Note that Apple is not a sponsor of Tick Tock and is not involved in any way with the games, contests, or sweepstakes offered by Tick Tock.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 15.
1. Acceptance of terms
Tick Tock may issue additional terms, rules and conditions of participation in particular games or contests. For example, Tick Tock may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such games or contests.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
By joining a game or entering a contest, you are representing and warranting that:
- you are 17 years of age or older;
- you are a citizen or resident of the United States of America and that you have an address in the United States of America;
- at the time of game entry you are physically located in the United States of America or in a jurisdiction in which participation in the game or contest is not prohibited by applicable law;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
If Tick Tock determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Tick Tock may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If Tick Tock otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Tick Tock may have in law or equity, Tick Tock reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Tick Tock may pay out any withheld or revoked prizes to the other entrants in the relevant game or contest in a manner consistent with the prize structure of the game or contest, to be precisely determined by Tick Tock in its sole discretion. Tick Tock also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts. Tick Tock employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Tick Tock consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with Tick Tock does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Tick Tock intends to offer proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s use of Tick Tock.
4. Conditions of participation
In order to participate in a game or contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Tick Tock has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Tick Tock may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Tick Tock determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Tick Tock may have, Tick Tock reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You agree that the sole and specific purpose of creating an account on Tick Tock is to participate in games or contests on the Service. Tick Tock shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are participating in games or contests for any inappropriate purpose. In such circumstances, we may also report such activity to relevant authorities.
4.2 Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Tick Tock in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Tick Tock of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Tick Tock cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Tick Tock is authorized to act on instructions received through the use of your Username and Password, and that Tick Tock may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Tick Tock may require you to change your Username or may unilaterally change your Username.
4.3 Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from Tick Tock. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
4.4 Disqualification and Cancellation
Tick Tock also reserves the right to cancel games or contests, in our sole discretion, without any restrictions.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Tick Tock corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Tick Tock reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
The failure of Tick Tock to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Tick Tock (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
4.5 Verification of Accounts
By entering a game or contest, you agree to provide us with a valid mailing address, date of birth and social security number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to participate in games and contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your winnings at any time and for any reason.
Player winnings after games or contests are finished are held in a separate, segregated bank account by a subsidiary of Tick Tock. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Tick Tock may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account, and checks issued from that account may bear the name of Tick Tock’s subsidiary.
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Tick Tock. These details will be used to allow Tick Tock to comply with tax regulations and may be shared with appropriate tax authorities. You, not Tick Tock, are responsible for filing and paying applicable state and federal taxes on any winnings. Tick Tock does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
By entering a game or contest, you consent to Tick Tock’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Tick Tock contests and Tick Tock generally, unless otherwise prohibited by law. Tick Tock and its business partners reserve the right to make public statements about the entrants and winner(s) on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Tick Tock may announce any winner’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Tick Tock or other contests or games operated by Tick Tock. You agree that participation in and (where applicable) the winning of a prize in connection with a game or contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5. Game Rules
5.1 Game of Skill
Tick Tock is a game of skill. Winners are determined by the criteria stated in each game or contest’s rules. For each game or contest, winners are determined by the individuals who best use their skill in accumulating and placing bids throughout the game or contest.
5.2 Entry fees
There are no entry fees required to play Tick Tock; games and contests are free to play. When you opt to participate in a game or contest, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Tick Tock’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Tick Tock reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
After each game or contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players who win each game or contest, or place high enough on the various leaderboards to earn prizes, and comply with eligibility requirements and applicable rules will win prizes as set out in the posted game or contest details. Prizes are added to the winning player’s account balance. In the event of a tie, the prize is awarded to the player who achieved the result earlier in time, unless otherwise specified.
Prize calculations are based on the results as of the time when final scoring is tabulated by Tick Tock. Once winners are initially announced by Tick Tock, the scoring results will not be changed, though we reserve the right to make adjustments based on errors or irregularities in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Tick Tock has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of a game or contest is challenged by any legal authority, Tick Tock reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Tick Tock games or contests, Tick Tock is the sole judge and its actions are final and binding.
