TiKL Inc

Terms of Service

1. Acceptance of terms of use and amendments

Each time you use or cause access to this application, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this application or accessed via this application, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. 

2. Services

This application and the services provided to you on and via this application are provided on an "AS IS" basis. You agree that TiKL Inc reserves the right to modify or discontinue provision of this application and its services, and to remove any data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. TiKL Inc will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information of any kind.

3. Your responsibilities and registration obligations

It is your responsibility to follow any rules, regulations and terms of service required by your carrier or phone service provider. Also, in order to use this application or certain parts of it, you may be required to register for a user account and/or provide your telephone number to the application; in this case, you agree to provide truthful information when requested, and -- a minimum age of thirteen is required to be eligible for a user account -- you undertake that you are at least the required age. By registering for a user account and/or providing your telephone number, you explicitly agree to this application's Terms of use, including any amendments made by TiKL Inc that are published herein.

4. Privacy policy

Registration data and other personally identifiable information that the application may collect is subject to the terms of the Privacy policy described below.

5. Registration and password

You are responsible for maintaining the confidentiality of any passwords, and you will be responsible for all usage of your user account and/or user name and/or telephone number, whether authorized or not authorized by you. You agree to immediately notify TiKL Inc of any unauthorized use of your user account, user name, telephone number or password.

6. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account and/or telephone is used. You agree that this application may expose you to content that may be objectionable or offensive. TiKL Inc will not be responsible to you in any way for any content you receive or transmit while using this application, nor for any error or omissions that may occur during communication.

By using this application or any service provided, you explicitly agree that: (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this application or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law; (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (c) you will not collect or harvest any information about other users; (d) you will not provide, and you will not use this application to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this application to promote or operate any service or content without TiKL Inc's prior written consent; (e) you will not provide any content that may give rise to TiKL Inc being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

7. Third-party services

Goods and services of third parties may be advertised and/or may be made available on or through this application. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. TiKL Inc will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

8. Indemnification

You agree to indemnify and hold harmless TiKL Inc and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this application or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

9. DISCLAIMER OF WARRANTIES YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS APPLICATION AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND TIKL INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TIKL INC MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER TIKL INC NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS application MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT TiKL INC WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TiKL INC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TiKL INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

11. Reservation of rights

TiKL Inc reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that TiKL Inc may have with respect of this application, its content, and goods and services that may be provided. The use of TiKL Inc property requires the TiKL Inc's prior written consent. By making services available to you, TiKL Inc is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this application or provided services without TiKL Inc prior written consent.

12. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, TiKL Inc copyright agent may be contacted via the TiKL website contact form.

13. Applicable law

You agree that these Terms of use and any dispute arising out of your use of this application or products or services provided will be governed by and construed in accordance with local laws applicable at TiKL Inc domicile, not withstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this application, or by using this application and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over TiKL Inc's domicile, and that any disputes will be heard by the said courts.

14. Miscellaneous information

(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of this application or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) TiKL Inc may assign TiKL Inc rights and obligations under these Terms of use; in this event, TiKL Inc will be relieved of any further obligation.

Privacy Policy

Introduction

TiKL Inc takes your right to privacy seriously, and wants you to feel comfortable using this application. This privacy policy deals with personally-identifiable information (referred to as "data" below) that may be collected by the application. This policy does not apply to other entities that are not owned or controlled by TiKL Inc, nor does it apply to persons that are not employees or agents of the application, or that are not under the application's control. Please take time to read the Terms of use.

1. Collection of data

To use this application, you may need only your personal phone number and/or a facebook/email id.  This is used for the sole purpose of providing service to you.  You are not required to provide any other information. Please be aware that any information you enter may render you personally identifiable, and may possibly be displayed on this application intentionally (depending on the way in which the application is configured) or unintentionally (subsequent to a successful act of intrusion by a third party). As with many applications, TiKL Inc may also automatically receive general information that is contained in server log files, such as your IP address.   TiKL Inc, reserves the right to collect non-personally identifiable statistics about the usage and performance of the application.  This data is used solely for the purpose of improving the application.

2. Use of data

Data may be used to customize and improve your user experience on the application. Efforts will be made to prevent your data being made available to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) your consent is obtained, such as when you choose to opt-in or opt-out for the sharing of data; (iii) a service provided by application requires interaction with a third party, or is provided by a third party, such as an application service provider; (iv) pursuant to legal action or law enforcement; (v) it is found that your use of this application violates the TiKL Inc policy, terms of service, or other usage guidelines, or if it is deemed reasonably necessary by TiKL Inc to protect TiKL Inc's legal rights and/or property; or (vi) this application is purchased by a third party, in which case that third party will be able to use the data in the same manner as set forth in this policy. In the event you choose to use links displayed on this application to visit other sites/applications, you are advised to read the privacy policies published by those sites/applications.

3. Advertising

Advertisements may display in this application and, if so, may set and access cookies on your computer/smart phone; such cookies are subject to the privacy policy of the parties providing the advertisement.  These parties usually use non-personally-identifiable or anonymous codes to obtain information about application usage.

4. Minors

Persons under the age of thirteen should use this application under the supervision of a parent or guardian only.  TiKL Inc does not permit the use of this application by minors without such supervision.

5. Changes to this privacy policy

Changes may be made to this policy from time to time.  TiKL Inc, reserves the right to make these changes without any notice to you.

6. NO GUARANTEES

While this privacy policy states standards for maintenance of data, and while efforts will be made to meet the said standards, TiKL Inc is not in a position to guarantee compliance with these standards. There may be factors beyond TiKL Inc's control that may result in disclosure of data. Consquently, TiKL Inc offers no warranties or representations as regards maintenance or non-disclosure of data.

7. Contact information

If you have any questions about this policy or about this application, please feel free to contact TiKL Inc using the contact link at www.tikl.mobi.


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