Offi | ||
| > | ce of Foreign Assets Control Consolidated Sanctions List, and the U.S. Departmen | > | ce of Foreign Assets Control Consolidated Sanctions List, and the U.S. Departmen | ||
| > | t of Commerce Denied Personâs List or Entity List, or (e) to support the devel | > | t of Commerce Denied Person’s List or Entity List, or (e) to support the develop | ||
| > | opment or production of a weapon of mass destruction or their means of delivery. | > | ment or production of a weapon of mass destruction or their means of delivery. Y | ||
| > | You further certify that (f) you are not located in, organized under the laws o | > | ou further certify that (f) you are not located in, organized under the laws of, | ||
| > | f, and/or ordinarily resident in a country or territory that is subject to compr | > | and/or ordinarily resident in a country or territory that is subject to compreh | ||
| > | ehensive sanctions, and (g) you are not designated on any government sanctions l | > | ensive sanctions, and (g) you are not designated on any government sanctions lis | ||
| > | ist and/or, (h) if an entity or organization, you are not directly or indirectly | > | t and/or, (h) if an entity or organization, you are not directly or indirectly 5 | ||
| > | 50% or more owned, controlled, or acting on behalf of any sanctioned entity. At | > | 0% or more owned, controlled, or acting on behalf of any sanctioned entity. At o | ||
| > | our sole discretion, we reserve the right to immediately suspend a user's use o | > | ur sole discretion, we reserve the right to immediately suspend a user's use of | ||
| > | f the Platform and/or terminate a user's account if we suspect fraud, money laun | > | the Platform and/or terminate a user's account if we suspect fraud, money launde | ||
| > | dering, terrorist financing, activities that violate anti-corruption, economic s | > | ring, terrorist financing, activities that violate anti-corruption, economic san | ||
| > | anctions or export control laws, or other illegal activity by the user. We will | > | ctions or export control laws, or other illegal activity by the user. We will no | ||
| > | not be liable for any loss or damage incurred by a user as a result of such susp | > | t be liable for any loss or damage incurred by a user as a result of such suspen | ||
| > | ension of the user and/or termination of the user's account. | > | sion of the user and/or termination of the user's account. | ||
| 314 | 314 | ||||
| t | 315 | The Platform and related documentation are "Commercial Items", as that term is d | t | 315 | The Platform and related documentation are "Commercial Items", as that term is d |
| > | efined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "C | > | efined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Co | ||
| > | ommercial Computer Software Documentation", as such terms are used in 48 C.F.R. | > | mmercial Computer Software Documentation", as such terms are used in 48 C.F.R. § | ||
| > | §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12. | > | 12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 | ||
| > | 212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial | > | or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Compu | ||
| > | Computer Software and Commercial Computer Software Documentation are being licen | > | ter Software and Commercial Computer Software Documentation are being licensed t | ||
| > | sed to U.S. Government end users (a) only as Commercial Items and (b) with only | > | o U.S. Government end users (a) only as Commercial Items and (b) with only those | ||
| > | those rights as are granted to all other end users pursuant to the terms and con | > | rights as are granted to all other end users pursuant to the terms and conditio | ||
| > | ditions herein. | > | ns herein. | ||
| 316 | 316 | ||||
| 317 | **_In short: These Terms are assignable by us. Even if there is a dispute about | 317 | **_In short: These Terms are assignable by us. Even if there is a dispute about | ||
| > | one part of the Terms, this does not change that we both agree that the rest of | > | one part of the Terms, this does not change that we both agree that the rest of | ||
| > | these Terms, as written, are the agreement between us._** | > | these Terms, as written, are the agreement between us._** | ||
| 318 | 318 | ||||