Tikkit 

EULA, Privacy Policy, & Terms of Use

Effective date: Jan 01, 2021

 

Who We Are and What This Policy Is

We at Tikkit, Inc. (“Tikkit”, “Us”, “We, or “Our”) know you care about how your personal information (“Personal Information”) is used and shared, and we take your privacy seriously.  Please read the following to learn more about our Privacy Policy.  

 

By using or accessing the “Tikkit” mobile application (“Application”) or the website located at www.tikkit.io (collectively, the “Service”) in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. 

 

Remember that your use of Service is at all times subject to the Terms of Use, which incorporates this Privacy Policy.  Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

 

Tikkit allows users to create and publish content. By using Tikkit you agree to abide by our Terms of Use and Community Rules and Guidelines. Publishing of any bias-motivated hate content is strictly prohibited, as is any content containing threats, violence, or intent of violence on other users and the public. Any content published may be subject to immediate removal under our Community Guidelines but may also be removed by Us at our discretion without explanation. All user generated content may be reported by other users and reviewed by Us.

 

Here’s the Info We Collect

Tikkit collects only the following types of information:

Information You Provide to Us:

We receive and store any information you knowingly provide to Us.  For example, through the registration process and/or through your account settings, we may collect Personal Information such as your full name, email address, phone number, and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). 

In addition, You may provide Us with Your Content as defined in our Terms of Use. Please see the Terms of Use to understand what rights We have to use such content.

Also, if you provide your third-party account credentials to us or otherwise sign in to the Service through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with, and that Third Party Account Information transmitted to the Service is covered by this Privacy Policy. Certain information may be required to register with us or to take advantage of some of our features.

Other Information Collected from Your Use of the Site or Application (Like “Cookies”):

Whenever you interact with our Site or Application, we may automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” information, the type of browser and/or device you’re using to access our Service, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Site or Application are visited and by how many people.  You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.  Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Service.  Also, if you click on a link to a third party website or service, such third party may also transmit cookies to you.  Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.  We may use this data to customize content for you that we think you might like, based on your usage patterns.  We may also use it to improve the Service – for example, this data can tell us how often users use a particular feature of the Service, and we can use that knowledge to make the Service interesting to as many users as possible.   

 

Information Collected From Other Websites and Do Not Track Policy:

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services.  Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy.  Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites.  Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Here’s How We Use Your Info

 

Tikkit uses your Personal Information as follows:

 

To provide you with the features, functions and benefits of the Service.

  • To help us internally operate and maintain the Service (such as, for the purposes of fixing malfunctions, testing our security systems, etc.).

  • To enhance, improve and further develop the Service (such as, creating new features or functions, refining the user experience, increasing the technical performance of our Products, etc.).

  • We will use your contact information to provide you with notices relate to your use of the Service (such as account notifications and legal notices).  

  • We will use your contact information (such as, your email address) to provide you with promotional and marketing emails.  You can opt-out of receiving certain types of promotional and marketing emails – but in such case you may not receive the full benefit of the Service.  Opting-out can be done by following the instructions set forth in the email (usually in the footer).-To help personalize the Service experience for you (such as, remembering your information so you will not have to enter it each time you open the Application on your mobile device).

  •  And for the other purposes referenced in the “Who We Share Info With” section below.

  • Info that Does Not Identify You.    

  • We may anonymize the information we collect from you so that you are not individually identified, and provide that information to our partners or the public in general. For example, we may publish statistics regarding the types of images shared by users. To be clear – such disclosures will not identify you.

Who We Share Info With:

 

We neither rent nor sell your Personal Information in personally identifiable form to anyone. We may share your Personal Information with some third parties – but only as described in this section:

Agents (Such as, Our Payment Processor):    We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. For example, we may use third parties to provide marketing, advertising, communications, infrastructure and IT services, provide customer service, process and administer consumer surveys, etc. 

In the course of providing such services, these third party providers may have access to your information. But, they are only authorized to use or disclose your information in connection with providing us with their services. 

