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  • Terms of Use

TERMS OF USE

Last updated: May 5th, 2024

1. Introduction; Your Agreement to these Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. THIS IS A BINDING CONTRACT.

Welcome to the Kiktag, A platform consisting of video-sharing, sharing what's happening around and live streaming website available at https://Kiktag.com, and its network of websites, software applications, or any other products or services offered by Kiktag (“Kiktag Services”). Other services offered by Kiktag may be subject to separate terms.

By creating a Kiktag account or using Kiktag Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Kiktag Services.

You shall be deemed to have agreed to all of the various terms in these Terms of Use due to your access to or continuing use of Kiktag Services. If you do not understand all of these Terms of Use, you should seek for legal opinions before agreeing to any of the Terms of Use.

You understand and acknowledge that when using Kiktag Services, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.

You further understand and acknowledge that you may be exposed to content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kiktag Services with respect thereto, and agree to indemnify and hold the Kiktag Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of Kiktag Services.

2. Ability to Accept Terms of Use

YOU AFFIRM THAT YOU ARE AT LEAST 16 YEARS OF AGE, EXCEPT IN CONDITIONS THAT YOU USE OUR LIVE STREAMING SERVICE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS OF USE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF USE. IF YOU ARE UNDER 16, YOU MAY ONLY USE Kiktag SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE.

YOU MAY ONLY USE OUR LIVE STREAMING SERVICE IF YOU ARE 18 YEARS OR OLDER, AND IF YOU ARE NOT SUBJECT TO STATUTORY AGE LIMIT TO ENTER INTO THIS AGREEMENT ACCORDING TO THE APPLICABLE LAWS AND REGULATIONS IN YOUR COUNTRY.

3. Paid Services

Some of Kiktag Services provided by us require payment ("Paid Services"), such as the digital contents used for exercising privileges, subscription services, etc. When you use such Paid Services, you will be required to pay the relevant charges to us. We will notify you in advance in the event any Kiktag Services that will or may be used by you in accordance with these Terms of Use will be a Paid Service. Access to a Paid Services is conditional upon you confirming your agreement to, and payment of, the relevant charges for such Paid Services. For avoidance of doubt, we shall be under no obligation to provide any Paid Services to you if you do not pay the charges for the same.

Paid Services can be purchased by credit cards, and when available, by debit cards, and are processed through our third-party Internet payment service providers. By purchasing any Paid Services through Kiktag Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. We will not be liable for any errors attributed by such third-party Internet payment service providers. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE. All purchases are payable in advance. We offer different products/services and packages you can choose from. We reserve the right to change service prices at any time, at our sole discretion and without liability to you. Any purchased Paid Service will not be available in your account in the event that your account is deleted by you or otherwise terminated in accordance with these Terms of Use.

PAYMENTS ARE NONREFUNDABLE. FOR PARTIALLY USE THERE ARE NO REFUNDS. However, we reserve the right (but not the obligation), at our sole discretion, to refund the purchased amount arising from a technical error.

4. User Generated Content

We encourage users to upload and distribute pictures and streaming live and pre-recorded audio-visual works, to use Kiktag Services, such as pictures or videos integration, chat, bulletin boards, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on Kiktag Services (“User Generated Content/UGC”).

Unless otherwise agreed to in a written agreement between you and Kiktag that was signed by an authorized representative of Kiktag, by broadcasting, publishing, posting, displaying, submitting and/or uploading any of its UGC in connection with Kiktag Services, you grant to Kiktag and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and/or compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such UGC (in whole or in part), and/or incorporate such UGC into existing or future forms of work, media or technology.

With respect to pictures and streaming live and pre-recorded audio-visual works, the rights granted by you terminate once you delete such UGC from Kiktag Services, or generally by deregistering your account, except (a) we used it for promotional purposes; and (b) for the reasonable time it takes to remove from backup and other systems.

You, not us, shall be solely responsible for your UGC, including its legality, reliability, accuracy and appropriateness, and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on Kiktag Services. We are not responsible, or liable to any third party, for the content or accuracy of any UGC made available by you or any other user of Kiktag Services. We do not control UGC you provide or contribute and we do not make any guarantee whatsoever related to UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.

You further agree that UGC you provide to Kiktag Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to Kiktag Services all of the license rights granted herein.

Kiktag Services do not endorse any UGC on it by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Kiktag Services expressly disclaims any and all liability in connection with UGC.

5. Idea Submission

By submitting ideas, suggestions, documents, and/or proposals (“Submissions”) to Kiktag or Kiktag Services or its employees, you acknowledge and agree that Kiktag or Kiktag Services shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

6. Kiktag Account and Security

If you interact with us or with third-party service providers, and you provide information, including account or payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. If you use Kiktag Services over mobile devices, you understand and acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

In order to open an account, you will be asked to provide us with certain information such as a mobile number and password.

You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your mobile phone, and for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to Kiktag Services or portions of it using your user name, password or other security information. You should notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Although Kiktag Services will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kiktag Services or others due to such unauthorized use.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

With respect to the Beans, a kind of digital content to measure a user’s receiving of gifts over Kiktag Services, though it may be cashed out to the bank account provided by you via a third party payment intermediary, we may determine to have your Beans balance on hold if you fail to log on to your Kiktag account for 30 consecutive days, in which case you agree to waive all your rights and interests arising from or in relation to Beans you have previously received. You acknowledge and agree that, for the purposes of optimizing Kiktag Services or anti-fraud actions, we may collect and store the transaction data of your paid purchases. To see more details, please refer to our Privacy Policy.

