TikToks On Demand Terms of Service
1. Acceptance of terms of service
Last updated: 4 January, 2023
1.1 TikToks OnDemand.com, (herein referred to as TikToks OnDemand, we, us or our) owns and operates certain web sites, including https://tiktoksondemand.com and makes available marketing and promotional services (the TikToks On demand Services). All use of TikToks On Demand Services is subject to the latest version of terms and conditions contained in this Terms of Service Agreement, as amended from time to time (Agreement). Please read this Agreement carefully. By accessing, browsing, or otherwise using the TikToks On Demand Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, or use TikToks On Demand Services
1.2 This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, supersedes all previous Agreement versions, except for existing separate agreements concluded in writting between the parties concerning such subject matter, and may be modified at any time without prior notice. Without prejudice to the foregoing, it is only the latest version of the Agreement which governs all the Content, including Content pieces created in the past. Any changes to this Agreement will be posted on this page and will indicate the latest revision. You may read a current, effective copy of this Agreement at any time by visiting https://tiktoksondemand/terms-of-service. Any such Agreement changes will become effective immediately upon their posting on this page. Continuation to browse TikToks On Demand websites and/or use TikToks On Demand services will constitute as your agreement to any changes made to the Agreement. Without prejudice to the foregoing, in the event of any conflict of terms found between this Agreement or any other terms and conditions, end user license agreements or privacy policies, the terms of this Agreement shall prevail.
1.3 Additional Terms. In addition, when using TikToks On Demand, you will be subject to any additional terms applicable to our services that may be posted on the TikToks On Demand websites and/or services from time to time, including without limitation, TikToks On Demand Privacy Policy located at https://tiktoksondemand/privacypolicy/ (the “Privacy Policy”), additional terms and conditions applicable to the Brands and Creators. All such terms and conditions are hereby incorporated by reference into this Agreement.
1.4 ARBITRATION. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 10 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TIKTOKS ON DEMAND ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED IN A COURT OF LAW.
TikToks On Demand Terms of Service
2. Introduction
2.1 The purpose of TikToks On Demand is to connect businesses (“Brands”) with the user community on social media (“Creators”) and enable social media marketing, user-generated content and other tasks: create and manage relationships, arrange products/services giveaways, enable user generated content purchases and distribution on social media; subject to compliance with these Terms of Service. In these Terms of Service, Brands and Creators are collectively and individually referred to as “users” or “you” as the context requires. Whenever Brand acts on behalf of its clients (e.g. Brand is agency which in turn represents it’s multiple clients, for whose benefit the Content is created), Creator and TikToks On Demand confirms that nothing in the Agreement restricts the Brand to share Content with Brand’s clients.
2.2 Your access to and use of TikToks On Demand is conditional upon your agreement and acceptance of these Terms of Service. Continuation to use TikToks On Demand is regarded as acceptance of these Terms of Service. If you do not wish to be bound by these Terms of Service, do not use the TikToks On Demand.
2.3 TikToks On Demand may at any time revise these Terms of Service by updating this page. Revisions will take immediate effect and may affect your ability to use TikToks On Demand. Since you are bound by these Terms of Use each time you use TikToks On Demand, you should check these Terms of Service for any revisions each time you use it and wherever prompted to do so. Your use of TikToks On Demand following the posting of any revisions to these Terms of Service constitutes your acceptance of those revisions.
TikToks On Demand Terms of Service
3. tiktoks on demand intellectual property
3.1 All TikToks On Demand materials are protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Service. Nothing in these Terms of Service will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the TikToks On Demand materials to a Brand or Creator.
3.2 All right, title and interest in all Intellectual Property Rights in all of TikToks On Demand brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on TikToks On Demand are the property of TikToks On Demand and will remain or be vested in TikToks On Demand at all times.
TikToks On Demand Terms of Service
4. FTC Requirements
4.1 FTC rules regarding testimonials in advertising do not apply to TikToks On Demand, thus the Brand is solely responsible for compliance with them.
4.2. To comply with the FTC rules regarding testimonials in advertising, all Brands are advised to follow the guidelines of the FTC, which can be found here.
4.3 FTC rules regarding testimonials in advertising apply to Creators to the extent that Creators are endorsing the Brand’s product. In practice this means that the Creators cannot make false or misleading statements as part of their endorsements and they must disclose material connections between them and the advertiser. There is no guarantee that any post submitted will be positive. All product reviews must reflect the Creator’s genuinely held beliefs.
TikToks On Demand Terms of Service
5. General terms
5.1 If TikToks On Demand is not capable of running as planned for any reason beyond the reasonable control of TikToks On Demand, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of TikToks On Demand, TikToks On Demand reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend TikToks On Demand.
5.2 No additional Creator or Brand originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on TikToks On Demand unless agreed by TikToks On Demand in writing and, in such case, if any terms and conditions in a Creator or Brand originating agreement or other terms and conditions are inconsistent with these Terms of Service, these Terms of Service shall prevail to the extent of any inconsistency.
5.3 If you are using TikToks On Demand on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and TikToks On Demand, superseding any prior agreements between you and TikToks On Demand. You will not assign any rights or obligations under these Terms of Service, in whole or in part, to any third party without the prior written consent of TikToks On Demand. Any attempt to do so shall be void. TikToks On Demand may assign its rights or obligations hereunder at its sole discretion.
5.4 If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Service without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
TikToks On Demand Terms of Service
6. Dispute resolution
6.1 Agreement to Arbitrate. This Section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and TikToks On Demand, whether relating to this Agreement (including any alleged breach thereof), the TikToks On Demand Services, any advertising, any aspect of the relationship between us, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and TikToks On Demand are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
6.2 YOU AND TIKTOKS ON DEMAND AGREE THAT WE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TIKTOKS ON DEMAND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
6.3 TikToks On Demand is always interested in resolving any disputes amicably and efficiently, and most concerns regarding TikToks On Demand and/or TikToks On Demand Services can be resolved quickly and to the user’s satisfaction by emailing customer support at info@tiktoksondemand.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to TikToks On Demand should be sent to 269 S. Beverly Drive, Suite 8, Beverly Hills, CA 9021 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If TikToks On Demand and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or TikToks On Demand may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TikToks On Demand or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TikToks On Demand is entitled.
6.4 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
6.5 If a court decides that any term or provision of this Arbitration Agreement other than Section 3 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any provision in Section 3 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
6.6 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, TikToks On Demand agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the TikToks On Demand Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
6.7 Unless expressly specified otherwise in the Agreement, the Agreement is governed by the Law of the State of California.
Contact + Help Details
Email: tiktoksondemand@teamgoventures.com
Address: 269 S. Beverly Drive, Suite 8, Beverly Hills, CA 9021