Profile Information for the Tikkit Community:    Certain user profile information, including your name and location, may be displayed to other users to facilitate user interaction within the Service or address your request for our services.  Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others.  Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone.  Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Service and other users can contact you through messages and comments. Additionally, if you sign into the Service through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Service, and such “friends,” if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Service user profile.  Again, we do not control the policies and practices of any other third party site or service.

Business Transfers:   We may choose to buy or sell the assets of Tikkit, Inc.  In these types of transactions, customer information is typically one of the business assets that would be transferred.   Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, your information could be one of the assets transferred to or acquired by a third party. 

Protection of Tikkit and Others:  We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Use; detect and handle payment fraud, or otherwise to protect the rights, property, or safety of Tikkit, our employees, our users, or others.

California Residents:    UNDER CALIFORNIA CIVIL CODE SECTIONS 1798.83-1798.84, CALIFORNIA RESIDENTS ARE ENTITLED TO ASK US FOR A NOTICE IDENTIFYING THE CATEGORIES OF PERSONAL INFORMATION WHICH WE SHARE WITH OUR AFFILIATES AND/OR THIRD PARTIES FOR MARKETING PURPOSES, AND PROVIDING CONTACT INFORMATION FOR SUCH AFFILIATES AND/OR THIRD PARTIES.  IF YOU ARE A CALIFORNIA RESIDENT AND WOULD LIKE A COPY OF THIS NOTICE, PLEASE SUBMIT A WRITTEN REQUEST TO: TEAM@TIKKIT.IO

Third Party Advertising

 

Advertisements that may appear on the Service are sometimes served directly by third party advertisers. They automatically receive your IP address or device ID when this happens.  Third party advertisers may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content.  In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements were clicked.

Tikkit will not provide these third party advertisers with any access to your Personal Information without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. However, please note that if an advertiser asks us to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach.  In addition, we may allow advertisers to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an advertiser, in order for that advertiser to select the appropriate audience for those advertisements and/or offers.  For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are.

 

You should consult the respective privacy policies of all third-party ad servers or ad networks you know are used in connection with the Service. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or websites.

 

What You can Do to Your Personal Information.

Limitations on Deletion:  Even after you remove information from your profile or delete your account, your Personal Information may be retained by us on back-up servers indefinitely.   In addition, we will continue to retain and use anonymized data (meaning data that does not specifically identify you). We keep such servers to help protect the stability and availability of the Service (such as protecting it from viruses and malfunctions).  

 

In addition, copies of your information may remain viewable elsewhere to the extent it has been publicly published by your or otherwise shared by you with others (such as, message you posted to friends on the Service).  

 

We may also indefinitely retain and use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Laws and Regulations:  We may also retain your Personal Information to the extent required to comply with (or we deem it reasonable in light of) any laws or regulations.

The Location of Your Info

While your Personal Information is in our possession, it will be stored at hosting facilities located in the USA.  These facilities are either operated by Tikkit or our third party providers.  By using the Service you are consenting to have your Personal Information stored, transferred and processed in the USA.

The Security of Your Info

Tikkit takes certain precautions to protect your Personal Information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices.  That said, we cannot guarantee the security of such information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.  No security system is perfect - so your use of the Service is at your own risk. If we learn of a security systems breach, then we may attempt to notify you via email, phone, physical mail, or by a posting on your Service account page - so that you can take appropriate protective steps.  Pursuant to our Terms of Service you have consented to receive such notice by electronic means (provided that such consent is void where prohibited by applicable law).  To receive a free written notice of a security breach, or if you have any questions about the security of the Service, please contact us at team@tikkit.io. In addition to the security measures referenced above, your Service account is protected by a password for your privacy and security.  You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

PROTECTING CHILDREN.    

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at team@tikkit.io

 

Contacting Us.

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to team@tikkit.io.