Winners are generally posted on the Site after the conclusion of each game or contest within twenty-four hours of the completion of that game or contest. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner’s names for each competition period may be obtained by emailing email@example.com.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Tick Tock. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other Tick Tock users;
- post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Tick Tock user;
- create or submit unwanted email (“Spam”) to any other Tick Tock users;
- infringe upon the intellectual property rights of Tick Tock, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the Tick Tock leader boards and community;
- use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
- advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
- sell or otherwise transfer your profile; or
- enter into contests, by any means including multi-accounting, for which you are ineligible.
6.1 User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from whom such User Content originated. This means that you, not Tick Tock, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Tick Tock be liable in any way for any User Content.
You acknowledge that Tick Tock may or may not pre-screen User Content, but that Tick Tock and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Tick Tock and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Tick Tock’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Tick Tock an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Tick Tock reserves the right, but has no obligation, to monitor disputes between you and other users.
8. Warranty disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Tick Tock has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Tick Tock from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Tick Tock makes no representations concerning any Content contained in or accessed through the Service, and Tick Tock will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. Limitation on liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TICK TOCK NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF TICK TOCK HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TICK TOCK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TICK TOCK FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR GAMES OR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Our proprietary rights
All title, ownership and intellectual property rights in and to the Service are owned by Tick Tock or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Tick Tock, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Tick Tock has no control over such sites, applications and resources, you acknowledge and agree that Tick Tock is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Tick Tock shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Termination and suspension
Tick Tock may terminate or suspend all or part of the Service and your Tick Tock account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Tick Tock account, you may contact us at firstname.lastname@example.org with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; and GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Tick Tock regarding restoration of your account only via email@example.com.
13. No third party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
14. Notice and procedure for making claims of copyright infringement
Tick Tock may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Tick Tock with written Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Tick Tock can be reached with respect to copyright infringement issues at firstname.lastname@example.org. To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
15. Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Initial Dispute Resolution
Our Customer Support Department is available to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
15.2 Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Tick Tock will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Tick Tock will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
15.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND TICK TOCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.5 Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15.6 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Tick Tock, [INSERT MAILING ADDRESS]. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Tick Tock also will not be bound by them.
15.7 Changes to this Section
Tick Tock will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Tick Tock agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Tick Tock shall be governed by the laws of the State of New York without regard to conflict of law provisions.
16. APPLICATION LICENSE
Subject to your compliance with these Terms, Tick Tock grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Tick Tock reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
17. ADDITIONAL TERMS FOR OUR iOS APP
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Tick Tock, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Tick Tock’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Tick Tock’s liability in this regard.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
18. IN-APP PURCHASES
18.1 Tick Tock may include in-app purchases that allow you to unlock certain levels of the game or battles within the game (“In-App Purchases”). If it does, it will not be necessary to make any In-App Purchases in order to play or win the game. You cannot switch off In-App Purchases from being offered to you within the game and there is no cap on the number of In-App Purchases you can make, but you may be able to switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the game (see clause 2.3 below for more on this). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the game.
18.2 If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.
18.3 More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider’s (such as Apple’s App Store or Google’s Google Play) terms and conditions/EULA, in your device’s help settings or online. If you are a parent or guardian of someone under the age of 18, we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make excessive In-App Purchases.
18.4 In-App Purchases can only be used within the game. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the game, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.
18.5 If any In-App Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or provide you with a patch to repair the fault. In no event will we charge you anything further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.
18.6 You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded Tick Tock and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the App Store Provider directly.
19. GENERAL INFORMATION
19.1 Entire Agreement
These Terms (and any additional terms, rules and conditions of participation in particular games or contests that Tick Tock may post on the Service) constitute the entire agreement between you and Tick Tock with respect to the Service and supersede any prior agreements, oral or written, between you and Tick Tock. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular games or contests, the latter will prevail over the Terms to the extent of the conflict.
19.2 Waiver and Severability of Terms
The failure of Tick Tock to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
19.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19.4 Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.
Thank you for using Tick Tock!
Last Update Posted: April 3, 2019.