Kiktag Services may allow you to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites (such as YouTube, Twitter, Instagram, etc.). You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. In particular, Kiktag’s YouTube integration uses the YouTube API Services and that such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ). By using Kiktag YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms ).

You acknowledge that Kiktag has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.

Kiktag Services may permit you to register for and log on to Kiktag Services via certain third-party services (such as YouTube, Google, Twitter, Instagram, etc.). The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy. You can manage and revoke Kiktag YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.

Further information about how we collect, use and disclose your personal information when you link your Kiktag account with your account on any third-party service can be found in our Privacy Policy.

7. Respecting Copyright

Kiktag respects the intellectual property of others and follows the requirements set forth in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on Kiktag Services infringes upon your copyright, please submit a notice to us.

8. Trademark and License

We, Kiktag and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through Kiktag Services, such as trademarks, service marks, names or logos associated with third party content creators, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

The websites and certain materials available on or through Kiktag Services are content we own, created, authored, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and Kiktag Services.

Unless otherwise expressly stated in writing by Kiktag Services, by agreeing to these Terms of Use you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the Kiktag Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting or republishing any Works without prior written consent from us.

The above described license is conditioned on your compliance with these Terms of Use. If you breach any provision of these Terms of Use, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some content made available on Kiktag Services may be controlled by digital rights management technologies, which will restrict how you may use Kiktag Services. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.

9. Prohibited Conduct

You agree that you will only use Kiktag Services for the lawful purposes expressly permitted and contemplated by these Terms of Use. You acknowledge and understand that you are prohibited from modifying Kiktag Services or eliminating any of the content of Kiktag Services. You agree that you will not use or attempt to use any method, device, software or technologies to harm others or interfere with the functioning of Kiktag Services or use and/or monitor any information in or related to Kiktag Services for any unauthorized purpose.

10. Content Review, Action and Termination

To maintain our services in a manner we deem appropriate and to the maximum extent permitted by applicable laws, Kiktag Services may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by you, and we may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of Kiktag Services in an appropriate manner. Without limitation, we may do so to address UGC that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Use or any applicable additional terms.

Without limiting the foregoing, we may terminate or suspend your access to all or part of Kiktag Services for any or no reason, including without limitation, any violation, of you, of these Terms of Use. And we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through Kiktag Services.

However, we do not undertake to review UGC before it is posted on Kiktag Services, and cannot ensure prompt removal of objectionable UGC after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Kiktag Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to Kiktag Services;
  2. your violation of any term of these Terms of Use;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that your UGC caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of Kiktag Services. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

12. Disclaimers

You use Kiktag Services at your sole risk. We provide Kiktag Services "as is" and "as available". To the fullest extent permitted by law, Kiktag Services, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to Kiktag Services and goods or services purchased and obtained through Kiktag Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of Kiktag Services.

We make no warranty or representation about the accuracy or completeness of Kiktag Services’ content or the content of any sites linked to Kiktag Services or that Kiktag Services will meet your requirements and assume no liability or responsibility for any

  1. errors, mistakes, or inaccuracies of content;
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the websites or our services;
  3. any unauthorized access to or use of our servers and/or any and all personal information stored therein;
  4. any bugs, viruses, trojan horses, or the like which may be transmitted to or through Kiktag Services or our services by any third party;
  5. any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via Kiktag Services or our services; and
  6. disputes between you and another user of Kiktag Services.

13. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Kiktag’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, SERVICE INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER ECONOMIC LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF USE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.

YOU SPECIFICALLY ACKNOWLEDGE THAT Kiktag SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

14. Choice of Law and Disputes Resolution

These Terms of Use shall be governed by and construed in accordance with the laws, without regard to choice of law principles. Should a dispute arise between the parties in connection with these Terms of Use, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after commencement of such friendly consultations. To make a request, please go here.

15. Modification

Kiktag may amend any of the terms of these Terms of Use by posting the terms. We will also update the “Last Updated” date at the top of these Terms of Use, which reflects the effective date of such Terms of Use. Your continued access to or use of Kiktag Services after the date of the updated term of use constitutes your acceptance of the updated Terms of Use. If you do not agree to the updated Terms of Use, you must stop accessing or using Kiktag Services.

16. Miscellaneous

If we fail to exercise or enforce any right or provision of these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the relevant party.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kiktag without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.

Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

The Terms of Use, our Privacy Policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to Kiktag Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Kiktag Services.

The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use may be provided in different languages, if any inconsistency exists between different language versions, the English version shall prevail.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on Kiktag Services, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Use, you will no longer have a right to access your account or your UGC. We will not have any obligation to assist you in migrating your data or your UGC and we may not keep any back up of any of your UGC. We will not be responsible for deleting your UGC. Note that, even if your UGC is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back up your UGC), and subject to the licenses set forth in these Terms of Use.

If you have any feedback, comments, requests for technical support relating to the Kiktag Services, please send to [email protected].