 

 

    

    

    

Tikkit

Terms of Use

 

(Last Updated: January 01, 2021)

This is who we are and some general legal stuff about being bound by the terms below.    The following terms and conditions (the “Agreement”) govern all use of the “Tikkit” mobile application (“Application”) and the website located at www.tikkit.io (collectively, the “Service”). The Service is provided to you by Tikkit, Inc. (“Tikkit”, “Us”, “We, or “Our”).  The Service is subject to your (“You” or “Your”) acceptance without modification of all of the terms and conditions contained herein.  BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.  Special features provided by Tikkit may be subject to different or additional terms or conditions. To the extent they conflict with this Agreement, such different or additional terms and conditions will control.

Tikkit reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time.  You will be notified of such changes by email, account notification, or a notice posted on the Service.  Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

You hereby certify to Tikkit that You are at least 13 years of age.  In jurisdictions where 13 is not the age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian.  You also certifies that You are otherwise legally permitted to use the Service.

 

SCOPE.

This is what Tikkit is.    The Service is a place to collect money from friends, create parties, buy tickets, and organize social gatherings.

 

RESTRICTIONS.

This is stuff you shouldn’t do!    You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for any direct commercial purpose (such as charging other users to engage with the Service in any manner); (iv) remove or obscure any proprietary notices on the Service; (v) use the Service for any unlawful purpose; (vi) access any part of the Service in a manner not explicitly permitted by these terms; (vii) send unwanted messages or emails (i.e.,“spam”) to Tikkit’s users or otherwise via the Service; (viii) use domain names or web URLs in Your username without our prior written consent; (ix) interfere or disrupt the Service in any way; or (x) access the Service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers.  As between the parties, Tikkit shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

 

In the event You submit any information to the Service (such as during the registration process), You represent and warrant that You have full right and authority to do so – and that such information is complete and accurate. You are responsible for all activity that occurs on Your Service account (and You must not share Your log-in details with anyone).

 

USER CONTENT.

 

To the extent you submit content to Tikkit you must have the legal right to do so.  This section explains what kind of content you can submit – and how we can use it.    The Service permits You to submit images, text and other content to store and share (“User Content”).  Except for the licenses You grant below - User Content submitted by You (“Your Content”) is owned by You.  By submitting Your Content, You grant Tikkit the following rights and licenses: 

For all Your Content, You hereby grant Tikkit a license to translate, modify (for technical purposes, for example making sure Your Content is viewable on mobile devices as well as a computer) and reproduce and otherwise act with respect to Your Content, in each case to enable Us to operate the Service, as described in more detail below.  

If You store Your Content in Your own personal Service account, in a manner that is not viewable by any other user except You, You grant Tikkit the license above, as well as a license to display, perform, and distribute Your such content for the purpose of making it accessible to You.

If You share Your Content only in a manner that only certain specified users can view (for example, posting a message to a group chat between your and your friends), then You grant Tikkit the licenses above, as well as a license to display, perform, and distribute such content for the purpose of making it accessible to such other specified users.  Also, You grant such other specified users a license to access that content, and to use and exercise all rights in it, as permitted by the functionality of the Service.  

If You share Your Content publicly via the Service and/or in a manner that more than just You can view (such as by posting to a public chat), or if You provide Us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (“Feedback”), then You grant Tikkit the licenses above, as well as a license to display, perform, and distribute such content and Feedback for the purpose of making it accessible to all Service users, as well as all other rights necessary to use and exercise all rights in that content and Feedback in connection with the Service and/or otherwise in connection with Our business for any purpose. Also, You grant all other users of the Service a license to access such public content, and to use and exercise all rights in it, as permitted by the functionality of the Service.

You agree that the licenses You grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when You cancel Your Service account, We will stop displaying Your Content (other than Your Content that was made public available as descried above, which may remain fully available) to other users (if applicable), but You understand and agree that it may not be possible to completely delete that content from Our networks and systems, and that Your Content may remain viewable elsewhere to the extent that they were copied or stored by other users. In addition, Your Content that may be downloaded or saved by other users - such Your Content that You send in a text message to a friend - may be retained by the recipient users to the extent so downloaded. 