1.4 Any questions, comments or complaints that you might have should be emailed to email@example.com.
2. Information We Collect
2.2 In addition to the above, we may need to verify your identity in order for you to use some aspects of the Service. For purposes of verification, we may also collect the following personal information from you (for compliance reasons, provision of this information when requested is a mandatory condition of using our Service): passport information; driving license information; other identification documents; permanent and temporary address; tax-related information; and other information as may be required to verify you in accordance with applicable laws and regulations.
2.3 When you use our mobile app, we also may collect mobile device information like operating system and hardware type, numbers or codes that are unique to your particular device (such as IDFA or an Android Ad ID), device information, default device language, the location of your device (at a GPS level), and app usage information. This data also may be linked to your other information, including your location data.
2.4 In addition, if you choose to log in, access or otherwise connect to Tick Tock, or contact Tick Tock, through a social networking service (such as Facebook), we may collect your user ID and user name associated with that social networking service, as well as any information you make public using that social networking service. We may also collect information you have authorized the social networking service to share with us (such as your user ID, public profile information, email address, birthday, friends list, and pages you have “liked”).
2.5 Cookies Information: When you visit the Tick Tock website, we may send one or more cookies – small files – to your computer or other device, which may enable us or others to uniquely identify your browser. Tick Tock may use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. Session cookies are temporary and typically disappear after you close your browser. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Site or Service may not function properly if the ability to accept cookies is disabled.
2.6 Log File Information: When you use our Service, our servers may automatically record certain information that your device sends whenever you visit any website and use certain apps. These server logs may include information such as your web or app request, Internet Protocol (“IP”) address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
2.7 Clear GIFs Information: When you use our Service, we may employ technology such as “clear GIFs” (a.k.a. Web Beacons) which are used to track the online usage patterns of our users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by specific users.
2.8 Tick Tock may also collect information about you from third parties, such as marketing partners, identity verification services, anti-fraud services and other service providers.
3. The Way Tick Tock Uses Your Personal Information
3.1 We use your personal information to operate, maintain, and provide to you the features and functionality of the Service, including but not limited to the following: providing you with our products and services, including our games; processing and responding to inquiries; personalizing your use of the Service; alerting you to new features, special events, products and services, or certain third-party products or services in which we think you will be interested; enforcing the legal terms that govern your use of the Service; and investigating and protecting the integrity of Tick Tock’s games and contests.
3.2 We may use your information (both personal and non-personal information) to send you marketing and advertising content, including sending you advertising through multiple channels, such as direct mail, email, push notifications and display media. We may send you advertising or content regarding our products and services, or products and services that we market on behalf of another company or other entity.
3.3 We may use your information to communicate with you about: our products and services in which you may be interested provided that you have not requested otherwise; newsletters and information for which you have signed up; and non-marketing or administrative purposes (such as notifying you of major changes to the Service or for customer service purposes).
3.4 We use your information to improve the quality and design of our Service and to create new features, promotions, functionality, and services such as by storing, tracking, and analyzing user preferences and trends.
3.6 We may anonymize, de-identify, or aggregate your information for any legitimate business purposes, including for reporting and research, or advertising. Such anonymized and/or aggregated data does not personally identify you. Sometimes, this information may be used to target more relevant content or offers to you across different devices – for instance, we may provide you with offers and content on your mobile device, based on your web-based activity.
3.7 We will retain personal information as long as necessary to fulfill these purposes unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described here, we make backups of certain data, which we may retain for longer than the original data.
4. When Tick Tock Discloses Information
4.1 We may disclose the information we collect or receive from you to our subsidiaries, affiliated companies, agents, or other businesses, or service providers who process your information on our behalf in order to provide or operate the Service. For instance, these entities may have access to your information for purposes including (but not limited to) billing and accounting, hosting, marketing, promotional and email services, customer and technical support, and for the purpose of accepting purchases and paying withdrawals and processing such information on our behalf, and in each case, may use the information to make improvements to the services they provide to us. Our agreements with these service providers limit the kinds of information they can use or process and require them to use reasonable efforts to keep your personal information secure.
4.2 When you choose to share information with social media services about your activities on Tick Tock by, for example, connecting your social media account to our Service, then Tick Tock may share your personal information and information about your use of the Service with such social media sites. Please make sure to read the terms and privacy statements of such sites prior to connecting to our Service in this way.