Finally, You understand and agree that Tikkit, in performing the required technical steps to provide the Service to Our users (including You), may need to make changes to Your Content to conform and adapt such content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

 

USER CONTENT RESTRICTIONS

 

You must not submit any content that is: pornographic (or contains nudity), unlawful, offensive, threatening, racist, libelous, defamatory, obscene or otherwise objectionable or violates any third party's intellectual property rights, or rights or privacy or publicity. 

In connection with Your Content, You affirm, represent, and warrant that (and that You can and will demonstrate to Tikkit’s full satisfaction upon its request that): (i) You have all necessary rights, licenses, consents and waivers to grant all of the rights and licenses You grant above, (ii) Your Content does not violate any laws or regulations, and (iii) Your Content does not infringe or otherwise violate any third party rights (including, without limitation, intellectual property rights, and the rights of publicity and privacy).

You are solely responsible for Your Content and the consequences of posting or publishing or sharing. You agree that Tikkit has no liability with respect to any of User Content, including, without limitation, Your Content, and You hereby irrevocably release Tikkit and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to any and all User Content.

Tikkit reserves the right to decide whether User Content is inappropriate or violates this Agreement.  Tikkit may remove any User Content at any time – in its discretion – with or without notice.

GENERAL CONTENT.

You can use content on Tikkit only for purposes of using Tikkit for the purpose for which it is provided.

 

You agree that the Service contains information and other content specifically provided by Tikkit or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  Except as expressly authorized by Tikkit in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content.  However, Tikkit hereby grants You a limited, revocable, non-sublicensable license to reproduce and display such content (excluding any software code); provided, that You retain all copyright and other proprietary notices contained therein.  Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of Tikkit.  

 

WARRANTY DISCLAIMER.

We disclaim all legal warranties with respect to Tikkit.

 

THE SERVICE IS PROVIDED ON AN “AS IS” 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.  TIKKIT AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS. IN ADDITION, TIKKIT AND ITS LICENSORS MAKE NO WARRANTIES WITH RESPECT TO ANY USER CONTENT. YOU ACCESS, DOWNLOAD AND USE USER CONTENT AT YOUR OWN RISK. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

LIMITATION OF LIABILITY. 

Our legal liability is limited in a number ways.

 

IN NO EVENT SHALL TIKKIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT FOR: (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) THE LOSS OF ANY DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY THE SERVICE OR ANY OF TIKKIT’S SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS, (IV) ANY DAMAGES CAUSED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, OTHER USERS, (V) ANY DAMAGES CAUSED BY MATTERS BEYOND TIKKIT’S REASONABLE CONTROL (SUCH AS ACTS OF GOD OR TELECOMMUNICATION FAILURES), (VI) ANY DAMAGES CAUSE BY ANY USER CONTENT, OR (VII) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

INDEMNITY. 

You need to protect us in case your use of Tikkit or any of the content you submit causes harm.

 

You shall indemnify and hold harmless Tikkit, its affiliates, its partners, and each of its, and its affiliates, and its partners, employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with (i) Your breach of this Agreement, (ii) any of Your Content (including, without limitation, with respect to the violation of any third party intellectual property rights, or rights of privacy or publicity) or (ii) any disputes or other issues you have or may have with any other Tikkit users.  Tikkit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with Tikkit in asserting any available defenses.

 

DISPUTES WITH OTHER USERS.

If you have a “issues” with other users – we do not want to be involved.

 

You are solely responsible for Your interactions with other Service users.  Tikkit reserves the right, but has no obligation, to monitor disputes between Our users.  If You have a dispute with one or more users of the Service, You shall and hereby do release Tikkit (and its officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  To the extent We assist in the resolution of any dispute between You and any other Service users, such assistance is only a courtesy and, therefore, You acknowledge that Tikkit shall not be responsible or liable for such assistance or the results thereof.

 

TERMINATION. 