4.3 In the event that you win a prize we may use your personal information (such as your name and photo) in connection with publicity purposes.
4.4 In the event that you win a game, contest or promotion run by us we may be required to either publish or make available upon request your name and county in accordance with applicable legislation.
4.5 We may publish a profile page that includes your username, the date you became a member, your stats from previous games or contests and, if you uploaded one, your profile picture. Where you post personal information about yourself through our Service to public areas of our Service, you acknowledge and agree that this personal information will be publically available.
4.6 When you participate in a game or contest, we may publish your username on a list of the contest participants, along with a link to your profile page.
4.7 Where you have provided your consent, we may share your personal information with selected third parties for their commercial or marketing use in conjunction with your relationship with Tick Tock or as part of a specific program or feature.
4.8 In addition, we may disclose to third parties various types of your information for targeted online or mobile advertising, as further described in the Section titled “Third Party Advertising and Analytics.”
4.9 We also may share personal information in other situations with your consent.
4.11 In the event that Tick Tock is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, or other change of control, there may be a disclosure of your personal information to another entity related to such event.
5. Legal Bases for Processing Personal Data
5.1 Some laws require companies to tell you about the legal grounds they rely on to process your personal information. To the extent those laws apply, we process your personal information for:
5.1.1 Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
(a) Customer service;
(c) Protecting our players, personnel and property;
(d) Analyzing and improving our business;
(e) Processing job applications; and
(f) Managing legal issues
5.1.2 We may also process personal data for the legitimate interests of our affiliates or business partners, such as to offer special events or contests or assist with marketing.
5.1.3 Processing for the contract: Some of our processing of personal data is to meet our contractual obligations with our players.
5.1.4 Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.
5.1.5 Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
6. Your Choices
6.2 You can access and update certain personal information Tick Tock holds about you at any time by logging into your account via the Service. You can update your marketing preferences and whether or not you would like us to send you newsletters in your account. You can also unsubscribe to marketing emails and newsletters via notice to firstname.lastname@example.org.
6.3 We may occasionally send display media to you, in a targeted way, whether through web or mobile browsers or mobile applications. You may opt out of many third parties that support and send this type of targeting advertising by going to www.aboutads.info, and you may learn more about this type of advertising in the below Section titled “Third Party Advertising and Analytics.” You may opt out of tracking for mobile advertising through the settings on most smartphones, and you may learn more about these settings through those mobile device platforms, i.e., Google and Apple (please note that these companies may change the way their settings operate over time).
6.4 We may occasionally send you push notifications to your mobile device. You can turn off certain push notifications in the account settings of your Tick Tock mobile app. You can also turn off push notifications specific to our Service in the settings on your iOS device, or through the application manager in your Android device.
6.5 You can reach us as described below with any other concerns, requests or complaints regarding our data collection, data use or data transfer. You also have a right to file a privacy complaint with the relevant privacy regulator, but we respectfully invite you to allow us to try to resolve the matter directly. We will attempt to answer your questions and satisfy your concerns in a timely and complete manner.
7. Third Party Advertising And Analytics
7.2 To learn more and to opt out of the collection of data on our website by third parties (including those described above) for interest-based advertising purposes, please visit www.aboutads.info/choices or www.youronlinechoices.com. Note that because this opt out method may be cookie-based, you will need to opt out again if you update or change your browser, or delete your cookies. You can also control interest-based advertising on apps on your mobile device with the AppChoices app, available for iOS and Android. Note that opting out will not affect the quantity of ads you see online but likely will cause the ads to be less relevant to you.
7.3 We also may work with third-party analytics companies to collect data on our Service through cookies and other automated means. In some cases, the third parties mentioned in this section may maintain the information they collect in personally identifiable form.
8. Information Security
8.1 We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
8.2 While neither we, nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited.
8.3 To further protect your privacy and security, we reserve the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections.
8.4 Additionally, you should ensure your password is kept secret at all times. You will be responsible for maintaining the secrecy of your password and account information.
9. Your California Privacy Rights
9.1 If you reside in California, you may request certain general information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at email@example.com.
10. Changes and updates