You can terminate at any time and so can we.

 

If You want to terminate this Agreement – You must cancel Your Service account.  You can cancel Your account by going selecting the ‘delete this Tikkit Account’ on Your profile page within the Application. Subject to the “Limitations on Deletion” section in our Privacy Policy, Your data will be permanently deleted from our servers and access to Your account will be disabled. Tikkit may terminate or suspend Your access to the Service at any time, with or without cause.  Upon termination, You will no longer access (or attempt to access) the Service.  All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and disputes resolutions provisions. 

 

PRIVACY.

We take privacy seriously so please check out our Privacy Policy!

 

Tikkit takes the privacy of its users very seriously. We strongly urge You to review our Privacy Policy. If You have any questions or concerns about how We use Your personal information – the answers should be in the policy. If not, the policy contains Our contact information – so You can reach out to Us with inquiries.

 

COPYRIGHT POLICY.

This is what you should do if you think any content on Tikkit is violating your intellectual property rights.    Tikkit’s takes the protection of intellectual property rights very seriously. If You believe that any content on the Services is infringing any copyright Your own or control, please refer to Our Copyright Policy. The policy sets out clear procedures for You to follow to request that such content be removed from the Service.

 

APPLE DEVICE TERMS.

If you are using Tikkit on an Apple device (like and iPhone) – these terms apply.

 

In the event You are using the Application in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply:

Both You and Tikkit’s acknowledge that this Agreement is concluded between You and Tikkit’s only, and not with Apple, and that Apple is not responsible for the Application or any content available thru the Application;

 

You will only use the Application in connection with an Apple device that You own or control;

 

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

 

In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application;

 

You acknowledge and agree that Tikkit’s, and not Apple, is responsible for addressing any claims You or any third party may have in relation to the Application;

 

You acknowledge and agree that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Tikkit’s, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

 

You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;

 

Both You and Tikkit’s acknowledge and agree that, in Your use of the Application, You will comply with any applicable third party terms of agreement, which may affect or be affected by such use; and

 

Both You and Tikkit acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as the third party beneficiary hereof.

 

 

DISPUTE RESOLUTION.

If a dispute ever arises between us and you (which hopefully will never ever be the case!), here is how it will be dealt with. We prefer arbitration over court, but provide you with an option to opt-out of it.    Let's Try To Work It Out.  Ideally, if You have any concerns or complaint against Tikkit, We would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Tikkit, You agree to try to resolve the dispute informally by contacting support@withapp.me. Tikkit will attempt to resolve the dispute informally (and will contact You via email). If a dispute is not resolved within 15 days of submission, You may bring a formal proceeding.

Arbitration. Any disputes that are not settled informally shall be settled by binding arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”).  The arbitrator shall be selected by joint agreement between You and Tikkit.  In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute.  The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court.   The arbitration proceeding shall take place in San Francisco, California using the English language.  Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a court (see the “General” section below) at any time. 

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by notifying Tikkit in writing within 30 days of the date that You first become bound by this Agreement. Your opt-out request must be sent to:

Tikkit, Inc.

(ATTN: Arbitration Opt-out)

3500 South DuPont Highway, Dover DE 19901

You must include Your name and residence address, the email address You use for Your Service account, and a clear statement that You want to opt-out of this arbitration agreement.

No Class Actions. You may only resolve disputes with Tikkit on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. This paragraph will not apply to the extent prohibited by applicable law.

Going to Court. Subject to the arbitration provision above, You agree that the exclusive jurisdiction and venue for all disputes arising in connection with this Agreement shall be in the state and Federal courts located in San Francisco, California.  You hereby submit to such jurisdiction and venue.

 

GENERAL. 

These are the rest of our terms.  Stuff dealing with how this Agreement should be read, what laws apply, etc.    The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Tikkit shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tikkit’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Tikkit’s prior written consent.  Tikkit may transfer, assign or delegate this Agreement and its rights and obligations without consent.  This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.